Q: One horse kicked another horse, injuring it. Is the first horse’s owner liable?

A: Vicious damage done by an animal not for its pleasure is called keren (horn), such as goring, pushing, biting, squashing, and kicking. Such behavior is considered unusual. The Torah limits payment to only one-half the value of the damage, and is payable only in the form of the damaging animal itself, up to its worth (C.M. 389:2, 5-6, 19). This payment is considered a knas (fine). Therefore, beis din is not authorized to adjudicate cases of keren nowadays, but the victim can grab the amount owed (C.M. 1:1, 5). There is a dispute whether the owner has a Heavenly obligation (chiyuv latzeis yedei Shamayim) to pay (Pischei Choshen, Nezikin 5:[18]).

Keren includes all types of unusual damage, e.g. eating food not normally eaten or jumping on something in an atypical fashion; this is not considered shen or regel (390:12; 391:2).

If the action is repeated three consecutive times, the animal gains the status of “muad” (cautioned) and full out-of-pocket payment is required. Nowadays, since beis din is not authorized to adjudicate, an animal cannot be made muad, but we require the owner to get rid of the animal (Aruch Hashulchan 389:12).