The Goring Ox That Kills and Must Be Stoned

"And if an ox gores" (Exodus 21:28) — excluding one that was incited to gore. From this they said: an arena ox is exempt, because it acts only because it was made to. "An ox" — I know only of an ox; from where do I learn of other animals, beasts, and birds? Scripture teaches "if it gores" — in any case. "If it gores" — I know only of goring; from where do I learn of pushing, biting, lying upon, kicking? Here it says "if an ox gores," and below it says "and if an ox strikes" (verse 35): just as below it treats striking like goring, so here we treat goring like striking. "A man" — only if it intended him. "Or a woman" — only if it intended her. "A man and a woman" — I know only of a man and a woman; from where do I include a male minor and female minor, one of doubtful sex and one of double sex? Scripture teaches "a man or a woman." "And it dies, the ox shall surely be stoned" — to make other animals like the ox. I know only of these whose judgment is complete; from where do I include their young and their mixtures? Scripture teaches "it shall surely be stoned." "And its flesh shall not be eaten" — why do I need this? Do we not know it is carrion, and carrion is forbidden to eat? What then does "its flesh shall not be eaten" teach? It tells you that if he slaughtered it after its judgment was complete, its flesh is forbidden to eat. Might it be that if he slaughtered it before its judgment was complete it is forbidden? Scripture teaches "it shall surely be stoned": what is included in stoning, its flesh is forbidden; what is not included in stoning, its flesh is permitted. "Its flesh shall not be eaten" — I know only of flesh; from where do I learn that sinews, bones, horns, and hooves are like flesh? Scripture teaches "its flesh," to include. "Its flesh shall not be eaten" — even by dogs; this comes to forbid benefit from it. "And the owner of the ox shall be clear" (verse 28). Ben Azzai says: clear of its whole value, as a man says, "So-and-so went out clear of his property," having no benefit from it at all. Rabbi Elazar ben Azariah says: clear of the value of the offspring. Rabbi Eliezer says: clear of half the damage.