The Owner of the Pit Pays and the Carcass Stays With the Owner

Yalkut Shimoni on Torah 341:14

The owner of the pit shall make restitution in every case. "He shall restore money to its owner" (Exodus 21:34). I have here only money; from where do I learn that he may pay with an animal? You reason thus: it says here, "and the dead beast shall be his" (Exodus 21:34), and it says elsewhere, "and the dead beast shall be his" (Exodus 21:36). Just as there it speaks of an animal, so here it speaks of an animal; and just as there it speaks of money, so here it speaks of money. "And the dead beast shall be his" - this refers to the one who suffered the damage. Or does it perhaps refer only to the one who caused the damage? You answer: if that were so, what need would there be for Scripture to say "and the dead beast shall be his"? Rather, Scripture tells you that we assess the value of the carcass and deduct it from what he owes for the damage.

Themes