Today's Daf Yomi
July 7, 2016 | ืืณ ืืชืืื ืชืฉืขืดื
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This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
Bava Kamma 37
Can we derive from our mishna whether or not when the mishnyaot refer to a sela, they mean the higher valued currency or the lower valued – one eighth of the other ย If an animal is muad for one type, does that make him muad for all types of animals? ย If he is muad for people, then is he also muad for animals? ย For small animals, is he muad for large animals? ย Depending on how you read the mishna on this page, affects how you answer this question. ย It all depends on a single letter . ย The two different readings are brought and analyzed. ย Other situations of determining patterns are brought and questions are raised and comparisons are made to where also patterns are used for determining whether a woman has a set menstrual cycle or not.
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ืืื ื ืฆืจืืืื ืคืจืืืืื
do not require a document that prevents the Sabbatical Year from abrogating an outstanding debt [prosbol] by transferring the right of collection to the court. The reason that orphans do not require this document is because the court is legally considered to be their steward, and their debts are therefore transferred to the court automatically, even without a prosbol.
ืืื ืชื ื ืจืื ืืจ ืืื ืืืชืืืื ืืื ื ืฆืจืืืื ืคืจืืืืื ืจืื ืืืืืื ืืืืช ืืื ื ืืืืื ืฉื ืืชืืืื ืืื
Similarly, Rami bar แธคama taught: Orphans do not require a prosbol, as Rabban Gamliel and his court were tantamount to the fathers of orphans, as they were vigilant to collect all of the debts owed to orphans. Subsequently, the courts in every generation have this status.
ืื ื ืืืฉื ืชืงืข ืืื ืืืืื ืืืจื ืืชื ืืงืืื ืืจื ืืื ื ืืืจ ืืื ืืื ืื ืืื ืคืืื ืืืืื ืืื ืืื ืืืื ืืื ืืขื ืืืืชืื ืืื ืืื ืื ืคืืื ืืืืื ืื ืืื ืืฉืชืงืื ืืื ืชืงืข ืืื ืืืจืื ื ืืืืืื ื ืืืื
The Gemara relates: แธคanan the wicked slapped a certain man. He then came before Rav Huna for judgment. Rav Huna said to him: Go give him a half-dinar, which is the fine imposed for such an act. แธคanan the wicked had a clipped dinar, and wanted to give him a half-dinar from it, but there was no one who wanted to take it from him to give him smaller coins for it. แธคanan the wicked then gave him another slap, rendering himself liable to pay an additional fine of half a dinar, and gave him the clipped dinar as payment.
ืืชื ืืณ ืฉืืจ ืฉืืื ืืืขื ืืืื ื ืืืื ื ืืืขื ืืฉืืื ื ืืื ื ืืืขื ืืืื ืืืื ื ืืืขื ืืืืื ืืืขื ืืงืื ืื ืืืื ื ืืืขื ืืืืืืื ืืช ืฉืืื ืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื ืืฉืื ืืฆื ื ืืง
MISHNA: With regard to an ox that is forewarned with regard to its own species, as it already gored other oxen three times, but is not forewarned with regard to other species; or an ox that is forewarned with regard to people, but is not forewarned with regard to animals; or one that is forewarned with regard to small specimens of a species, but is not forewarned with regard to large specimens of that species; in all these cases, if the ox gores the type of animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage.
ืืืจื ืืคื ื ืจืื ืืืืื ืืจื ืื ืืืขื ืืฉืืชืืช ืืืื ื ืืืขื ืืืื ืืืจ ืืื ืืฉืืชืืช ืืฉืื ื ืืง ืฉืื ืืืืืช ืืืื ืืฉืื ืืฆื ื ืืง
The Sages said before Rabbi Yehuda: What would be the halakha if this ox is forewarned with regard to Shabbatot but is not forewarned with regard to weekdays? He said to them: For damage it causes on Shabbatot its owner pays the full cost of the damage, and for damage it causes on weekdays, he pays half the cost of the damage.
ืืืืชื ืืื ืชื ืืฉืืืืืจ ืื ืฉืืฉื ืืื ืฉืืชืืช
When is it rendered innocuous again after being forewarned with regard to Shabbat? It reverts to its innocuous status when its behavior reverts to normal, i.e., when it refrains from goring for three days of Shabbat, i.e., Shabbat in three successive weeks.
ืืืณ ืืืชืืจ ืจื ืืืื ืืืจ ืืืื ื ืืืขื ืชื ื ืจื ืคืคื ืืืจ ืืื ื ืืืขื ืชื ื
GEMARA: It was stated that Rav Zevid said: The version of the mishna that we learned states: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, referring to an ox that is proven to be innocuous with regard to other species, if it gores another species, its owner pays only half the cost of the damage. Rav Pappa said: The version of the mishna that we learned states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species. Accordingly, the mishna is teaching that the fact that it is forewarned with regard to goring one species does not render it forewarned with regard to goring other species, until it is proven otherwise.
ืจื ืืืื ืืืจ ืืืื ื ืืืขื ืชื ื ืื ืกืชืื ืืื ืืืขื ืจื ืคืคื ืืืจ ืืื ื ืืืขื ืชื ื ืืกืชืื ืื ืืื ืืืขื
The Gemara explains: Rav Zevid said that the version of the mishna that we learned states: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that it is referring specifically to an ox that is proven to be innocuous with regard to other species. This implies that in an ordinary case, where there is no such proof, the ox is considered forewarned with regard to all species. Rav Pappa, by contrast, said that the version of the mishna that we learned states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, meaning that in an ordinary case, the ox is not considered forewarned with regard to other species.
ืจื ืืืื ืืืืง ืืกืืคื ืจื ืคืคื ืืืืง ืืจืืฉื
Rav Zevid inferred his opinion from the latter clause of the mishna, whereas Rav Pappa inferred his opinion from the former clause.
ืจื ืืืื ืืืืง ืืกืืคื ืืงืชื ื ืืืขื ืืงืื ืื ืืืื ื ืืืขื ืืืืืืื ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืื ืกืชืืื ืืื ืืืขื ืื ืงื ืืฉืืข ืื ืืืคืืื ืืงืื ืื ืืืืืืื ื ืื ืืกืชืื ืืื ืืืขื
Rav Zevid inferred his opinion from the latter clause, as it teaches: An ox that is forewarned with regard to small specimens of a species, but is not forewarned with regard to large specimens of that species. Granted, if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that in an ordinary case the ox is considered forewarned with regard to all animals, this clause of the mishna teaches us that even from being forewarned with regard to small specimens of a species, in an ordinary case the ox is thereby considered forewarned with regard to large specimens of that species, which is a more far-reaching statement, as an ox is less likely to gore large animals.
ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืกืชืื ืื ืืื ืืืขื
But if you say that the mishna teaches: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, meaning that in an ordinary case, where there is no proof to the contrary, the ox is not considered forewarned with regard to other species, there is a difficulty with the latter clause of the mishna.
ืืฉืชื ืืฉ ืืืืจ ืืงืื ืื ืืงืื ืื ืืขืืื ืกืชืื ืื ืืื ืืืขื ืืงืื ืื ืืืืืืื ืฆืจืืื ืืืืืจ ืืื ืืื ืืืขื
The Gemara explains: Now that it can be said that from being forewarned with regard to small oxen, in an ordinary case, the ox is not thereby considered forewarned with regard to small animals in general, need it be said that from being forewarned with regard to small specimens of a species it is not thereby considered forewarned with regard to large specimens of that species? It must be that the mishna reads: But is not forewarned, indicating that only when the ox is proven to be innocuous with regard to other species and then it gores another species is its owner liable to pay only half the cost of the damage. Otherwise, he must pay the full cost of the damage.
ืืจื ืคืคื ืืืจ ืื ืืฆืืจืื ืกืืงื ืืขืชืื ืืืื ื ืืืืื ืืคืจืฅ ืืื ืืืืื ืืื ื ืคืจืฅ ืืื ืื ืฉื ื ืืืืืื ืืืืื ืืื ืฉื ื ืงืื ืื ืืืืื ืงื ืืฉืืข ืื ืืื ืืื ืืืขื
And Rav Pappa could have said to you in response that even if the mishna reads: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, the latter clause is necessary, as otherwise it might enter your mind to say that since it breached the norm by attacking one of that species, it is considered to have breached the norm entirely with regard to that species, and there is no difference with regard to large members of the species and there is no difference with regard to small members of it, as the ox is now likely to gore any of them. Therefore, this clause of the mishna teaches us that it is not considered forewarned with regard to the large animals of that species.
ืจื ืคืคื ืืืืง ืืจืืฉื ืืงืชื ื ืืืขื ืืืื ืืื ื ืืืขื ืืืืื ืื ืืืจืช ืืฉืืื ืืื ื ืืืขื ืชื ื ืกืชืื ืื ืืื ืืืขื ืื ืงื ืืฉืืข ืื ืืืคืืื ืืืื ืืืืื ื ืื ืกืชืื ืื ืืื ืืืขื
As stated previously, Rav Pappa inferred his opinion from the former clause of the mishna. As the mishna teaches: An ox that is forewarned with regard to people is not forewarned with regard to animals. Granted, if you say that we learned that the mishna states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, which would indicate that in an ordinary case, where there is no proof to the contrary, it is not considered forewarned with regard to other species, then the mishna, in the next clause, teaches us this, that even from being forewarned with regard to people, in an ordinary case, the ox is not considered forewarned with regard to animals. The ox is considered innocuous with regard to animals, although it is more common for an ox to gore an animal than a person.
ืืื ืื ืืืจืช ืืืื ื ืืืขื ืงืชื ื ืื ืกืชืื ืืื ืืืขื ืืฉืชื ืืฉ ืืืืจ ืืืืื ืืืืื ืกืชืื ืืื ืืืขื ืืืื ืืืืื ืฆืจืืื ืืืืืจ ืืืื ืืืขื
But if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that in an ordinary case it is considered forewarned with regard to other species, then there is a difficulty with the following clause of the mishna. Now that it can be said that even from being forewarned with regard to one species of animal, in an ordinary case, it is thereby considered forewarned with regard to other species of animals, need it be said that from its being forewarned with regard to people it is also considered forewarned with regard to animals?
ืืจื ืืืื ืืืจ ืื ืจืืฉื ืืืืจื ืงืื ืืืื ืืืื ืืืขื ืืืื ืืืืขื ืืืืื ืืืืจ ืืื ืืืืื ืืงืื ืืื ืืืื ืชืืชื ืืืื ื ืืื ื ืื ืืื ืืชืืื ืืืื ืืื ืืืจ ืืื ืืืื ืืืจื ืืืืื ืืื ืืืจื ืืื ืงื ืืฉืืข ืื ืืืืจื ืืืืื ืืืื ืืืจื ืืื
And Rav Zevid could have said to you in response: The former clause in the mishna relates to the ox reverting to its innocuous status, i.e., a case where the ox was forewarned with regard to man and forewarned with regard to animals, and reverted to its innocuous status with regard to animals, as it stood in close proximity to an animal three times and did not gore. Lest you say that since it did not demonstratively revert to its innocuous behavior toward people, as it did not refrain from goring people, its reversal with regard to animals is not considered a reversal, the mishna teaches us that its reversal with regard to animals is nevertheless considered a reversal, and it no longer has the status of a forewarned ox with regard to goring animals.
ืืืชืืื ืกืืืืืก ืืืืจ ืืืขื ืืืื ืืืขื ืืืืื ืืงื ืืืืืจ ืืื ืืืื ืืืขื ืืืืื ืื ืื ืฉืื ืืืื ืืชื ื ืงืื ืืื ื ืืืขื ืงืืืจ
The Gemara raises an objection to Rav Zevidโs opinion from a baraita: Sumakhos says: An ox that is forewarned with regard to people is considered forewarned with regard to animals, due to an a fortiori inference: If it is forewarned with regard to people, is it not clear all the more so that it is forewarned with regard to animals? The Gemara elaborates: By inference, the first tanna, i.e., the tanna of the mishna, is saying that the ox is not considered forewarned with regard to animals, in accordance with the opinion of Rav Pappa.
ืืืจ ืื ืจื ืืืื ืกืืืืืก ืืืืจื ืงืื ืืืื ืงืืืจ ืืื ืืชื ื ืงืื ืืงืืืจืช ืืืจื ืืืืื ืืืจื ืืื ืืืจื ืืืืื ืืื ืืืจื ืืื ืืงื ืืืืืจ ืืืื ืืื ืืืื ืื ืงื ืืืืจ ืืื ืืืืื ืื ืื ืฉืื
The Gemara answers: Rav Zevid could have said to you that Sumakhosโs statement can be interpreted as relating to the ox reverting to its innocuous status, and this is what he is saying to the first tanna: Contrary to what you are saying, that the oxโs reversal with regard to animals is considered a reversal although it has not yet reversed its behavior toward people, I maintain that its reversal with regard to animals is not considered a reversal, due to an a fortiori inference from the halakha of an animal forewarned with regard to people: If the ox has not reverted to its innocuous behavior toward people, is it not clear all the more so that it has not truly reverted to its innocuous behavior toward animals?
ืืืจ ืจื ืืฉื ืชื ืฉืืข ืืืจื ืืคื ื ืจืื ืืืืื ืืจื ืื ืืืขื ืืฉืืชืืช ืืืื ื ืืืขื ืืืืืช ืืืื ืืืจ ืืื ืืฉืืชืืช ืืฉืื ื ืืง ืฉืื ืืืืืช ืืืื ืืฉืื ืืฆื ื ืืง
Rav Ashi said: Come and hear a proof for Rav Zevidโs opinion from the mishna: The Sages said before Rabbi Yehuda: What would be the halakha if this ox is forewarned with regard to Shabbatot but is not forewarned with regard to weekdays? He said to them: For damage it causes on Shabbatot its owner pays the full cost of the damage, and for damage it causes on weekdays, he pays half the cost of the damage.
ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืฉืืืื ืืื ืืงื ืืฉืืืื [ืืื] ืืืื ื ืื ืงืืืืจ ืืื ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืืืืืจื ืืื ืืงื ืืืืจื ืืื ืืชื ืืืื ืืื ืงื ืืืืจ ืืื
Granted, if you say that the mishna teaches: But was not forewarned with regard to weekdays, they were asking him about the halakha in that case, and likewise, he was answering them with a ruling. But if you say that it teaches: This ox that is forewarned with regard to Shabbatot is not forewarned with regard to weekdays, the mishna would be understood as saying that an ox that is forewarned with regard to Shabbat is not considered forewarned with regard to weekdays. Is it possible that the Sages were teaching him this halakha? And furthermore, what was he responding to them? They had already stated themselves that the ox is not considered forewarned with regard to weekdays.
ืืืจ ืจื ืื ืื ืืจืืฉื ื ืื ืืืงื ืืงืชื ื ืืช ืฉืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื [ืืฉืื] ืืฆื ื ืืง
Rav Yannai said: Rav Zevidโs opinion can be inferred from the former clause of the mishna as well, as it teaches: If the ox gores an animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage.
ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืคืจืืฉื ืงื ืืคืจืฉ ืื
Granted, if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, this clause is explaining the halakha in that case, i.e., if the ox is forewarned only with regard to its species, its owner is liable to pay the full cost of the damage only if it gores another ox.
ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืคืกืงื ืืื ืชื ืืช ืฉืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื ืืฉืื ืืฆื ื ืืง ืขื ืืฉืชื ืื ืืฉืืขืื ื ืืืชื ืืฉืื ืืฆื ื ืืง ืืืืขื ืืฉืื ื ืืง ืฉืื
But if you say that the mishna teaches: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, and the halakha was already determined at the beginning of the mishna, namely, that the ox is not considered forewarned with regard to other species, then what need is there for the mishna to further state: If the ox gores an animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage? Has the mishna not taught us until now that for an innocuous ox its owner pays half the cost of the damage and for a forewarned ox he pays the full cost of the damage?
ืืื ืชืืืฆื ืืืืจ ื ืื ืืืชื ืืืจื ืคืคื ื ืื ืฉืืจ ืืืืจ ืืืื ื ืขืฉื ืืืขื ืืื
The Gemara comments: And even if you say that Rav Pappaโs opinion, which says that an ox that is forewarned with regard to its own species is not considered forewarned with regard to other species, is accepted, nevertheless, if an ox gored an ox, a donkey, and a camel, it is thereby rendered forewarned with regard to all of them. The ox is rendered forewarned with regard to all three species, regardless of the fact that it did not gore each individual species three times.
ืชื ื ืจืื ื ืจืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ื ืขืฉื ืืืขื ืืกืืจืืืื ืืฉืืืจืื
ยง The Sages taught: If an ox saw an ox and gored it, and subsequently saw another ox but did not gore it, again saw an ox and gored it and then saw an ox but did not gore it, and a third time saw an ox and gored it and saw an ox and did not gore it, in this case it is rendered forewarned with regard to alternate oxen. The ox is considered forewarned with regard to goring every other ox that it sees and is considered innocuous with regard to the oxen in between. If it then gores two oxen in a row, the owner of the ox is liable for only half the cost of the damage for the second ox.
ืชื ื ืจืื ื ืจืื ืฉืืจ ื ืื ืืืืจ ืื ื ืื ืกืืก ื ืื ืืื ืื ื ืื ืคืจื ื ืื ืขืจืื ืื ื ืื ื ืขืฉื ืืืขื ืืกืืจืืืื ืืื
The Sages taught: If an ox saw an ox and gored it, and then saw a donkey but did not gore it, and saw a horse and gored it, then saw a camel and did not gore it, and saw a mule and gored it, and then saw a wild donkey [arod] and did not gore it, in this case it is rendered forewarned with regard to alternate animals of all species.
ืืืืขืื ืืื ื ืื
A dilemma was raised before the Sages: If an ox gored
ืฉืืจ ืฉืืจ ืืฉืืจ ืืืืจ ืืืื ืืื
an ox, another ox, and a third ox, and then a donkey and a camel, with regard to what is it considered forewarned?
ืืื ืฉืืจ ืืชืจื ืืชืจ ืฉืืืจืื ืฉืืื ื ืืื ืืืืชื ืืฉืืืจืื ืืื ืืืืืขื ืืืืื ืืืจืื ื ืื ืืืืขื ืื ืืืืื ืืื ืฉืืจ ืืชืจื ืืชืจ ืืืืจ ืืืื ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืืื ืืื ื
The Gemara presents the possibilities: With regard to this last ox that was gored together with the donkey and the camel, do we place it together with the previously gored oxen, and accordingly the belligerent ox was still rendered forewarned only with regard to oxen, whereas with regard to other species it was not rendered forewarned? Or perhaps we place this last ox together with the donkey and the camel, and it was rendered forewarned with regard to all of the species it gored.
ืืืืจ ืืืื ืฉืืจ ืฉืืจ ืืฉืืจ ืืื ืืื ืฉืืจ ืงืื ืืชืจ ืืืืจ ืืืื ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืืื ืืื ื ืื ืืืืื ืืชืจ ืฉืืืจืื ืฉืืื ื ืืื ืืืืชื ืืฉืืืจืื ืืื ืืืืืขื ืืืื ื ืืืจืื ื ืื ืืืืขื
The Gemara adds a similar dilemma: If an ox gored a donkey and a camel, and then an ox, an ox, and another ox, what is the halakha? The Gemara presents the possibilities: With regard to this first ox that it gored, do we place it together with the camel and donkey, and the belligerent ox was accordingly rendered forewarned with regard to all species? Or perhaps we place it together with the two oxen that it gored afterward, and accordingly, it was still rendered forewarned only with regard to oxen, whereas it was not rendered forewarned with regard to other species.
ืฉืืช ืฉืืช ืืฉืืช ืืื ืืฉืืช ืืฉื ื ืืฉืืช ืืื ืื ืฉืืช ืืชืจืืืชื ืืชืจ ืฉืืช ืืื ืืฉืืื ื ืืื ืืืืชื ืืฉืืช ืืื ืืืืืขื ืืืืืช ืืืื ืื ืืืืขื ืื ืืืืื ืืชืจ ืืื ืืฉืืช ืืฉื ื ืืฉืืช ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืื ืืืื
Similarly, if it gored on Shabbat, on Shabbat, and on Shabbat, i.e., on three consecutive Shabbatot, and then on Sunday and on Monday, what is the halakha? With regard to this last Shabbat, do we place it together with the previous Shabbat, and the ox was still rendered forewarned only with regard to Shabbat, whereas with regard to weekdays it was not rendered forewarned? Or perhaps we place it together with the goring on Sunday and Monday, and it was thereby rendered forewarned with regard to all days of the week.
ืืืืฉื ืืฉืืช ืืขืจื ืฉืืช ืืฉืืช ืฉืืช ืืฉืืช ืืื ืื ืฉืืช ืงืืืืชื ืืชืจ ืืืืฉื ืืฉืืช ืืขืจื ืฉืืช ืฉืืื ื ืืื ืืืืืขื ืืืืืื ืืืื ืื ืืืืื ืื ืฉืืช ืงืืืืชื ืืชืจ ืฉืืชืืช ืืื ืืฉืืื ื ืืื ืืืฉืืชืืช ืืื ืืืืืขื
If an ox gored on Thursday, and Friday, and Shabbat, and then the next Shabbat and the next Shabbat after that, what is the halakha? With regard to this first Shabbat, do we place it together with Thursday and Friday, and thereby hold that the ox was rendered forewarned with regard to all days of the week? Or perhaps we place this first Shabbat together with the other Shabbatot, and the ox is rendered forewarned only with regard to Shabbatot?
ืชืืงื
These dilemmas shall stand unresolved.
ื ืื ืฉืืจ ืืื ืืืฉื ืขืฉืจ ืืืืืฉ ืื ืืืื ืฉืฉื ืขืฉืจ ืืืืืฉ ืื ืืืื ืฉืืขื ืขืฉืจ ืืืืืฉ ืื ืคืืืืชื ืืจื ืืฉืืืื
ยง If an ox gored on the fifteenth day of this month, and subsequently gored on the sixteenth day of the month after that, and then on the seventeenth day of the month after that, the halakha is subject to a dispute between Rav and Shmuel with regard to a parallel discussion concerning a woman whose menstrual cycle begins on a different day each month.
ืืืชืืจ ืจืืชื ืืื ืืืฉื ืขืฉืจ ืืืืฉ ืื ืืืื ืฉืฉื ืขืฉืจ ืืืืฉ ืื ืืืื ืฉืืขื ืขืฉืจ ืืืืฉ ืื ืจื ืืืจ ืงืืขื ืื ืืกืช ืืฉืืืื ืืืจ ืขื ืฉืชืฉืืฉ ืืืืืื
As it was stated: If a woman saw menstrual blood on the fifteenth day of this month, and on the sixteenth day of the month after that, and on the seventeenth day of the month after that, Rav says: She has thereby established her menstrual cycle [veset], i.e., a month and one day. And Shmuel says: Her menstrual cycle is not established until she skips a day three times. According to Shmuel, the cycle is established in this case not by the date per se, but rather by the pattern of one additional day every month. Only when this occurs for three consecutive months, i.e., when she menstruates in the fourth month, is this pattern established.
ืืืจ ืจืื ืฉืืข ืงืื ืฉืืคืจ ืื ืื ืงืื ืฉืืคืจ ืื ืื ืงืื ืฉืืคืจ ืื ืื ื ืขืฉื ืืืขื ืืฉืืคืจืืช
ยง Rava said: If an ox heard the sound of a shofar and gored, and again heard the sound of a shofar and gored, and a third time heard the sound of a shofar and gored, it is rendered forewarned with regard to the sound of shofarot.
ืคืฉืืื ืืื ืืชืืื ืื ืฉืืคืจ ืงืื ืกืืืื ืืขืืื ืืื ืื ืงืืื ืงื ืืฉืืข ืื
The Gemara asks: Isnโt this obvious? The Gemara answers: Lest you say that this first shofar merely startled [siyyuta] the ox, prompting it to gore, and that consequently it should not count for the purpose of rendering the ox forewarned, Rava teaches us that since the ox repeatedly gored upon hearing the sound of a shofar, this sound is considered a consistent impetus for its goring.
ืืชื ืืณ ืฉืืจ ืฉื ืืฉืจืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืฉื ืืงืืฉ ืฉื ืื ืืฉืืจ ืฉื ืืืืื ืคืืืจ ืฉื ืืืจ ืฉืืจ ืจืขืื ืืื ืฉืืจ ืฉื ืืงืืฉ
MISHNA: With regard to an ox of a Jew that gored a consecrated ox, and conversely, a consecrated ox that gored a non-sacred ox, i.e., an ox owned by a Jew, the owner of the ox is exempt from paying compensation, as it is stated: โAnd if one manโs ox hurts the ox of anotherโ (Exodus 21:35). It is derived from the phrase โthe ox of anotherโ that one is liable only if it is a non-sacred ox, but not if it is a consecrated ox, which belongs to the Temple treasury, regardless of whether the latter was the ox that gored or the ox that was gored.
ืฉืืจ ืฉื ืืฉืจืื ืฉื ืื ืืฉืืจ ืฉื ืืื ืคืืืจ ืืฉื ืืื ืฉื ืื ืืฉืืจ ืฉื ืืฉืจืื ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
With regard to an ox of a Jew that gored the ox of a gentile, the owner of the belligerent ox is exempt from liability. But with regard to an ox of a gentile that gored the ox of a Jew, regardless of whether the goring ox was innocuous or forewarned, the owner of the ox pays the full cost of the damage.
ืืืณ ืืชื ืืชืื ืืื ืืจืื ืฉืืขืื ืื ืื ืกืื ืืชื ืื ืฉืืจ ืฉื ืืืืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืฉื ืืงืืฉ ืฉื ืื ืฉืืจ ืฉื ืืืืื ืคืืืจ ืฉื ืืืจ ืฉืืจ ืจืขืื ืืื ืฉืืจ ืฉื ืืงืืฉ ืจืื ืฉืืขืื ืื ืื ืกืื ืืืืจ ืฉืืจ ืฉื ืืงืืฉ ืฉื ืื ืฉืืจ ืฉื ืืืืื ืคืืืจ ืืฉื ืืืืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
GEMARA: The mishna is not in accordance with the opinion of Rabbi Shimon ben Menasya, as it is taught in a baraita: With regard to a non-sacred ox that gored a consecrated ox, or a consecrated ox that gored a non-sacred ox, the owner of the ox is exempt from liability, as it is stated: โThe ox of another,โ indicating: But not a consecrated ox. Rabbi Shimon ben Menasya says: With regard to a consecrated ox that gored a non-sacred ox, the Temple treasury is exempt from liability; but with regard to a non-sacred ox that gored a consecrated ox, whether it was innocuous or forewarned, the owner pays the full cost of the damage.
ืืืจื ืืื ืงื ืกืืจ ืจืื ืฉืืขืื ืื ืจืขืื ืืืงื ืืคืืื ืฉื ืืืืื ืฉื ืื ืฉื ืืงืืฉ ืืืคืืจ ืืื ืจืขืื ืืื ืืืงื ืืคืืื ืืืงืืฉ ื ืื ืื ื ืื ืืืืืื ืืืืืื
The Sages said: What does Rabbi Shimon ben Menasya hold? Why does he distinguish between a consecrated ox that gored a non-sacred ox and a non-sacred ox that gored a consecrated ox? If the phrase โof anotherโ is meant in a precise manner, then even with regard to a non-sacred ox that gored a consecrated ox the owner of the belligerant ox should be exempt from liability, as the victim is not the ox of another, but belongs to the Temple treasury. And if the phrase โof anotherโ is not meant in a precise manner, but rather, includes all oxen, then a consecrated ox that gored a non-sacred ox should render the Temple treasury liable as well.
ืืื ืชืืื ืืขืืื ืงืกืืจ ืจืขืื ืืืงื ืืืืื ืืืืืื ืื ื ืื ืืืงืืฉ ืืืื ื ืืขืื ืืืืืืื ืืฉืื ืืงื ืืืืชื ืืื ืืงื ืืืืืจ ืืืืืื ืืื ืืืืื ืฉื ืื ืฉื ืืืืื ืืืื ืื ื ืื ืืืงืืฉ ืื ืื ืฉืื ืืืืืืื
And if you would say that actually Rabbi Shimon ben Menasya holds that โof anotherโ is meant in a precise manner, and accordingly, if a consecrated ox gores a non-sacred ox the Temple treasury is exempt from liability; but nevertheless, when a non-sacred ox gores a consecrated ox, this is the reason its owner is liable: Because Rabbi Shimon ben Menasya infers it a fortiori from the case of a non-sacred ox, as follows: If in the case of a non-sacred ox that gores another non-sacred ox the owner of the belligerent ox is liable, is it not clear all the more so that when it gores a consecrated ox the owner of the ox is liable?
ืืื ืืื ืื ืืืื ืืืืืช ืื ืืื ืื ืืืื ืชื ืืฆื ื ืืง ืืื ื ืื ืืฆื ื ืืง
If this is Rabbi Shimon ben Menasyaโs reasoning, then his ruling that the owner of the ox pays the Temple treasury the full cost of the damage, whether his ox was innocuous or forewarned, is problematic, as it is sufficient for the conclusion that emerges from an a fortiori inference to be like its source. In other words, a halakha derived by means of an a fortiori inference cannot be more stringent than the halakha of the source from which it is derived. Therefore, just as there, in a case where an individualโs innocuous non-sacred ox gores another non-sacred ox, the owner pays only half the cost of the damage, here too, if an innocuous non-sacred ox gores a consecrated ox, its owner should be liable to pay only half the cost of the damage.
ืืื ืืืจ ืจืืฉ ืืงืืฉ ืืื ืืื ืืืื ื ืืง ืฉืื ืืฉืคืจื ืื ืืืชืื ืจืขืื ืืื ืชื ืจืขืื ืืื ืืชื ืืฉืื ืืฆื ื ืืง ืืืื ืืืงืืฉ ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
Rather, Reish Lakish said that Rabbi Shimon ben Menasyaโs reasoning is as follows: In principle, all cases of damage were included among those in which the owner pays the full cost of the damage. The halakha that in a case of an innocuous ox the owner pays only half the cost of the damage is an exception to the rule, and when the verse specified the term โof anotherโ with regard to an innocuous ox, it intended that it is specifically when oneโs innocuous ox gores the ox of another that the owner pays only half the cost of the damage. And by inference, if it gores a consecrated ox, whether the belligerent ox is innocuous or forewarned its owner pays the full cost of the damage.
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This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
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Bava Kamma 37
The William Davidson Talmud | Powered by Sefaria
ืืื ื ืฆืจืืืื ืคืจืืืืื
do not require a document that prevents the Sabbatical Year from abrogating an outstanding debt [prosbol] by transferring the right of collection to the court. The reason that orphans do not require this document is because the court is legally considered to be their steward, and their debts are therefore transferred to the court automatically, even without a prosbol.
ืืื ืชื ื ืจืื ืืจ ืืื ืืืชืืืื ืืื ื ืฆืจืืืื ืคืจืืืืื ืจืื ืืืืืื ืืืืช ืืื ื ืืืืื ืฉื ืืชืืืื ืืื
Similarly, Rami bar แธคama taught: Orphans do not require a prosbol, as Rabban Gamliel and his court were tantamount to the fathers of orphans, as they were vigilant to collect all of the debts owed to orphans. Subsequently, the courts in every generation have this status.
ืื ื ืืืฉื ืชืงืข ืืื ืืืืื ืืืจื ืืชื ืืงืืื ืืจื ืืื ื ืืืจ ืืื ืืื ืื ืืื ืคืืื ืืืืื ืืื ืืื ืืืื ืืื ืืขื ืืืืชืื ืืื ืืื ืื ืคืืื ืืืืื ืื ืืื ืืฉืชืงืื ืืื ืชืงืข ืืื ืืืจืื ื ืืืืืื ื ืืืื
The Gemara relates: แธคanan the wicked slapped a certain man. He then came before Rav Huna for judgment. Rav Huna said to him: Go give him a half-dinar, which is the fine imposed for such an act. แธคanan the wicked had a clipped dinar, and wanted to give him a half-dinar from it, but there was no one who wanted to take it from him to give him smaller coins for it. แธคanan the wicked then gave him another slap, rendering himself liable to pay an additional fine of half a dinar, and gave him the clipped dinar as payment.
ืืชื ืืณ ืฉืืจ ืฉืืื ืืืขื ืืืื ื ืืืื ื ืืืขื ืืฉืืื ื ืืื ื ืืืขื ืืืื ืืืื ื ืืืขื ืืืืื ืืืขื ืืงืื ืื ืืืื ื ืืืขื ืืืืืืื ืืช ืฉืืื ืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื ืืฉืื ืืฆื ื ืืง
MISHNA: With regard to an ox that is forewarned with regard to its own species, as it already gored other oxen three times, but is not forewarned with regard to other species; or an ox that is forewarned with regard to people, but is not forewarned with regard to animals; or one that is forewarned with regard to small specimens of a species, but is not forewarned with regard to large specimens of that species; in all these cases, if the ox gores the type of animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage.
ืืืจื ืืคื ื ืจืื ืืืืื ืืจื ืื ืืืขื ืืฉืืชืืช ืืืื ื ืืืขื ืืืื ืืืจ ืืื ืืฉืืชืืช ืืฉืื ื ืืง ืฉืื ืืืืืช ืืืื ืืฉืื ืืฆื ื ืืง
The Sages said before Rabbi Yehuda: What would be the halakha if this ox is forewarned with regard to Shabbatot but is not forewarned with regard to weekdays? He said to them: For damage it causes on Shabbatot its owner pays the full cost of the damage, and for damage it causes on weekdays, he pays half the cost of the damage.
ืืืืชื ืืื ืชื ืืฉืืืืืจ ืื ืฉืืฉื ืืื ืฉืืชืืช
When is it rendered innocuous again after being forewarned with regard to Shabbat? It reverts to its innocuous status when its behavior reverts to normal, i.e., when it refrains from goring for three days of Shabbat, i.e., Shabbat in three successive weeks.
ืืืณ ืืืชืืจ ืจื ืืืื ืืืจ ืืืื ื ืืืขื ืชื ื ืจื ืคืคื ืืืจ ืืื ื ืืืขื ืชื ื
GEMARA: It was stated that Rav Zevid said: The version of the mishna that we learned states: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, referring to an ox that is proven to be innocuous with regard to other species, if it gores another species, its owner pays only half the cost of the damage. Rav Pappa said: The version of the mishna that we learned states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species. Accordingly, the mishna is teaching that the fact that it is forewarned with regard to goring one species does not render it forewarned with regard to goring other species, until it is proven otherwise.
ืจื ืืืื ืืืจ ืืืื ื ืืืขื ืชื ื ืื ืกืชืื ืืื ืืืขื ืจื ืคืคื ืืืจ ืืื ื ืืืขื ืชื ื ืืกืชืื ืื ืืื ืืืขื
The Gemara explains: Rav Zevid said that the version of the mishna that we learned states: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that it is referring specifically to an ox that is proven to be innocuous with regard to other species. This implies that in an ordinary case, where there is no such proof, the ox is considered forewarned with regard to all species. Rav Pappa, by contrast, said that the version of the mishna that we learned states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, meaning that in an ordinary case, the ox is not considered forewarned with regard to other species.
ืจื ืืืื ืืืืง ืืกืืคื ืจื ืคืคื ืืืืง ืืจืืฉื
Rav Zevid inferred his opinion from the latter clause of the mishna, whereas Rav Pappa inferred his opinion from the former clause.
ืจื ืืืื ืืืืง ืืกืืคื ืืงืชื ื ืืืขื ืืงืื ืื ืืืื ื ืืืขื ืืืืืืื ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืื ืกืชืืื ืืื ืืืขื ืื ืงื ืืฉืืข ืื ืืืคืืื ืืงืื ืื ืืืืืืื ื ืื ืืกืชืื ืืื ืืืขื
Rav Zevid inferred his opinion from the latter clause, as it teaches: An ox that is forewarned with regard to small specimens of a species, but is not forewarned with regard to large specimens of that species. Granted, if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that in an ordinary case the ox is considered forewarned with regard to all animals, this clause of the mishna teaches us that even from being forewarned with regard to small specimens of a species, in an ordinary case the ox is thereby considered forewarned with regard to large specimens of that species, which is a more far-reaching statement, as an ox is less likely to gore large animals.
ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืกืชืื ืื ืืื ืืืขื
But if you say that the mishna teaches: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, meaning that in an ordinary case, where there is no proof to the contrary, the ox is not considered forewarned with regard to other species, there is a difficulty with the latter clause of the mishna.
ืืฉืชื ืืฉ ืืืืจ ืืงืื ืื ืืงืื ืื ืืขืืื ืกืชืื ืื ืืื ืืืขื ืืงืื ืื ืืืืืืื ืฆืจืืื ืืืืืจ ืืื ืืื ืืืขื
The Gemara explains: Now that it can be said that from being forewarned with regard to small oxen, in an ordinary case, the ox is not thereby considered forewarned with regard to small animals in general, need it be said that from being forewarned with regard to small specimens of a species it is not thereby considered forewarned with regard to large specimens of that species? It must be that the mishna reads: But is not forewarned, indicating that only when the ox is proven to be innocuous with regard to other species and then it gores another species is its owner liable to pay only half the cost of the damage. Otherwise, he must pay the full cost of the damage.
ืืจื ืคืคื ืืืจ ืื ืืฆืืจืื ืกืืงื ืืขืชืื ืืืื ื ืืืืื ืืคืจืฅ ืืื ืืืืื ืืื ื ืคืจืฅ ืืื ืื ืฉื ื ืืืืืื ืืืืื ืืื ืฉื ื ืงืื ืื ืืืืื ืงื ืืฉืืข ืื ืืื ืืื ืืืขื
And Rav Pappa could have said to you in response that even if the mishna reads: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, the latter clause is necessary, as otherwise it might enter your mind to say that since it breached the norm by attacking one of that species, it is considered to have breached the norm entirely with regard to that species, and there is no difference with regard to large members of the species and there is no difference with regard to small members of it, as the ox is now likely to gore any of them. Therefore, this clause of the mishna teaches us that it is not considered forewarned with regard to the large animals of that species.
ืจื ืคืคื ืืืืง ืืจืืฉื ืืงืชื ื ืืืขื ืืืื ืืื ื ืืืขื ืืืืื ืื ืืืจืช ืืฉืืื ืืื ื ืืืขื ืชื ื ืกืชืื ืื ืืื ืืืขื ืื ืงื ืืฉืืข ืื ืืืคืืื ืืืื ืืืืื ื ืื ืกืชืื ืื ืืื ืืืขื
As stated previously, Rav Pappa inferred his opinion from the former clause of the mishna. As the mishna teaches: An ox that is forewarned with regard to people is not forewarned with regard to animals. Granted, if you say that we learned that the mishna states: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, which would indicate that in an ordinary case, where there is no proof to the contrary, it is not considered forewarned with regard to other species, then the mishna, in the next clause, teaches us this, that even from being forewarned with regard to people, in an ordinary case, the ox is not considered forewarned with regard to animals. The ox is considered innocuous with regard to animals, although it is more common for an ox to gore an animal than a person.
ืืื ืื ืืืจืช ืืืื ื ืืืขื ืงืชื ื ืื ืกืชืื ืืื ืืืขื ืืฉืชื ืืฉ ืืืืจ ืืืืื ืืืืื ืกืชืื ืืื ืืืขื ืืืื ืืืืื ืฆืจืืื ืืืืืจ ืืืื ืืืขื
But if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, indicating that in an ordinary case it is considered forewarned with regard to other species, then there is a difficulty with the following clause of the mishna. Now that it can be said that even from being forewarned with regard to one species of animal, in an ordinary case, it is thereby considered forewarned with regard to other species of animals, need it be said that from its being forewarned with regard to people it is also considered forewarned with regard to animals?
ืืจื ืืืื ืืืจ ืื ืจืืฉื ืืืืจื ืงืื ืืืื ืืืื ืืืขื ืืืื ืืืืขื ืืืืื ืืืืจ ืืื ืืืืื ืืงืื ืืื ืืืื ืชืืชื ืืืื ื ืืื ื ืื ืืื ืืชืืื ืืืื ืืื ืืืจ ืืื ืืืื ืืืจื ืืืืื ืืื ืืืจื ืืื ืงื ืืฉืืข ืื ืืืืจื ืืืืื ืืืื ืืืจื ืืื
And Rav Zevid could have said to you in response: The former clause in the mishna relates to the ox reverting to its innocuous status, i.e., a case where the ox was forewarned with regard to man and forewarned with regard to animals, and reverted to its innocuous status with regard to animals, as it stood in close proximity to an animal three times and did not gore. Lest you say that since it did not demonstratively revert to its innocuous behavior toward people, as it did not refrain from goring people, its reversal with regard to animals is not considered a reversal, the mishna teaches us that its reversal with regard to animals is nevertheless considered a reversal, and it no longer has the status of a forewarned ox with regard to goring animals.
ืืืชืืื ืกืืืืืก ืืืืจ ืืืขื ืืืื ืืืขื ืืืืื ืืงื ืืืืืจ ืืื ืืืื ืืืขื ืืืืื ืื ืื ืฉืื ืืืื ืืชื ื ืงืื ืืื ื ืืืขื ืงืืืจ
The Gemara raises an objection to Rav Zevidโs opinion from a baraita: Sumakhos says: An ox that is forewarned with regard to people is considered forewarned with regard to animals, due to an a fortiori inference: If it is forewarned with regard to people, is it not clear all the more so that it is forewarned with regard to animals? The Gemara elaborates: By inference, the first tanna, i.e., the tanna of the mishna, is saying that the ox is not considered forewarned with regard to animals, in accordance with the opinion of Rav Pappa.
ืืืจ ืื ืจื ืืืื ืกืืืืืก ืืืืจื ืงืื ืืืื ืงืืืจ ืืื ืืชื ื ืงืื ืืงืืืจืช ืืืจื ืืืืื ืืืจื ืืื ืืืจื ืืืืื ืืื ืืืจื ืืื ืืงื ืืืืืจ ืืืื ืืื ืืืื ืื ืงื ืืืืจ ืืื ืืืืื ืื ืื ืฉืื
The Gemara answers: Rav Zevid could have said to you that Sumakhosโs statement can be interpreted as relating to the ox reverting to its innocuous status, and this is what he is saying to the first tanna: Contrary to what you are saying, that the oxโs reversal with regard to animals is considered a reversal although it has not yet reversed its behavior toward people, I maintain that its reversal with regard to animals is not considered a reversal, due to an a fortiori inference from the halakha of an animal forewarned with regard to people: If the ox has not reverted to its innocuous behavior toward people, is it not clear all the more so that it has not truly reverted to its innocuous behavior toward animals?
ืืืจ ืจื ืืฉื ืชื ืฉืืข ืืืจื ืืคื ื ืจืื ืืืืื ืืจื ืื ืืืขื ืืฉืืชืืช ืืืื ื ืืืขื ืืืืืช ืืืื ืืืจ ืืื ืืฉืืชืืช ืืฉืื ื ืืง ืฉืื ืืืืืช ืืืื ืืฉืื ืืฆื ื ืืง
Rav Ashi said: Come and hear a proof for Rav Zevidโs opinion from the mishna: The Sages said before Rabbi Yehuda: What would be the halakha if this ox is forewarned with regard to Shabbatot but is not forewarned with regard to weekdays? He said to them: For damage it causes on Shabbatot its owner pays the full cost of the damage, and for damage it causes on weekdays, he pays half the cost of the damage.
ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืฉืืืื ืืื ืืงื ืืฉืืืื [ืืื] ืืืื ื ืื ืงืืืืจ ืืื ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืืืืืจื ืืื ืืงื ืืืืจื ืืื ืืชื ืืืื ืืื ืงื ืืืืจ ืืื
Granted, if you say that the mishna teaches: But was not forewarned with regard to weekdays, they were asking him about the halakha in that case, and likewise, he was answering them with a ruling. But if you say that it teaches: This ox that is forewarned with regard to Shabbatot is not forewarned with regard to weekdays, the mishna would be understood as saying that an ox that is forewarned with regard to Shabbat is not considered forewarned with regard to weekdays. Is it possible that the Sages were teaching him this halakha? And furthermore, what was he responding to them? They had already stated themselves that the ox is not considered forewarned with regard to weekdays.
ืืืจ ืจื ืื ืื ืืจืืฉื ื ืื ืืืงื ืืงืชื ื ืืช ืฉืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื [ืืฉืื] ืืฆื ื ืืง
Rav Yannai said: Rav Zevidโs opinion can be inferred from the former clause of the mishna as well, as it teaches: If the ox gores an animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage.
ืื ืืืจืช ืืฉืืื ืืืื ื ืืืขื ืงืชื ื ืคืจืืฉื ืงื ืืคืจืฉ ืื
Granted, if you say that the mishna teaches in the first clause: With regard to an ox that is forewarned with regard to its own species but is not forewarned with regard to other species, this clause is explaining the halakha in that case, i.e., if the ox is forewarned only with regard to its species, its owner is liable to pay the full cost of the damage only if it gores another ox.
ืืื ืื ืืืจืช ืืื ื ืืืขื ืงืชื ื ืคืกืงื ืืื ืชื ืืช ืฉืืืขื ืื ืืฉืื ื ืืง ืฉืื ืืืช ืฉืืื ื ืืืขื ืื ืืฉืื ืืฆื ื ืืง ืขื ืืฉืชื ืื ืืฉืืขืื ื ืืืชื ืืฉืื ืืฆื ื ืืง ืืืืขื ืืฉืื ื ืืง ืฉืื
But if you say that the mishna teaches: An ox that is forewarned with regard to its own species is not forewarned with regard to other species, and the halakha was already determined at the beginning of the mishna, namely, that the ox is not considered forewarned with regard to other species, then what need is there for the mishna to further state: If the ox gores an animal or person with regard to which it is forewarned, its owner pays the full cost of the damage, and if it gores an animal or person with regard to which it is not forewarned, he pays half the cost of the damage? Has the mishna not taught us until now that for an innocuous ox its owner pays half the cost of the damage and for a forewarned ox he pays the full cost of the damage?
ืืื ืชืืืฆื ืืืืจ ื ืื ืืืชื ืืืจื ืคืคื ื ืื ืฉืืจ ืืืืจ ืืืื ื ืขืฉื ืืืขื ืืื
The Gemara comments: And even if you say that Rav Pappaโs opinion, which says that an ox that is forewarned with regard to its own species is not considered forewarned with regard to other species, is accepted, nevertheless, if an ox gored an ox, a donkey, and a camel, it is thereby rendered forewarned with regard to all of them. The ox is rendered forewarned with regard to all three species, regardless of the fact that it did not gore each individual species three times.
ืชื ื ืจืื ื ืจืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ืฉืืจ ื ืื ืฉืืจ ืื ื ืื ื ืขืฉื ืืืขื ืืกืืจืืืื ืืฉืืืจืื
ยง The Sages taught: If an ox saw an ox and gored it, and subsequently saw another ox but did not gore it, again saw an ox and gored it and then saw an ox but did not gore it, and a third time saw an ox and gored it and saw an ox and did not gore it, in this case it is rendered forewarned with regard to alternate oxen. The ox is considered forewarned with regard to goring every other ox that it sees and is considered innocuous with regard to the oxen in between. If it then gores two oxen in a row, the owner of the ox is liable for only half the cost of the damage for the second ox.
ืชื ื ืจืื ื ืจืื ืฉืืจ ื ืื ืืืืจ ืื ื ืื ืกืืก ื ืื ืืื ืื ื ืื ืคืจื ื ืื ืขืจืื ืื ื ืื ื ืขืฉื ืืืขื ืืกืืจืืืื ืืื
The Sages taught: If an ox saw an ox and gored it, and then saw a donkey but did not gore it, and saw a horse and gored it, then saw a camel and did not gore it, and saw a mule and gored it, and then saw a wild donkey [arod] and did not gore it, in this case it is rendered forewarned with regard to alternate animals of all species.
ืืืืขืื ืืื ื ืื
A dilemma was raised before the Sages: If an ox gored
ืฉืืจ ืฉืืจ ืืฉืืจ ืืืืจ ืืืื ืืื
an ox, another ox, and a third ox, and then a donkey and a camel, with regard to what is it considered forewarned?
ืืื ืฉืืจ ืืชืจื ืืชืจ ืฉืืืจืื ืฉืืื ื ืืื ืืืืชื ืืฉืืืจืื ืืื ืืืืืขื ืืืืื ืืืจืื ื ืื ืืืืขื ืื ืืืืื ืืื ืฉืืจ ืืชืจื ืืชืจ ืืืืจ ืืืื ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืืื ืืื ื
The Gemara presents the possibilities: With regard to this last ox that was gored together with the donkey and the camel, do we place it together with the previously gored oxen, and accordingly the belligerent ox was still rendered forewarned only with regard to oxen, whereas with regard to other species it was not rendered forewarned? Or perhaps we place this last ox together with the donkey and the camel, and it was rendered forewarned with regard to all of the species it gored.
ืืืืจ ืืืื ืฉืืจ ืฉืืจ ืืฉืืจ ืืื ืืื ืฉืืจ ืงืื ืืชืจ ืืืืจ ืืืื ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืืื ืืื ื ืื ืืืืื ืืชืจ ืฉืืืจืื ืฉืืื ื ืืื ืืืืชื ืืฉืืืจืื ืืื ืืืืืขื ืืืื ื ืืืจืื ื ืื ืืืืขื
The Gemara adds a similar dilemma: If an ox gored a donkey and a camel, and then an ox, an ox, and another ox, what is the halakha? The Gemara presents the possibilities: With regard to this first ox that it gored, do we place it together with the camel and donkey, and the belligerent ox was accordingly rendered forewarned with regard to all species? Or perhaps we place it together with the two oxen that it gored afterward, and accordingly, it was still rendered forewarned only with regard to oxen, whereas it was not rendered forewarned with regard to other species.
ืฉืืช ืฉืืช ืืฉืืช ืืื ืืฉืืช ืืฉื ื ืืฉืืช ืืื ืื ืฉืืช ืืชืจืืืชื ืืชืจ ืฉืืช ืืื ืืฉืืื ื ืืื ืืืืชื ืืฉืืช ืืื ืืืืืขื ืืืืืช ืืืื ืื ืืืืขื ืื ืืืืื ืืชืจ ืืื ืืฉืืช ืืฉื ื ืืฉืืช ืฉืืื ื ืืื ืืืืืขื ืืื ืืืืื ืืืื
Similarly, if it gored on Shabbat, on Shabbat, and on Shabbat, i.e., on three consecutive Shabbatot, and then on Sunday and on Monday, what is the halakha? With regard to this last Shabbat, do we place it together with the previous Shabbat, and the ox was still rendered forewarned only with regard to Shabbat, whereas with regard to weekdays it was not rendered forewarned? Or perhaps we place it together with the goring on Sunday and Monday, and it was thereby rendered forewarned with regard to all days of the week.
ืืืืฉื ืืฉืืช ืืขืจื ืฉืืช ืืฉืืช ืฉืืช ืืฉืืช ืืื ืื ืฉืืช ืงืืืืชื ืืชืจ ืืืืฉื ืืฉืืช ืืขืจื ืฉืืช ืฉืืื ื ืืื ืืืืืขื ืืืืืื ืืืื ืื ืืืืื ืื ืฉืืช ืงืืืืชื ืืชืจ ืฉืืชืืช ืืื ืืฉืืื ื ืืื ืืืฉืืชืืช ืืื ืืืืืขื
If an ox gored on Thursday, and Friday, and Shabbat, and then the next Shabbat and the next Shabbat after that, what is the halakha? With regard to this first Shabbat, do we place it together with Thursday and Friday, and thereby hold that the ox was rendered forewarned with regard to all days of the week? Or perhaps we place this first Shabbat together with the other Shabbatot, and the ox is rendered forewarned only with regard to Shabbatot?
ืชืืงื
These dilemmas shall stand unresolved.
ื ืื ืฉืืจ ืืื ืืืฉื ืขืฉืจ ืืืืืฉ ืื ืืืื ืฉืฉื ืขืฉืจ ืืืืืฉ ืื ืืืื ืฉืืขื ืขืฉืจ ืืืืืฉ ืื ืคืืืืชื ืืจื ืืฉืืืื
ยง If an ox gored on the fifteenth day of this month, and subsequently gored on the sixteenth day of the month after that, and then on the seventeenth day of the month after that, the halakha is subject to a dispute between Rav and Shmuel with regard to a parallel discussion concerning a woman whose menstrual cycle begins on a different day each month.
ืืืชืืจ ืจืืชื ืืื ืืืฉื ืขืฉืจ ืืืืฉ ืื ืืืื ืฉืฉื ืขืฉืจ ืืืืฉ ืื ืืืื ืฉืืขื ืขืฉืจ ืืืืฉ ืื ืจื ืืืจ ืงืืขื ืื ืืกืช ืืฉืืืื ืืืจ ืขื ืฉืชืฉืืฉ ืืืืืื
As it was stated: If a woman saw menstrual blood on the fifteenth day of this month, and on the sixteenth day of the month after that, and on the seventeenth day of the month after that, Rav says: She has thereby established her menstrual cycle [veset], i.e., a month and one day. And Shmuel says: Her menstrual cycle is not established until she skips a day three times. According to Shmuel, the cycle is established in this case not by the date per se, but rather by the pattern of one additional day every month. Only when this occurs for three consecutive months, i.e., when she menstruates in the fourth month, is this pattern established.
ืืืจ ืจืื ืฉืืข ืงืื ืฉืืคืจ ืื ืื ืงืื ืฉืืคืจ ืื ืื ืงืื ืฉืืคืจ ืื ืื ื ืขืฉื ืืืขื ืืฉืืคืจืืช
ยง Rava said: If an ox heard the sound of a shofar and gored, and again heard the sound of a shofar and gored, and a third time heard the sound of a shofar and gored, it is rendered forewarned with regard to the sound of shofarot.
ืคืฉืืื ืืื ืืชืืื ืื ืฉืืคืจ ืงืื ืกืืืื ืืขืืื ืืื ืื ืงืืื ืงื ืืฉืืข ืื
The Gemara asks: Isnโt this obvious? The Gemara answers: Lest you say that this first shofar merely startled [siyyuta] the ox, prompting it to gore, and that consequently it should not count for the purpose of rendering the ox forewarned, Rava teaches us that since the ox repeatedly gored upon hearing the sound of a shofar, this sound is considered a consistent impetus for its goring.
ืืชื ืืณ ืฉืืจ ืฉื ืืฉืจืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืฉื ืืงืืฉ ืฉื ืื ืืฉืืจ ืฉื ืืืืื ืคืืืจ ืฉื ืืืจ ืฉืืจ ืจืขืื ืืื ืฉืืจ ืฉื ืืงืืฉ
MISHNA: With regard to an ox of a Jew that gored a consecrated ox, and conversely, a consecrated ox that gored a non-sacred ox, i.e., an ox owned by a Jew, the owner of the ox is exempt from paying compensation, as it is stated: โAnd if one manโs ox hurts the ox of anotherโ (Exodus 21:35). It is derived from the phrase โthe ox of anotherโ that one is liable only if it is a non-sacred ox, but not if it is a consecrated ox, which belongs to the Temple treasury, regardless of whether the latter was the ox that gored or the ox that was gored.
ืฉืืจ ืฉื ืืฉืจืื ืฉื ืื ืืฉืืจ ืฉื ืืื ืคืืืจ ืืฉื ืืื ืฉื ืื ืืฉืืจ ืฉื ืืฉืจืื ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
With regard to an ox of a Jew that gored the ox of a gentile, the owner of the belligerent ox is exempt from liability. But with regard to an ox of a gentile that gored the ox of a Jew, regardless of whether the goring ox was innocuous or forewarned, the owner of the ox pays the full cost of the damage.
ืืืณ ืืชื ืืชืื ืืื ืืจืื ืฉืืขืื ืื ืื ืกืื ืืชื ืื ืฉืืจ ืฉื ืืืืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืฉื ืืงืืฉ ืฉื ืื ืฉืืจ ืฉื ืืืืื ืคืืืจ ืฉื ืืืจ ืฉืืจ ืจืขืื ืืื ืฉืืจ ืฉื ืืงืืฉ ืจืื ืฉืืขืื ืื ืื ืกืื ืืืืจ ืฉืืจ ืฉื ืืงืืฉ ืฉื ืื ืฉืืจ ืฉื ืืืืื ืคืืืจ ืืฉื ืืืืื ืฉื ืื ืฉืืจ ืฉื ืืงืืฉ ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
GEMARA: The mishna is not in accordance with the opinion of Rabbi Shimon ben Menasya, as it is taught in a baraita: With regard to a non-sacred ox that gored a consecrated ox, or a consecrated ox that gored a non-sacred ox, the owner of the ox is exempt from liability, as it is stated: โThe ox of another,โ indicating: But not a consecrated ox. Rabbi Shimon ben Menasya says: With regard to a consecrated ox that gored a non-sacred ox, the Temple treasury is exempt from liability; but with regard to a non-sacred ox that gored a consecrated ox, whether it was innocuous or forewarned, the owner pays the full cost of the damage.
ืืืจื ืืื ืงื ืกืืจ ืจืื ืฉืืขืื ืื ืจืขืื ืืืงื ืืคืืื ืฉื ืืืืื ืฉื ืื ืฉื ืืงืืฉ ืืืคืืจ ืืื ืจืขืื ืืื ืืืงื ืืคืืื ืืืงืืฉ ื ืื ืื ื ืื ืืืืืื ืืืืืื
The Sages said: What does Rabbi Shimon ben Menasya hold? Why does he distinguish between a consecrated ox that gored a non-sacred ox and a non-sacred ox that gored a consecrated ox? If the phrase โof anotherโ is meant in a precise manner, then even with regard to a non-sacred ox that gored a consecrated ox the owner of the belligerant ox should be exempt from liability, as the victim is not the ox of another, but belongs to the Temple treasury. And if the phrase โof anotherโ is not meant in a precise manner, but rather, includes all oxen, then a consecrated ox that gored a non-sacred ox should render the Temple treasury liable as well.
ืืื ืชืืื ืืขืืื ืงืกืืจ ืจืขืื ืืืงื ืืืืื ืืืืืื ืื ื ืื ืืืงืืฉ ืืืื ื ืืขืื ืืืืืืื ืืฉืื ืืงื ืืืืชื ืืื ืืงื ืืืืืจ ืืืืืื ืืื ืืืืื ืฉื ืื ืฉื ืืืืื ืืืื ืื ื ืื ืืืงืืฉ ืื ืื ืฉืื ืืืืืืื
And if you would say that actually Rabbi Shimon ben Menasya holds that โof anotherโ is meant in a precise manner, and accordingly, if a consecrated ox gores a non-sacred ox the Temple treasury is exempt from liability; but nevertheless, when a non-sacred ox gores a consecrated ox, this is the reason its owner is liable: Because Rabbi Shimon ben Menasya infers it a fortiori from the case of a non-sacred ox, as follows: If in the case of a non-sacred ox that gores another non-sacred ox the owner of the belligerent ox is liable, is it not clear all the more so that when it gores a consecrated ox the owner of the ox is liable?
ืืื ืืื ืื ืืืื ืืืืืช ืื ืืื ืื ืืืื ืชื ืืฆื ื ืืง ืืื ื ืื ืืฆื ื ืืง
If this is Rabbi Shimon ben Menasyaโs reasoning, then his ruling that the owner of the ox pays the Temple treasury the full cost of the damage, whether his ox was innocuous or forewarned, is problematic, as it is sufficient for the conclusion that emerges from an a fortiori inference to be like its source. In other words, a halakha derived by means of an a fortiori inference cannot be more stringent than the halakha of the source from which it is derived. Therefore, just as there, in a case where an individualโs innocuous non-sacred ox gores another non-sacred ox, the owner pays only half the cost of the damage, here too, if an innocuous non-sacred ox gores a consecrated ox, its owner should be liable to pay only half the cost of the damage.
ืืื ืืืจ ืจืืฉ ืืงืืฉ ืืื ืืื ืืืื ื ืืง ืฉืื ืืฉืคืจื ืื ืืืชืื ืจืขืื ืืื ืชื ืจืขืื ืืื ืืชื ืืฉืื ืืฆื ื ืืง ืืืื ืืืงืืฉ ืืื ืชื ืืื ืืืขื ืืฉืื ื ืืง ืฉืื
Rather, Reish Lakish said that Rabbi Shimon ben Menasyaโs reasoning is as follows: In principle, all cases of damage were included among those in which the owner pays the full cost of the damage. The halakha that in a case of an innocuous ox the owner pays only half the cost of the damage is an exception to the rule, and when the verse specified the term โof anotherโ with regard to an innocuous ox, it intended that it is specifically when oneโs innocuous ox gores the ox of another that the owner pays only half the cost of the damage. And by inference, if it gores a consecrated ox, whether the belligerent ox is innocuous or forewarned its owner pays the full cost of the damage.