Tuesday, 5 July 2016

Bava Kamma 34: Manipulating the Value of an Ox Waiting to be Sold

What if an ox rises in value before damages are paid?  What if it diminishes?  The rabbis discuss how damages should be paid if there is a change in the value of the ox - which is how we determine the value of damages - between the time of injury and the time of payment.

A new Mishna discusses what should be done when damages are done by one ox who gores another and the live ox is sold for the money that is divided in half (Exodus 25:35).  Perhaps the carcass of a dead ox should be treated similarly.  The Gemara discusses the implications of this Mishna.  Could the change in value of an ox have something to do with the injury incurred?  

Another Mishna tells us about cases where we are liable for acts done by our oxen but not by ourselves and where we are liable for acts done by ourselves but not by our oxen.  Some examples of liability include:

  • if he knocks out the eye or tooth of a slave
  • if he humiliates another person
  • if his ox injures one's father or mother
  • if his ox sets fire to a haystack on Shabbat
Conversely, he is exempt if:
  • his ox knocks out the eye or tooth of a slave
  • his ox humiliates another person
  • he himself injures his father or mother
  • he himself sets fire to a haystack on Shabbat
The Gemara begins with a reminder about halachot of Shabbat.  Those exemptions are based on the teaching that only destructive labour is liable on Shabbat - including setting a fire or injuring a person. However, one is exempt for injuring someone only if they require the blood for their dog,  Similarly, one is permitted to set a fire only if one requires the ashes.


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