Torah Community Connections

Week 93 - Friday - 7 September 2001

BAVA KAMMA: CHAPTER 4: MISHNAH 6

If an ox was rubbing itself against a wall, and it fell on a man; intended to kill an animal and killed a man; a non-Jew, and killed an Israelite; an unviable child, and killed a viable child - it is exempt.

Kehati

If an ox was rubbing itself against a wall - for its enjoyment, and it - the wall - fell on a man - and killed him; or the ox intended to kill an animal and killed a man; or intended - a non-Jew, and killed an Israelite; or - to kill a unviable child and it killed a viable child - in all these cases - it - the ox – is exempt - from being put to death, since if it killed a man as a result of its rubbing against the wall, it had no intention to kill, and in the other cases listed in our mishnah it had no intention to kill a person whose killing is punishable by death. The Gemara explains that even if the ox were mu’ad for this, it nevertheless is exempt from being put to death, but the owner is obligated to pay the ransom: the ox is exempt, as it is written, "the ox shall be stoned, and its owner also shall be put to death" (Ex. 21:29), which was interpreted to mean, the death of the ox is similar to that of the owner - just as the owner is not liable for the death penalty unless he killed with intent, so the is ox not put to death if it killed without intent; the owner is liable to pay the ransom, as it is written, "If a ransom shall be laid on him" (Ex. 21:30). The Torah could have stated merely, "a ransom shall be laid on him"; the seemingly superfluous "If" teaches that an ox, which killed without intent, also requires the payment of the ransom.

BAVA KAMMA: CHAPTER 4: MISHNAH 7

A woman's ox, an orphan's ox, the administrator's ox, an ox of the wilderness, an ox belonging to the Temple, an ox of the convert who died and has no heirs - these are liable to be put to the death. Rabbi Yehudah says, an ox of the wilderness, an ox belonging to the Temple, an ox of the convert who died are exempt from being put to death since they have no owners.

Kehati

A woman's ox, an orphan's ox- when they do not have an administrator, an ox of - orphans who do have an - administrator, an ox of the wilderness - which is ownerless (hefker), an ox belonging to the Temple - even though its death entails a loss to the Temple treasury, an ox of the convert who died and has no heirs - with the ox accordingly being hefker - these are liable to be put to death - if they killed a man, by stoning. A baraita quoted in the Gemara explains that the word "ox" appears seven times in the passage in the Torah discussing the goring of a person by an ox: one mention refers to the basic law, and the other six times are mentioned to include the six cases listed in our mishnah.

Rabbi Yehudah says, an ox of the wilderness, an ox belonging to the Temple, an ox of the convert who died- without heirs: all these - are exempt from being put to death since they have no owners - the Gemara explains that Rabbi Yehudah cited the ox of the wilderness and the ox of the convert who died without heirs, even though these two are both hefker, to teach that even if the ox gored during the lifetime of the convert and the convert later died, and similarly even if the ox gored and later was declared ownerless or given over to the Temple treasury by its owner, since the ox was ownerless at the conclusion of the legal process concerning it, it is not put to death. The law is not according to Rabbi Yehudah.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives