When a Consecrated Ox and an Ordinary Ox Gore Each Other

Yalkut Shimoni on Torah 341:20

Our Rabbis taught: an ox of an ordinary person that gored an ox of the sanctuary, or an ox of the sanctuary that gored an ox of an ordinary person, he is exempt, as it is said, "the ox of his neighbor" (Exodus 21:35) - and not the ox of the sanctuary. Rabbi Shimon ben Menasya says: an ox of the sanctuary that gored an ox of an ordinary person is exempt; but an ox of an ordinary person that gored an ox of the sanctuary, whether it was an innocuous ox or a forewarned ox, pays full damages. They asked: what does Rabbi Shimon ben Menasya hold? If "his neighbor" means strictly an ordinary person, then when it gores an ox of the sanctuary why is he liable? And if "his neighbor" is not strict, then when an ox of the sanctuary gores an ordinary person's ox he should likewise be liable. And if you say he indeed holds "his neighbor" to be strict, yet an ordinary person's ox that gored the sanctuary's is liable because we derive it by inference from minor to major - just as an ordinary person's ox that gored an ordinary person's ox is liable, so when it gores the sanctuary's, all the more so it is liable - it is enough that the law derived by inference be like the case from which it is derived: just as there an innocuous ox pays half damages, here too half damages. Rather, Resh Lakish said: all were included in full damages. When Scripture specified "his neighbor" regarding an innocuous ox, it is for his neighbor's ox that an innocuous ox pays only half damages; but the sanctuary's, even an innocuous ox, pays full damages. For if not so, let the Merciful One have written "his neighbor" regarding the forewarned ox.

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