Q: A neighbor’s dog entered my yard. It trod on plants and chewed some rubber toys. Is the owner liable?

A: A person is liable for these two forms of damage done by his animal:

1) Regel refers to damage done by the animal in the course of normal walking, such as stepping on something or knocking it over. It also applies to damage done by items attached to the animal, such as a leash, saddle, or cart (C.M. 390:1). If while walking the animal kicked pebbles that caused damage, there is an oral tradition (halacha l’Moshe miSinai) that the owner pays only half the cost of the damage (390:3).

2) Shen refers to damage that the animal does for its enjoyment, such as eating, rubbing against a fence, or rolling on plants (391:1).

A person is not liable for regel and shen damage occurring in a public domain, but only for damage done to or on a victim’s property. If the animal ate in a public domain, the owner needs to pay only the amount of the minimal benefit that his animal is normally fed (390:2-3; 391:7-8).

Beis din is authorized even today to adjudicate cases of regel and shen, since they are common forms of damage that entail loss of capital (C.M. 1:3).