The Pit Owner Pays the Loss and the Carcass Goes to the Victim

Mekhilta DeRabbi Shimon Ben Yochai 21:34

Curated by Arthur·Told by Maggid·

"The owner of the pit shall pay" (Exodus 21:34). This is what we said, whether a man or a woman. Another interpretation: "the owner of the pit shall pay" comes to include every hazard that is a derivative of the pit; and if a person is injured by it he is liable, and for vessels he is exempt. "He shall restore silver to its owner." This is what we said, to include the damages. "And the dead animal shall be his," belonging to the one harmed. From here they said: we assess for damages by seeing how much the value has depreciated, and he pays him the depreciation. "And the dead animal shall be his." This teaches that he is obligated to take the trouble over the carcass until he hands it to him. "And the dead animal shall be his." This excludes the ox of disqualified consecrated animals, which has no owner.

Themes

LawDivine JusticeCommandments

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