Is it Natural for an Ox to Gore?

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It was stated (Bava Kamma 15) : Concerning the payment of half damages (which are paid when a tame ox gores another animal; if the ox did not gore three times, it is regarded as an abnormal act and the animal was not intending to inflict damage; this is called a tam), Rav Papa says: This is regarded as a compensation payment. Rav Huna the son of Rabbi Yehoshua says: The half damages are considered a fine.

The Gemora explains: Rav Papa says that the half damages are regarded as a compensation payment, for an ordinary ox is not considered guarded in respect to these types of ‘abnormal’ damages and the owner should really be liable to pay completely for its damages. The Torah had compassion on him since his ox was not yet warned (three times) and ruled that he is only required to pay for half the damage (hence the half damages that he does pay is considered compensation). Rav Huna the son of Rabbi Yehoshua says that the half damages are considered a fine, for an ordinary ox is considered guarded in respect to these types of ‘abnormal’ damages and the owner should really be exempt completely from paying for its damages. The Torah penalized him and ruled that he is required to pay half in order that he will watch his ox better in the future (hence the half damages are considered a fine).

Reb Dovid Pervarsky writes that this is not a factual dispute if ordinary oxen are accustomed to gore or not. Rather, the argument can be explained as follows: Rav Papa maintains that it is inherent in the nature of an ox to gore. Sometimes it will not gore because it does not feel the desire to gore at that time. When the animal does gore, it is not considered an abnormality at all. Rav Huna the son of Rabbi Yehoshua holds that it is not natural for an ox to gore at all; when it does gore, it is regarded as an abnormality.

Reb Dovid is not comfortable with this explanation of the argument, for the Gemora’s language is that an ordinary ox is not considered guarded; if the animal is not goring (for whatever reason), it should be considered “guarded”!?

He therefore concludes that this is the explanation: Rav Huna the son of Rabbi Yehoshua holds that it is not natural for an ox to gore at all; if it does gore, it cannot be labeled as a “damager,” since the ox was considered guarded. Rav Papa, however, maintains that it is in the nature of an ox to gore, and when it gores, it can be labeled a “damager.” This is what obligates the owner to watch his animal even though it is not accustomed to goring.

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Can a Tereifah Have Children?

The Gemora cites a braisa (Daf Yomi: Gittin 43a) : If an ox kills one who is a half-slave, half-free man, the (ox) owner gives half the fine (if the ox is a habitual gorer, the owner must pay thirty shekels as a penalty) to his master and half the kofer payment (the value of the victim as determined by what price he would have fetched at the slave market; this serves as an atonement for the owner of the ox) to the slave’s heirs. The Gemora points out that if the kiddushin of a half-slave, half-free man is invalid, how does he have inheritors?

Rav Adda bar Ahavah answers: The case is where he was gored and made a tereifah (deathly ill, where he was going to eventually die from his wounds). The “inheritors” referred to here actually means to the slave himself.

Rava retorted that there are two reasons to refute this answer. One is that the braisa says the money is given to his inheritors (not himself). Additionally, the payment is kofer, and Rish Lakish says that kofer is only paid after an actual death (not when someone is made deathly ill)!

The Peri Chadash asks: Why couldn’t the Gemora use the following case? He was gored and rendered a tereifah. The ox owner is required to pay the penalty after he dies. Before he died, however, the master emancipated him, he married and begot children. Afterwards, he died, and the ox owner should now be obligated to pay to his heirs!?

He proves from this that it must be that a tereifah is not capable of having children.

The Chazon Ish asks that even if we will assume that a tereifah cannot have children, there is another possibility. He was gored and injured so badly that he was dangerously close to death (yet he was not ruled to be a tereifah). The ox owner is required to pay the penalty after he dies. Before he died, however, the master emancipated him, he married and begot children. Afterwards, he died due to the injury, and the ox owner should now be obligated to pay to his heirs!?

He answers that a slave has no lineage, and therefore any children born from him while he was a slave are not regarded as his children. After he is emancipated, and now his children are considered his children, that is only for all matters that are applicable after his death. However, with respect to the obligation of the kofer payment, that is a payment that is owed to the victim’s heirs. If, at the time he was gored, he did not have any inheritors, the owner will not be obligated to pay to the heirs that came about at a later date.

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IS IT NATURAL FOR AN OX TO GORE?

The Gemora (Kesuvos 41a) states: Concerning the payment of half-damages (which are paid when a tame ox gores another animal; if the ox did not gore three times, it is regarded as an abnormal act and the animal was not intending to inflict damage; this is called a tam), Rav Papa says: This is regarded as a compensation payment. Rav Huna the son of Rabbi Yehoshua says: The half- damages are considered a fine.

The Gemora explains: Rav Papa says that the half-damages are regarded as a compensation payment, for an ordinary ox is not considered guarded in respect to these types of ‘abnormal’ damages and the owner should really be liable to pay completely for its damages. The Torah had compassion on him since his ox was not yet warned (three times) and ruled that he is only required to pay for half the damage (hence the half-damages that he does pay is considered compensation). Rav Huna the son of Rabbi Yehoshua says that the half- damages are considered a fine, for an ordinary ox is considered guarded in respect to these types of ‘abnormal’ damages and the owner should really be exempt completely from paying for its damages. The Torah penalized him and ruled that he is required to pay half in order that he will watch his ox better in the future (hence the half-damages are considered a fine).

Reb Dovid Pervarsky writes that this is not a factual dispute if ordinary oxen are accustomed to gore or not. Rather, the argument can be explained as follows: Rav Papa maintains that it is inherent in the nature of an ox to gore. Sometimes it will not gore because it does not feel the desire to gore at that time. When the animal does gore, it is not considered an abnormality at all. Rav Huna the son of Rabbi Yehoshua holds that it is not natural for an ox to gore at all; when it does gore, it is regarded as an abnormality.

Reb Dovid is not comfortable with this explanation of the argument, for the Gemora’s language is that an ordinary ox is not considered guarded; if the animal is not goring (for whatever reason), it should be considered “guarded”!?

He therefore concludes that this is the explanation: Rav Huna the son of Rabbi Yehoshua holds that it is not natural for an ox to gore at all; if it does gore, it cannot be labeled as a “damager,” since the ox was considered guarded. Rav Papa, however, maintains that it is in the nature of an ox to gore, and when it gores, it can be labeled a “damager.” This is what obligates the owner to watch his animal even though it is not accustomed to goring.

Read more!