Three Days of Warning Make a Goring Ox Forewarned

Mekhilta DeRabbi Shimon Ben Yochai 21:36

Curated by Arthur·Told by Maggid·

"Or it was known" (Exodus 21:36): from where [do we learn] in court and in the presence of the owner? Scripture says (Exodus 21:29) "and it was testified to its owner." Thus there is no [valid] testimony except before the court and in the presence of the owner. "It had gored": that is one [day]. "In time past": that is two. "And the day before": that is three. Thus there is no forewarned status until it is testified about over three days, and not [merely] three occasions. "And its owner did not guard it." Thus if he guarded it properly and it got out and caused damage, he is exempt. "And he did not guard it": to include the borrower, the unpaid bailee, the paid bailee, and the renter, like the one above. Another interpretation: "and he did not guard it," one who has the awareness [to guard], excluding the deaf-mute, the imbecile, and the minor, who have no awareness to guard. "He shall surely pay": to include [the ox] of a deaf-mute, an imbecile, or a minor. How so? We appoint guardians for them, and testimony is given before the guardians, and if [their oxen] cause damage the guardians are liable to pay. "An ox in place of the ox": this teaches that he pays full damage. "And the dead shall be his," belonging to the one harmed. Might one think he may say to him, "Give me a hundred maneh in place of the ox," while the other says, "Take an ox worth five selas in place of your ox"? Scripture says "an ox in place of the ox": just as the "in place of" stated elsewhere means money, so here it means money. "And the dead shall be his": he tends to the carcass until he delivers it to him.

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