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Baba Kama 4:4-5

Baba Kama 4:4

If the ox of a person with all his senses functioning gored the ox of a person with congenital deafness, of a person lacking mental competence or of a minor, the owner is liable. If an ox belonging to a person with congenital deafness, one lacking mental competence or a minor gored the ox of a person with all his senses, he is exempt. If the ox of a person with congenital deafness, one lacking mental competence or a minor gores, the court appoints someone to administer their affairs and this person is warned regarding the ox. If the person with deafness or mental incompetence regains the sense, or if the minor comes of age, Rabbi Meir says that the ox reverts to the status of a tam (i.e., it loses the presumption that it will gore). Rabbi Yosi says that it remains a muad (i.e., it retains the presumption that it will gore). An ox that was trained to gore (such as for gladiatorial bouts) is not subject to stoning for goring because Exodus 21:28 specifies “if it gores.” This excludes an ox that was conditioned to gore.

Baba Kama 4:5

If an ox gored a person who died as a result, the owner of a muad pays the deceased’s heirs a fine but the owner of a tam does not. Either kind of ox, however, is put to death by stoning. The same is true regardless of whether the ox killed a boy or a girl (as opposed to an adult). If the ox killed a male or a female servant, the owner pays 30 sela regardless of whether the servant was worth 100 zuz (a lot of money) or one dinar (a little money).

Author: Rabbi Jack Abramowitz