Proving an Animal Was Torn and Who Keeps the Carcass

Yalkut Shimoni on Torah 346:21

"If it is indeed torn, let him bring it as evidence; he shall not pay for that which was torn" (Exodus 22:12). It was taught: "if it is indeed torn, let him bring it as evidence" - let him bring witnesses that it was torn by accident, and he is exempt. Abba Shaul says: let him bring the torn carcass to the court, and so forth. All agree that the depreciation of the carcass belongs to the injured party; here they differ about the labor of handling the carcass. But was it not taught: Others say, from where do we know that the owner of the pit must raise the ox from his pit? Scripture says, "he shall return money to its owner, and the dead beast shall be his" (Exodus 21:34). Abaye said to Rava: what is the case? If we say the carcass in the pit is worth a zuz and bound up out of the pit it is worth four, then when he labors he labors for his own benefit! He said to him: no, it is necessary in a case where the carcass in the pit is worth a zuz and bound up it is also worth only a zuz. But is there such a case? Yes, for people say: an ox in the town goes for a zuz, an ox in the field goes for a zuz.

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