Bava Kamma 45
ΧΦΈΧΧΦΌΧ¨, ΧΦ΄Χ§Φ°ΧΦΌΦ΄ΧΧ©ΧΧΦΉ ΧΧΦΌΧ§Φ°ΧΦΌΦΈΧ©Χ, Χ©ΧΦ°ΧΦΈΧΧΦΉ β ΧΦΌΦ°Χ©ΧΦΈΧ¨ΧΦΉ ΧΧΦΌΧͺΦΌΦΈΧ¨, ΧΦΆΧΦ°ΧΦ΄ΧΧ¨ΧΦΉ Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ°ΧΦ΅ΧΧͺ ΧΦΌΦ°Χ’ΦΈΧΦΈΧΧ β ΧΧΦΌΧΦ°ΧΦΈΧ¨.
it is considered legally sold and belongs to the purchaser for all purposes. Similarly, if he consecrated it, it is halakhically consecrated, and all the halakhot of consecrated property apply to it. If he slaughtered it, one is permitted to eat its meat. If a bailee charged with safeguarding it returned it to its ownerβs house before the verdict it is considered to be returned, and the owner has no further claim against the bailee.
ΧΦ΄Χ©ΦΌΧΦΆΧ ΦΌΦ΄ΧΦ°ΧΦ·Χ¨ ΧΦΌΦ΄ΧΧ ΧΦΉ β ΧΦ°ΧΦΈΧ¨ΧΦΉ ΧΦ΅ΧΧ ΧΦΉ ΧΦΈΧΧΦΌΧ¨, ΧΦ΄Χ§Φ°ΧΦΌΦ΄ΧΧ©ΧΧΦΉ ΧΦ΅ΧΧ ΧΦΉ ΧΧΦΌΧ§Φ°ΧΦΌΦΈΧ©Χ, Χ©ΧΦ°ΧΦΈΧΧΦΉ β ΧΦΌΦ°Χ©ΧΦΈΧ¨ΧΦΉ ΧΦΈΧ‘ΧΦΌΧ¨, ΧΦΆΧΦ°ΧΦ΄ΧΧ¨ΧΦΉ Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ°ΧΦ΅ΧΧͺ ΧΦΌΦ°Χ’ΦΈΧΦΈΧΧ β ΧΦ΅ΧΧ ΧΦΉ ΧΧΦΌΧΦ°ΧΦΈΧ¨. Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ·Χ’Φ²Χ§ΦΉΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦ·Χ£ ΧΦ΄Χ©ΦΌΧΦΆΧ ΦΌΦ΄ΧΦ°ΧΦ·Χ¨ ΧΦΌΦ΄ΧΧ ΧΦΉ β ΧΦΆΧΦ°ΧΦ΄ΧΧ¨ΧΦΉ Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄ΧΦ°Χ’ΦΈΧΦΈΧΧ, ΧΧΦΌΧΦ°ΧΦΈΧ¨.
By contrast, once its verdict has been issued, if the owner sells it, it is not considered sold, since the ox is no longer his. Similarly, if he consecrates it, it is not considered consecrated. If he slaughters it, its meat is forbidden. If a bailee returns it to its ownerβs house it is not considered to have been returned, since the ox is considered to have been killed. Rabbi Yaβakov says: Even once its verdict has been issued, if the bailee returns it to its owner it is considered to have been returned.
ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧ Χ§ΦΈΧΦ΄ΧΧ€ΦΌΦ·ΧΦ°ΧΦ΄Χ β ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ Χ‘ΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ΅ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ°ΧΦ΄ΧΧ‘ΦΌΧΦΌΧ¨Φ΅Χ ΧΦ²Χ ΦΈΧΦΈΧ Χ΄ΧΦ²Χ¨Φ΅Χ Χ©ΧΦΆΧΦΌΦ°ΧΦΈ ΧΦ°Χ€ΦΈΧ ΦΆΧΧΦΈΧ΄, ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ·Χ’Φ²Χ§ΦΉΧ Χ‘ΦΈΧΦ·Χ¨: ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ°ΧΦ΄ΧΧ‘ΦΌΧΦΌΧ¨Φ΅Χ ΧΦ²Χ ΦΈΧΦΈΧ Χ΄ΧΦ²Χ¨Φ΅Χ Χ©ΧΦΆΧΦΌΦ°ΧΦΈ ΧΦ°Χ€ΦΈΧ ΦΆΧΧΦΈΧ΄?
The Gemara suggests: Let us say that they disagree about this: The Rabbis hold that with regard to items from which it is prohibited to derive benefit one does not say: That which is yours is before you, and no compensation is required. Once the deposited item was rendered forbidden, the bailee cannot return it as is to its owner, claiming that since it has not been physically damaged he has fulfilled his obligation to return it and therefore the owner has no further claims against him. And Rabbi Yaβakov holds that one does say, with regard to items from which it is prohibited to derive benefit: That which is yours is before you.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦΈΧ: ΧΦΌΦ°ΧΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ°ΧΦ΄ΧΧ‘ΦΌΧΦΌΧ¨Φ΅Χ ΧΦ²Χ ΦΈΧΦΈΧ Χ΄ΧΦ²Χ¨Φ΅Χ Χ©ΧΦΆΧΦΌΦ°ΧΦΈ ΧΦ°Χ€ΦΈΧ ΦΆΧΧΦΈΧ΄, ΧΦΌΦ°ΧΦ΄Χ ΧΦΌΦ΅Χ β Χ Φ΄Χ€Φ°ΧΧΦΉΧ ΧΦ°Χ’Φ΄Χ Φ°ΧΦ·Χ ΧΦΈΧΦ΅Χ₯ ΧΦΌΦ·Χ€ΦΌΦΆΧ‘Φ·Χ.
Rabba said: Clearly, according to everyone, one says with regard to items from which it is prohibited to derive benefit: That which is yours is before you; as, if this was the subject of disagreement, let them dispute this matter with regard to leavened bread on Passover, which is a more common case of an item from which it is prohibited to derive benefit.
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΦΈΧ, ΧΦΌΦ°ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ΄ΧΧ ΧΦΉ Χ©ΧΦΆΧ Χ©ΧΧΦΉΧ¨ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΌΦ°Χ€ΦΈΧ ΦΈΧΧ Χ§ΦΈΧΦ΄ΧΧ€ΦΌΦ·ΧΦ°ΧΦ΄Χ β ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ Χ‘ΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ΅ΧΧ ΧΦΌΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ΄ΧΧ ΧΦΉ Χ©ΧΦΆΧ Χ©ΧΧΦΉΧ¨ ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ°Χ€ΦΈΧ ΦΈΧΧ; ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ: ΧΦ΄Χ ΧΦ·ΧΦ°ΧΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅ΧΧΦΌ Χ Φ΄ΧΧΦ²ΧΦ΄Χ β ΧΦ²ΧΦΈΧ ΧΦ·Χ’Φ°Χ¨Φ΅Χ§Φ°Χ ΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦ·ΧΦ°ΧΦΈΧ, ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ β ΧΦ·ΧͺΦ°Χ€ΦΌΦ·Χ©ΧΦ°ΧͺΦΌΦ΅ΧΧΦΌ ΧΦ°ΧͺΧΦΉΧ¨Φ·ΧΧ ΧΦΌΦ΄ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧ ΧΦΈΧΦ΅ΧΧΦ°Χ ΦΈΧ ΧΦ°ΧΦ΄Χ©ΧΦ°ΧͺΦΌΦ·Χ’ΧΦΉΧΦ΅Χ ΧΦΌΦ΄ΧΧ ΦΈΧ ΧΦΌΦ·ΧΦ²ΧΦ΅ΧΧΦΌ.
Rather, here they disagree with regard to the matter of issuing the verdict for an ox in its absence. The Rabbis hold that the verdict for an ox can be issued only in its presence. Therefore, the bailee is not exempt by returning it after the verdict, as the owner could say to him: If you had returned the ox to me before the verdict I would have smuggled it to the marsh, and the court would not have been able to sentence it to stoning. Now you have let my ox be seized by the court, with whom I cannot engage in litigation.
ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ·Χ’Φ²Χ§ΦΉΧ Χ‘ΦΈΧΦ·Χ¨: ΧΦΌΧΦΉΧΦ°Χ¨Φ΄ΧΧ ΧΦΌΦ΄ΧΧ ΧΦΉ Χ©ΧΦΆΧ Χ©ΧΧΦΉΧ¨ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΌΦ°Χ€ΦΈΧ ΦΈΧΧ β ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ: Χ‘ΧΦΉΧ£ Χ‘ΧΦΉΧ£ ΧΦ΄ΧΧΦ°ΧΦΈΧ¨ ΧΦ²ΧΧΦΉ ΧΦΌΦΈΧΦ°Χ¨Φ΄Χ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦ΄ΧΧ ΦΈΧ.
And Rabbi Yaβakov holds that the verdict for an ox can be issued in its absence. Therefore, the bailee is exempt, as he can say to the owner in response to his claim: Ultimately, they would have issued the verdict anyway, so I did not cause your ox to be stoned by not returning it to you before the verdict.
ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ? Χ΄ΧΦ·Χ©ΦΌΧΧΦΉΧ¨ ΧΦ΄Χ‘ΦΌΦΈΧ§Φ΅Χ ΧΦ°ΧΦ·Χ ΧΦΌΦ°Χ’ΦΈΧΦΈΧΧ ΧΧΦΌΧΦΈΧͺΧ΄ β ΧΦΌΦ°ΧΦ΄ΧΧͺΦ·Χͺ ΧΦ·ΧΦΌΦ°Χ’ΦΈΧΦ΄ΧΧ ΧΦΌΦΈΧΦ° ΧΦ΄ΧΧͺΦ·Χͺ ΧΦ·Χ©ΦΌΧΧΦΉΧ¨; ΧΦΈΧ ΧΦΌΦ°Χ’ΦΈΧΦ΄ΧΧ ΧΦΌΦ΄Χ€Φ°Χ Φ΅ΧΧΦΆΧ, ΧΦ·Χ£ Χ©ΧΧΦΉΧ¨ ΧΦΌΦ°Χ€ΦΈΧ ΦΈΧΧ.
According to this explanation, what is the reason for the opinion of the Rabbis that the oxβs verdict can be issued only in its presence? The verse states: βThe ox shall be stoned, and its owner also shall be put to deathβ (Exodus 21:29), indicating that as the death of the owner, i.e., a person, for killing another person, so is the death of the ox for killing a person. Just as the owner is sentenced to death only in his presence, so too, an ox is sentenced to death only in its presence.
ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ·Χ’Φ²Χ§ΦΉΧ β ΧΦΌΦ΄Χ©ΧΦ°ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ’ΦΈΧΦ΄ΧΧ, ΧΦΌΦ°Χ Φ΅Χ ΧΦ·Χ’Φ²Χ ΦΈΧ Χ Φ΄ΧΧ Φ°ΧΧΦΌ; ΧΦΆΧΦΌΦΈΧ Χ©ΧΧΦΉΧ¨, ΧΦΌΦ·Χ¨ ΧΦ·Χ’Φ·Χ Φ°ΧͺΦΌΦΈΧ ΧΧΦΌΧ?
And Rabbi Yaβakov holds that the owner and the ox cannot be compared. Granted, the owner must be present when the verdict is issued, as people are able to present claims in their defense; but as for an ox, is it capable of presenting claims? Consequently, it makes no difference whether or not the verdict is issued in its presence.
ΧΦ°Χ‘ΦΈΧ¨ΧΦΉ ΧΦ°Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ ΧΦΌΧΦ°Χ©ΧΧΦΉΧΦ΅Χ ΧΦΌΧΦΌΧ³. ΧͺΦΌΦΈΧ ΧΦΌ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ: ΧΦ·Χ¨Φ°ΧΦΌΦΈΧ’ΦΈΧ Χ Φ΄ΧΦ°Χ Φ°Χ‘ΧΦΌ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΦ·ΧΦΌΦ°Χ’ΦΈΧΦ΄ΧΧ, ΧΦ°ΧΦ΅ΧΦΌΧΦΌ ΧΦ΅Χ: Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ ΧΦ°ΧΦ·Χ©ΦΌΧΧΦΉΧΦ΅Χ Χ ΧΦΉΧ©ΧΦ΅Χ Χ©ΧΦΈΧΦΈΧ¨ ΧΦ°ΧΦ·Χ©ΦΌΧΧΦΉΧΦ΅Χ¨. ΧΦΈΧ¨Φ°ΧΧΦΌ ΧͺΦΌΦ·ΧΦΌΦ΄ΧΧ β Χ ΦΆΧΦ±Χ¨ΦΈΧΦ΄ΧΧ, ΧΦΌΧ€Φ°ΧΧΦΌΧ¨Φ΄ΧΧ ΧΦ΄Χ ΧΦ·ΧΦΌΧΦΉΧ€ΦΆΧ¨. ΧΧΦΌΧ’ΦΈΧΦ΄ΧΧ β Χ ΦΆΧΦ±Χ¨ΦΈΧΦ΄ΧΧ, ΧΦΌΧΦ°Χ©ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧ ΧΦΆΧͺ ΧΦ·ΧΦΌΧΦΉΧ€ΦΆΧ¨. ΧΦ°ΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ ΧΦ°ΧΦ·ΧΦ²ΧΦ΄ΧΧ¨ ΧΦΌΦ°ΧΦ΅Χ Χ©ΧΧΦΉΧ¨ ΧΦ΄ΧΦ°Χ’ΦΈΧΦΈΧΧ, ΧΧΦΌΧ₯ ΧΦ΄Χ©ΦΌΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ.
Β§ The mishna teaches: If the oxβs owner conveyed it to an unpaid bailee, or to a borrower, or to a paid bailee, or to a renter, they enter into the responsibilities and liabilities in place of the owner. The Sages taught: There are four people who enter into the responsibilities and liabilities in place of the owner, and they are: An unpaid bailee, and a borrower, a paid bailee, and a renter. If the oxen killed people while in the possession of one of these people, if the oxen were innocuous at the time they killed, they are killed and the bailees are exempt from paying ransom. If they were forewarned, they are killed and the bailees pay ransom. And regardless if they were innocuous or forewarned, the bailees are liable to return the value of the ox to its owner, with the exception of an unpaid bailee.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ΅ΧΧΦ΄Χ ΧΦΈΧΦ΅Χ? ΧΦ΄Χ ΧΦΌΦ°Χ Φ·ΧΦ°Χ¨Φ΅ΧΧΦΌ β ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΧΦΌΧΦΌΦ°ΧΧΦΌ Χ ΦΈΧΦ΅Χ ΧΦ΄ΧΧ€ΦΌΦ·ΧΦ°Χ¨ΧΦΌ! ΧΦ°ΧΦ΄Χ ΧΦΌΦ°ΧΦΈΧ Χ Φ·ΧΦ°Χ¨Φ΅ΧΧΦΌ β ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ Χ Φ΄ΧΧΦ·ΧΦΌΦ·ΧΧ!
The Sages said: What are the circumstances in which the bailees are liable, with the exception of an unpaid bailee? If he safeguarded the ox appropriately but the ox killed a person anyway, all of the other bailees should also be exempt from reimbursing the owner for the ox and not just an unpaid bailee, as they did everything that was required of them. And if he did not safeguard it properly, even the unpaid bailee should be liable, as he was also required to safeguard it.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ β ΧΦΌΦ°Χ Φ·ΧΦ°Χ¨Φ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ, ΧΦ°ΧΦΈΧ Χ Φ·ΧΦ°Χ¨Φ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ. Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ β ΧΦΌΦΈΧΦ°ΧͺΦΈΧ ΧΧΦΉ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧͺΧΦΉ, ΧΦΈΧ ΦΈΧΦ° β ΧΦΈΧ ΧΦΌΦΈΧΦ°ΧͺΦΈΧ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧͺΦΈΧ.
The Sages said in response: Here we are dealing with a case where the bailee provided reduced safeguarding and did not provide superior safeguarding. In this case the unpaid bailee has fulfilled his safeguarding duties; since he does not receive anything in exchange this level of safeguarding is sufficient. Those other bailees, who have a greater responsibility, have not fulfilled their required level of safeguarding.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΌΦ°ΧΦ·ΧΧ? ΧΦ΄Χ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨,
The Sages said, in clarification of the baraita: In accordance with whose opinion is this baraita? If it is in accordance with the opinion of Rabbi Meir,
ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦΌΦ°Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ ΧΦΌΦΈΧΦ΅Χ, ΧΦ΄ΧΧͺΦ°Χ Φ΅Χ: ΧΧΦΌΧ₯ ΧΦ΄Χ©ΦΌΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ ΧΦ°ΧΦ·Χ©ΦΌΧΧΦΉΧΦ΅Χ¨!
who says that a renter is considered like an unpaid bailee with regard to his responsibility for the rented item, let it teach that bailees are liable to compensate the owner, with the exception of an unpaid bailee and a renter.
ΧΦ°ΧΦ΄Χ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦΌΦ°Χ ΧΦΉΧ©ΧΦ΅Χ Χ©ΧΦΈΧΦΈΧ¨ ΧΦΌΦΈΧΦ΅Χ β Χ Φ΄ΧΧͺΦ°Χ Φ΅Χ: Χ΄ΧΧΦΌΧ₯ ΧΦ΄Χ©ΦΌΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ, ΧΦ°ΧΧΦΌΧΦΌΦΈΧ ΧΦΌΦ°ΧΧΦΌΧ’ΦΈΧΦ΄ΧΧ Χ€ΦΌΦ°ΧΧΦΌΧ¨Φ΄ΧΧ ΧΦ°Χ’Φ΄Χ Φ°ΧΦ·Χ ΧΦΌΧΦΉΧ€ΦΆΧ¨Χ΄!
And if it is in accordance with the opinion of Rabbi Yehuda, who says that a renter is considered like a paid bailee, let it teach: With the exception of an unpaid bailee, as it in fact states; but it should also state that in a case where the oxen are forewarned, all of them are exempt with regard to ransom, as Rabbi Yehuda says in the next mishna that a forewarned ox requires only a reduced level of safeguarding. Therefore, this baraita does not appear to be in accordance with the opinion of either tanna.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ΄ΧΧ ΦΌΦΈΧ ΦΈΧ: ΧΦΈΧ ΧΦ·Χ ΦΌΦ΄Χ β Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΦ΄ΧΧ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦ΅ΧΧ ΧΧΦΉ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦΆΧΦΌΦΈΧ Χ‘Φ·ΧΦΌΦ΄ΧΧ; ΧΦΌΧΦ°Χ’Φ΄Χ Φ°ΧΦ·Χ Χ©ΧΧΦΉΧΦ΅Χ¨ Χ‘ΦΈΧΦ·Χ¨ ΧΦ·ΧΦΌ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦΌΦ°Χ ΧΦΉΧ©ΧΦ΅Χ Χ©ΧΦΈΧΦΈΧ¨ ΧΦΌΦΈΧΦ΅Χ.
Rav Huna bar αΈ€innana said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Eliezer, who says that an ox has no sufficient safeguarding at all other than slaughtering it with a knife; i.e., there is no degree of safeguarding that exempts the oxβs owner, or in the context of the baraita, the bailee, from liability if the ox causes damage or kills. And with regard to a renter, the baraita holds in accordance with the opinion of Rabbi Yehuda, who says that a renter is considered like a paid bailee.
ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦΈΧΦ·Χ¨: ΧΦ°Χ’ΧΦΉΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨ β ΧΦ°ΧΦ΄ΧΦ°ΧΦ·ΧΦ°ΧΦ΄ΧΧ£ Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ²ΧΧΦΌΧΦΌ, ΧΦ°ΧͺΦΈΧ Φ΅Χ: Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦΌΦ΅ΧΧ¦Φ·Χ ΧΦ°Χ©ΧΦ·ΧΦΌΦ΅Χ? Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦ°Χ©ΧΧΦΉΧΦ΅Χ¨ Χ©ΧΦΈΧΦΈΧ¨, Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦ°Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ.
Abaye said: Actually, the baraita is in accordance with the opinion of Rabbi Meir; and it is as Rabba bar Avuh reversed the two opinions and taught: How does a renter pay? In other words, what is his degree of responsibility? Rabbi Meir says: Like a paid bailee. Rabbi Yehuda says: Like an unpaid bailee.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΆΧΦ°Χ’ΦΈΧΦΈΧ¨: ΧΦΈΧ‘Φ·Χ¨ Χ©ΧΧΦΉΧ¨ΧΦΉ ΧΦ°Χ©ΧΧΦΉΧΦ΅Χ¨ ΧΦ΄Χ ΦΌΦΈΧ, ΧΦ΄ΧΦΌΦ΄ΧΧ§ β ΧΦ·ΧΦΌΦΈΧΧ, ΧΧΦΌΧΦΌΦ·Χ§ β Χ€ΦΌΦΈΧΧΦΌΧ¨.
Β§ Rabbi Elazar says: If the owner conveyed his ox to an unpaid bailee, if the ox caused damage, the bailee is liable to pay damages; but if the ox was injured, he is exempt.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ΅ΧΧΦ΄Χ ΧΦΈΧΦ΅Χ? ΧΦ΄Χ ΧΦΌΦ°Χ§Φ·ΧΦΌΦ΅ΧΧ Χ’Φ²ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨Φ·Χͺ Χ Φ°ΧΦΈΧ§ΦΈΧΧ β ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΧΦΌΧΦΌΦ·Χ§ Χ ΦΈΧΦ΅Χ ΧΦ΄ΧΧΦ·ΧΦΌΦ΅ΧΧ! ΧΦ°ΧΦ΄Χ ΧΦΌΦ°ΧΦΈΧ Χ§Φ·ΧΦΌΦ΅ΧΧ Χ’Φ²ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨Φ·Χͺ Χ Φ°ΧΦΈΧ§ΦΈΧΧ β ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ΄ΧΦΌΦ΄ΧΧ§ Χ ΦΈΧΦ΅Χ ΧΦ΄ΧΧ€ΦΌΦ°ΧΦ·Χ¨!
The Sages said: What are the circumstances? If Rabbi Elazar was referring to a bailee who accepted responsibility upon himself for guarding it from causing damage, even if the ox was injured he should be liable. And if he was referring to a bailee who did not accept responsibility for guarding it from causing damage, even if it causes damage he should be exempt from payment.
ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ°Χ’ΧΦΉΧΦΈΧ Χ©ΧΦΆΧ§ΦΌΦ΄ΧΧΦΌΦ΅Χ Χ’ΦΈΧΦΈΧΧ Χ©ΧΦ°ΧΦ΄ΧΧ¨Φ·Χͺ Χ Φ°ΧΦΈΧ§ΦΈΧΧ, ΧΦ°ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ β ΧΦΌΦ°ΧΧΦΉΧ Χ©ΧΦΆΧΦ΄ΧΦΌΦ΄ΧΧ¨ ΧΦΌΧΦΉ Χ©ΧΦΆΧΧΦΌΧ Χ Φ·ΧΦ°ΧΦΈΧ. ΧΦΌΧ‘Φ°ΧͺΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ°ΧͺΦΈΧ, ΧΦΌΦ°ΧΦΈΧ ΧΦΈΧΦ΅ΧΧ ΧΦ΄ΧΧΧΦΌ ΧΦΌΧΦ·ΧΦΌΦ΄ΧΧ§ ΧΦ·ΧΦ²Χ¨Φ΄ΧΧ Φ΅Χ β Χ§Φ·ΧΦΌΦ΅ΧΧ Χ’Φ²ΧΦ΅ΧΧΦΌ, ΧΦΌΦ°ΧΦΈΧͺΦ΅Χ ΧΦ·ΧΦ²Χ¨Φ΄ΧΧ Φ΅Χ ΧΦΌΧΦ·ΧΦΌΦ°Χ§Φ΄Χ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦ΄ΧΧΦ΅ΧΧΦΌ β ΧΦΈΧ ΧΦ·Χ‘ΦΌΦ΅ΧΧ§ ΧΦ·ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦ΅ΧΧΦΌ.
Rava said: Actually, Rabbi Elazar was referring to a case where he accepted responsibility upon himself for guarding it from causing damage; but here we are dealing with a case where the bailee recognized that the ox was a goring ox, and in that case the normal way of things is that the bailee accepted upon himself responsibility for safeguarding it so that it would not go and injure others, since he knew that it was dangerous. But it presumably did not enter his mind that other oxen would come and injure it. Therefore, he did not accept responsibility for safeguarding against such an occurrence.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ Χ§Φ°Χ©ΧΦΈΧ¨ΧΦΉ ΧΦΌΦ°Χ’ΦΈΧΦΈΧΧ ΧΦΌΦ°ΧΧΦΉΧ‘Φ΅Χ¨ΦΈΧ ΧΦ°Χ ΦΈΧ’Φ·Χ ΧΦΌΦ°Χ€ΦΈΧ ΦΈΧΧ ΧΦΌΦΈΧ¨ΦΈΧΧΦΌΧ, ΧΦ°ΧΦΈΧ¦ΦΈΧ ΧΦ°ΧΦ΄ΧΦΌΦ΄ΧΧ§ β ΧΦΆΧΦΈΧ ΧͺΦΌΦΈΧ ΧΦ°ΧΦΆΧΦΈΧ ΧΧΦΌΧ’ΦΈΧ ΧΦ·ΧΦΌΦΈΧΧ, ΧΦΌΦ΄ΧΦ°Χ¨Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨.
MISHNA: If the oxβs owner tied it with reins to a fence or locked the gate before it in an appropriate manner, but nevertheless the ox emerged and caused damage, whether the ox is innocuous or forewarned the owner is liable, since this is not considered sufficient precaution to prevent damage; this is the statement of Rabbi Meir.
Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧͺΦΌΦΈΧ ΧΦ·ΧΦΌΦΈΧΧ, ΧΦΌΧΧΦΌΧ’ΦΈΧ Χ€ΦΌΦΈΧΧΦΌΧ¨; Χ©ΧΦΆΧ ΦΌΦΆΧΦ±ΧΦ·Χ¨: Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΦ°Χ¨ΦΆΧ ΦΌΧΦΌ ΧΦΌΦ°Χ’ΦΈΧΦΈΧΧΧ΄ β ΧΦ°Χ©ΧΦΈΧΧΦΌΧ¨ ΧΧΦΌΧ ΧΦΆΧ.
Rabbi Yehuda says that if the ox is innocuous the owner is liable even if he safeguarded it appropriately, since the Torah does not limit the required safeguarding for an innocuous ox. But if the ox is forewarned, the owner is exempt from paying compensation for damage, as it is stated in the verse describing damage by a forewarned ox: βAnd the owner has not secured itβ (Exodus 21:36), and this ox that was tied with reins or behind a locked gate was secured.
Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦ΅ΧΧ ΧΧΦΉ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦΆΧΦΌΦΈΧ Χ‘Φ·ΧΦΌΦ΄ΧΧ.
Rabbi Eliezer says: An ox has no sufficient safeguarding at all other than slaughtering it with a knife; there is no degree of safeguarding that exempts the oxβs owner from liability.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨? Χ§ΦΈΧ‘ΦΈΧΦ·Χ¨: Χ‘Φ°ΧͺΦΈΧ Χ©ΧΦ°ΧΧΦΉΧ¨Φ΄ΧΧ β ΧΦΈΧΧ ΧΦΌΦ°ΧΦΆΧΦ°Χ§Φ·Χͺ Χ©ΧΦ΄ΧΧΦΌΧΦΌΧ¨ Χ§ΦΈΧΦ°ΧΧΦ΄Χ; ΧΦ°ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ ΧͺΦΌΦΈΧ Χ Φ΄ΧΧΦ·ΧΦΌΦ·ΧΧ β ΧΦΌΦ°Χ Φ΄ΧΧΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ, ΧΦ²ΧΦ·Χ¨ ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΦ°Χ¨ΦΆΧ ΦΌΧΦΌΧ΄ ΧΦΌΦ·ΧΦΌΦ΅Χ ΧΧΦΌΧ’ΦΈΧ β ΧΦΌΦ°Χ Φ΄ΧΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ; ΧΦ°ΧΦΈΧΦ΅ΧΧ£ Χ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧͺΦΈΧ β Χ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧΧΦΌΧ’ΦΈΧ.
GEMARA: What is the reason for the opinion of Rabbi Meir? He holds that ordinary oxen are not presumed to be under safeguarding, as their owners do not ordinarily safeguard them; and the Merciful One stated in the Torah that one will be liable even for damage caused by an innocuous ox inasmuch as it requires at least a reduced level of safeguarding, such as with reins. The Merciful One then stated with regard to a forewarned ox: βAnd the owner has not secured it,β to indicate that it is not sufficient to provide it with only a reduced level of safeguarding, as it requires superior safeguarding. And Rabbi Meir derives this requirement with regard to an innocuous ox from a verbal analogy between the term goring stated with regard to an innocuous ox and the term goring stated with regard to a forewarned ox. In both cases superior safeguarding is required; otherwise the owner is liable.
Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ Χ‘ΦΈΧΦ·Χ¨: Χ‘Φ°ΧͺΦΈΧ Χ©ΧΦ°ΧΧΦΉΧ¨Φ΄ΧΧ β ΧΦΌΦ°ΧΦΆΧΦ°Χ§Φ·Χͺ Χ©ΧΦ΄ΧΧΦΌΧΦΌΧ¨ Χ§ΦΈΧΦ°ΧΧΦ΄Χ; ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ ΧͺΦΌΦΈΧ Χ Φ°Χ©ΧΦ·ΧΦΌΦ΅Χ, ΧΦΌΦ°Χ Φ΄ΧΧΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ; ΧΦ²ΧΦ·Χ¨ ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΦ°Χ¨ΦΆΧ ΦΌΧΦΌΧ΄ ΧΦΌΦ·ΧΦΌΦ΅Χ ΧΧΦΌΧ’ΦΈΧ β ΧΦΌΦ°Χ Φ·Χ’Φ²ΧΦ΅ΧΧ ΧΦ΅ΧΧΦΌ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ. ΧΦΈΧΦ΅Χ Χ¨Φ΄ΧΧΦΌΧΦΌΧ ΧΦ·ΧΦ·Χ¨ Χ¨Φ΄ΧΧΦΌΧΦΌΧ, ΧΦ°ΧΦ΅ΧΧ Χ¨Φ΄ΧΧΦΌΧΦΌΧ ΧΦ·ΧΦ·Χ¨ Χ¨Φ΄ΧΧΦΌΧΦΌΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦ·Χ’Φ΅Χ β ΧΦ΄ΧΧ’Φ΅Χ ΧΦ·ΧΦΌΦΈΧͺΧΦΌΧ ΧΦ΄Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ.
By contrast, Rabbi Yehuda holds that ordinary oxen are presumed to be under some reduced level of safeguarding. Since the Merciful One stated nevertheless that even for damage caused by an innocuous ox the owner will pay, it may be inferred that it requires superior safeguarding. The Merciful One then states with regard to a forewarned ox: βAnd the owner has not secured it,β emphasizing again that one must provide it with superior safeguarding. This constitutes one amplification following another amplification, and the principle is that an amplification following an amplification is stated only in order to restrict its extent. Accordingly, the verse excludes the requirement of superior safeguarding with regard to a forewarned ox, and therefore reduced safeguarding is sufficient to exempt the owner from liability.
ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ: Χ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧͺΦΈΧ Χ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧΧΦΌΧ’ΦΈΧ β ΧΦΈΧ ΧΦ΄ΧΧ’Φ΅Χ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΦ°Χ¨ΦΆΧ ΦΌΧΦΌΧ΄ β ΧΦΈΧΦΆΧ, ΧΦ°ΧΦΉΧ ΧΦ°ΧΦ·ΧΦ΅Χ¨.
And if you would say that through the verbal analogy between the term goring stated with regard to an innocuous ox and the term goring stated with regard to a forewarned ox the Torah compares their halakhot, nevertheless, the Merciful One restricted this halakha by emphasizing: βAnd the owner has not secured it,β referring specifically to it, a forewarned ox, and not to the other, i.e., innocuous, ox.
ΧΦ°ΧΦΈΧ ΧΦ΄ΧΧΦΌΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦΈΧΧ! ΧΦ΄Χ ΧΦΌΦ΅Χ, Χ Φ΄ΧΦ°ΧͺΦΌΧΦΉΧ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΧΦΉΧ¨Χ΄, ΧΦ·ΧΧ Χ΄ΧΦ°ΧΦΉΧ ΧΦ΄Χ©ΧΦ°ΧΦ°Χ¨ΦΆΧ ΦΌΧΦΌΧ΄? ΧΦΈΧΦΆΧ ΧΦ°ΧΦΉΧ ΧΦ°ΧΦ·ΧΦ΅Χ¨.
The Gemara asks: But isnβt this phrase necessary for the negative [lav] statement that if the owner does not provide superior safeguarding he is liable? The Gemara answers: If that is so, let the Merciful One write: And the owner has not secured. What is the purpose of the added emphasis: βAnd the owner has not secured itβ? It is to indicate that the restriction of this halakha relates specifically to it, a forewarned ox, and not to the other, i.e., innocuous, ox.
ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ, Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΦΌΦΆΧ ΧΦ·Χ’Φ²Χ§ΦΉΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦΆΧΦΈΧ ΧͺΦΌΦΈΧ ΧΦ°ΧΦΆΧΦΈΧ ΧΧΦΌΧ’ΦΈΧ Χ©ΧΦΆΧ©ΦΌΧΦ°ΧΦΈΧ¨ΧΦΉ Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ β Χ€ΦΌΦΈΧΧΦΌΧ¨.
It is taught in a baraita that there is a fourth opinion. Rabbi Eliezer ben Yaβakov says: In the cases of both an innocuous ox and a forewarned ox in which its owner provided reduced safeguarding, he is exempt from liability.
ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ? Χ‘ΦΈΧΦ·Χ¨ ΧΦ·ΧΦΌ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΧΦΌΧ’ΦΈΧ β ΧΦΌΦ΄Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ Χ‘Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΧΦΌ, ΧΦ°ΧΦΈΧΦ΅ΧΧ£ Χ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧͺΦΈΧ ΧΦΌΧ Φ°ΧΦ΄ΧΧΦΈΧ ΧΦ°ΧΧΦΌΧ’ΦΈΧ.
The Gemara asks: What is the reason for his opinion? He holds in accordance with the opinion of Rabbi Yehuda, who says that reduced safeguarding is sufficient for a forewarned ox, and he derives from the verbal analogy between the term goring stated with regard to an innocuous ox and the term goring stated with regard to a forewarned ox that just as reduced safeguarding is sufficient for a forewarned ox, it is sufficient for an innocuous ox as well.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ·ΧΦ²ΧΦΈΧ: ΧΦΈΧ Χ€ΦΌΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΆΧΦΌΦΈΧ Χ¦Φ·Χ ΧΦ·Χ’Φ²ΧΦΈΧΦΈΧ Χ©ΧΦΆΧΦΌΧΦΉ, ΧΦ²ΧΦΈΧ Χ¦Φ·Χ ΧͺΦΌΦ·ΧΦΌΧΦΌΧͺ ΧΦΌΦ΄ΧΦ°Χ§ΧΦΉΧΦΈΧΦΌ Χ’ΧΦΉΧΦΆΧΦΆΧͺ.
Rav Adda bar Ahava said: Rabbi Yehuda deemed only the forewarned element of the ox exempt. Rabbi Yehudaβs ruling that reduced safeguarding is sufficient to exempt the owner of a forewarned ox relates only to the additional half of the damage that is paid for a forewarned ox beyond the half of the damage that one is liable to pay for an innocuous ox. But the liability for its element of innocuousness remains in place. Therefore, if the owner did not provide superior safeguarding for the forewarned ox he is still liable to pay half the cost of the damage as he would if it were innocuous.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ: ΧΧΦΌΧ’ΦΈΧ ΧΦ°Χ§ΦΆΧ¨ΦΆΧ ΧΦΈΧΦ΄ΧΧ β ΧΦ΅ΧΧ ΧΦΉ ΧΧΦΌΧ’ΦΈΧ ΧΦ°Χ§ΦΆΧ¨ΦΆΧ Χ©ΧΦ°ΧΦΉΧΧ.
Rav says: If an ox is forewarned with regard to goring with its right horn, it is not thereby forewarned with regard to goring with its left horn.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ·ΧΦΌΦ΄ΧΧΦΌΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ? ΧΦ΄Χ ΧΦ·ΧΦΌΦ΄ΧΧΦΌΦΈΧ ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨, ΧΦΈΧΦΈΧΦ·Χ¨: ΧΦΆΧΦΈΧ ΧͺΦΌΦΈΧ ΧΦ°ΧΦΆΧΦΈΧ ΧΧΦΌΧ’ΦΈΧ, Χ©ΧΦ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΈΧ ΧΦΌΦΈΧ’Φ΅Χ! ΧΦ΄Χ ΧΦ·ΧΦΌΦ΄ΧΧΦΌΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦ·ΧΧ ΧΦ΄Χ¨Φ°ΧΦΈΧ Χ§ΦΆΧ¨ΦΆΧ Χ©ΧΦ°ΧΦΉΧΧ? ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΦ°ΧΦΈΧΦ΄ΧΧ Χ ΦΈΧΦ΅Χ β ΧΦ΄ΧΧͺ ΧΦΌΦ΅ΧΧΦΌ Χ¦Φ·Χ ΧͺΦΌΦ·ΧΦΌΧΦΌΧͺ, ΧΦ°ΧΦ΄ΧΧͺ ΧΦΌΦ΅ΧΧΦΌ Χ¦Φ·Χ ΧΧΦΌΧ’ΦΈΧΦ»Χͺ!
The Sages said: In accordance with whose opinion is Ravβs statement made? If it is in accordance with the opinion of Rabbi Meir, doesnβt Rabbi Meir say that both an innocuous ox and a forewarned ox require superior safeguarding? If it is in accordance with the opinion of Rabbi Yehuda, why did he state that the ox still has an innocuous element specifically with regard to the left horn? Even with regard to the right horn itself it has both elements; it has an element of innocuousness and it also has a forewarned element.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ°Χ’ΧΦΉΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦ°ΧΦΈΧ Χ‘Φ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ·ΧΦ²ΧΦΈΧ; ΧΦ°ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦΌΦ΄Χ ΧΦ·ΧΧ ΧΦ·ΧΦ°ΧΧ ΦΈΧ ΧΧΦΌΧ ΧΦΌΦ°ΧΦ·Χ©ΧΦ°ΧΦΌΦ·ΧΦ·ΧͺΦΌΦ° ΧΦΌΦ΅ΧΧΦΌ Χ¦Φ·Χ ΧͺΦΌΦ·ΧΦΌΧΦΌΧͺ ΧΦΌΧΧΦΌΧ’ΦΈΧΦ»Χͺ,
The Sages said: Actually, Ravβs statement is in accordance with the opinion of Rabbi Yehuda, and he does not hold in accordance with the opinion of Rav Adda bar Ahava that the oxβs innocuous element remains. And this is what he is saying: You find an element both of innocuousness and of a forewarned status in the same ox specifically in a case like this, where an ox is forewarned with regard to one horn but not with regard to the other.