Thursday, December 14, 2023

What does “the owner of the ox is not to be punished” comes to teach us? TB Baba Kama 42

 As you well know, the rabbis did not believe that there are any extraneous words in the Torah. A little bit from yesterday’s daf and the majority of today’s daf TB Baba Kama 42 analyzes a seemingly extraneous phrase in the verse:

וְכִֽי־יִגַּ֨ח שׁ֥וֹר אֶת־אִ֛ישׁ א֥וֹ אֶת־אִשָּׁ֖ה וָמֵ֑ת סָק֨וֹל יִסָּקֵ֜ל הַשּׁ֗וֹר וְלֹ֤א יֵאָכֵל֙ אֶת־בְּשָׂר֔וֹ וּבַ֥עַל הַשּׁ֖וֹר נָקִֽי:

When an ox gores a man or a woman to death, the ox shall be stoned and its flesh shall not be eaten, but the owner of the ox is not to be punished.” (Exodus 21:28)

Previously the Gemara concludes that the phrase “it’s flesh shall not be eaten” means nobody may not only eat the meat, but also may not derive any benefit from it. If that is the case what does the phrase “וּבַ֥עַל הַשּׁ֖וֹר נָקִֽי - the owner of the ox is not to be punished” comes to teach us? Four tannaim provides four different explanations what this phrase comes to teach us. Once again all quotes come from Sefaria.org) with my comments in italicized font.

1.    And according to Rabbi Abbahu, now that he derives the prohibition of eating and the prohibition of deriving benefit from the verse “Its flesh shall not be eaten,” why do I require the statement: “The owner of the ox shall be clear”? The Gemara answers: This is stated to prohibit deriving benefit from its hide after it has been killed; as it could enter your mind to say that it is specifically its flesh from which it is prohibited to derive benefit, as the verse states: “Its flesh shall not be eaten,” but deriving benefit from its hide will be permitted. Therefore, the Torah teaches us that the owner of the ox shall be clear, to indicate it is prohibited to derive benefit from any part of the ox.

2.    Rabbi Eliezer says: It means that he shall be clear from paying half a ransom. Although the owner of an innocuous ox that causes damage is liable to pay half the cost of the damage, if an ox kills a person its owner is not liable to pay any ransom.

3.    Rabbi Yosei HaGelili says: It means he shall be clear from paying compensation for miscarried offspring. In other words, if an innocuous ox causes a woman to miscarry, the owner is not liable to pay half the compensation for the miscarried offspring. Compensation four miscarried offspring is based on the Torah verses “When [two or more] parties fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage (i.e. death) ensues, the one responsible shall be fined according as the woman’s husband may exact, the payment to be based on reckoning. But if other damage ensues, the penalty shall be life for life...” (Exodus 21:22-23) One might understand these penalties only apply to human beings and not oxen. If a shor tam causes a miscarriage, the owner is liable for all penalties. Consequently, “the owner of the ox is not to be punished” means he shall be clear from paying the compensation for the miscarried offspring.

4.    Rabbi Akiva says: This statement teaches that if an innocuous ox kills a Canaanite slave, its owner shall be clear from paying compensation for the slave, unlike the case of a forewarned ox that killed a Canaanite slave, where the ox’s owner is liable. When a Jew kills a Canaanite slave he pays the owner the fine of 30 shekalim whether the slave was worth one shekel or 100 shekalim. One might think that this fine only applies to humans, but an ox who murders a Canaanite slave pays the full value of the slave no matter how high it is. The phrase “the owner of the ox is not to be punished” is not fined at all.

 

 

No comments:

Post a Comment