Bava Kamma 41: Every Life Has Value

First, the rabbis finish their conversation about a woman who has intercourse with an ox.  If the ox kills her through goring, it has killed her based on its nature.  But if it killed her through the act of beastiality, it has killed her while seeking pleasure.  Should the ransom be paid depending on whether or not the killing was done intentionally?  Bottom line, Rava's rule holds: an animal that is induced to kill is not punished for its behaviour.  Again, this raises questions about people who are induced to commit horrific crimes.

A new Mishna teaches us that an ox who kills a person is killed whether or not it was induced to kill. If the ox was forewarned, the owner pays ransom.  If the ox was tam, no ransom is paid.  If the ox kills a boy or if it kills a girl*, the same consequences apply.  If it kills a Canaanite slave or maidservant, that person's 'owner' is paid thirty sela whether that slave is worth one hundred silver coins or just one sell.  

The Gemara questions the specifics of how three people might have been killed.  The rabbis also discuss conspiring witnesses and owners who might lie about the behaviour of their animals.  Further, there is a question about whether or not the flesh of an ox that has gored and killed should be eaten.  When exactly are we prohibited from eating an animal?  The rabbis connect this with their earlier discussion of the animal's intention.  Did it intend to kill a 'non viable' infant but instead killed a viable person?  How might this change what is permitted/prohibited?

* Interesting that a girl is specifically mentioned here.  Often we hear about "a minor", which means a boy... unless the rabbis deem otherwise.  In this circumstance, girls are specified.  This occurs immediately before the rabbis discuss Canaanite slaves and maidservants - a specific payment regardless of their individual valuations.  This Mishna focuses on the importance of valuing anyone who is gored by an ox - not just the men, but even those who are valued the least.  Even the lives of girls and slaves and maidservants have worth.