1)

What are the connotations of "mi'Temol Shilshom"?

1.

Rashi: It means that the ox gored three times, 1 and has now become a Mu'ad.

2.

Bava Kama, 23b: It means that the ox gored (three times) in three days - but not on the same day. 2


1

"T'mol" is one, and "Shilshom", (another) two (Sifsei Chachamim).

2

Bava Kama (Ibid.): "T'mol, mi'Temol" 'Chad', "Shilshom", 'Trei; "ve'Lo Yishmrenu", 'ha'Idna Chayav'. See Torah Temimah, not 208.

2)

What is the meaning of "ve'Hu'ad bi'Va'alav"?

1.

Rashi: It means that the Din Mu'ad will only apply if the owner is warned 1 after each of the three initial gorings.

2.

Bava Kama: From "Ve'heimis Ish O Ishah" until "ve'Gam Be'alav Yumas", we can extrapolate that the ox must have the same owner 2 from the time it killed until the conclusion of the Din. Consequently, if, after the ox gores, the owner declares it Hekdesh or Hefker, 3 the ox is not stoned.

3.

Mechilta: It teaches us that the ox is not Chayav to be stoned unless the owner has been warned. 4 .

4.

Bava Kama, 13b: It implies that Beis-Din may not accept witnesses unless the owner of the ox is present ('Let the owner of the ox come and stand by his ox!'). 5


1

As in Bereishis 43:3 (Rashi).

2

See Torah Temimah, note 210, who discusses the Din where the animal has an owner throughout, but not the same one.

3

See Torah Temimah note 209.

4

Before Beis-Din have declared it a Mu'ad. See also Torah Temimah, note 212.

5

See Torah Temimah, note 211.

3)

Why does the Torah write "Be'alav" in the plural?

1.

Rashi: 'Ba'al; is one of the words that is commonly written in the plural. 1


1

See Rashi in Vayeira Bereishis, 20:13.

4)

What are the connotations of "ve'Lo Yishmerenu"?

1.

Bava Kama, 45b: It means that if the owner tied it with its reins and locked the barn door, and the ox nevertheless exited the barn and damaged, the Shor Mu'ad 1 is Patur. 2

2.

Mechilta: It comes to include a Shomer Chinam in the Din of Shor Tam and Mu'ad. 3


1

Bava Kama, Ibid.: Though a Shor Tam is Chayav.

2

Bava Kama (Ibid.): Since the Torah writes "ve'Lo Yishmerenu Be'alav" - and the animal was guarded. The owner is however Chayav to pay Chatzi Nezek for the 'Tzad Tamus'. See Torah Temimah, note 213.

3

See Torah Temimah, note 214.

5)

Having already written "u'Meis" (in Pasuk 28), why does the Torah insert the word "ve'Heimis"?

1.

Rashi: To teach us that 'goring' is La'av Davka, and that the same Din will apply if the animal kills a person by biting, pushing or kicking 1 him.


1

Moshav Zekenim: Also these are Toldos of Keren. If the damager benefits, it falls under the category of Shen, and if it normally happens when it walks, it falls under the category of Regel. There is Kofer for Shen and Regel, but the animal is not killed.

6)

What sort of Misah is the owner of the ox subject to?

1.

Rashi, Ramban (citing the Mechilta), Rashbam, Seforno and Targum Yonasan: He is Chayav Misah bi'Yedei Shamayim. 1

2.

Targum Onkelos: He is Chayav Misas Beis-Din. 2


1

Rashbam: Unless he pays Kofer. Seforno: provided there are witnesses. And we learn this from the words "Mos Yumas ha'Makeh, Rotze'ach Hu" [Bamidbar 35:21], in connection with a murderer), implying that a murderer is Chayav through Beis-Din for his own act of murder, but not for an act perpetrated by his ox (Rashi). According to the Ramban, the Lashon "Yumas" implies Shamayim, like we find in Bamidbar (18:7) and in Vayikra (22:9).

2

See Ramban.

7)

Why does the Torah find it necessary to add "O Ishah"?

1.

Kidushin, 35a: To teach us that one is Chayav Misah or Kofer for the death of a woman just like one is Chayav for the death of a man.

2.

Bava Kama, 42b (citing R. Akiva): To compare a woman to a man, inasmuch as, in the event that she dies, damages that are owed to her go to her heirs - and not to her husband. 1


1

See Torah Temimah, note 216.

8)

What are the ramifications of the comparison of the ox to his master - "ha'Shor Yisakel ve'Gam Be'alav Yumas"?

1.

Bava Kama, 44b: To sentence the ox to death even if it meant to gore Reuven 1 and it inadvertently gored Shimon - just as its owner would be. 2

2.

Bava Kama, 45a: To require the presence of the ox when it is sentenced to death, just as the owner would have to be present if he was being sentenced. 3

3.

Sanhedrin, 2a: To require a Beis-Din of twenty-three to sentence the ox to Sekilah, just as its owner would. 4

4.

Sanhedrin, 78a: To exempt the ox of a person who is a T'reifah from Sekilah, as well as an ox that is itself a T'reifah, just as he would be Patur if he was being judged for Misah. 5


1

But if the ox did not intend to kill at all, the owner is Patur. See Torah Temimah, note 217.

2

Sanhedrin, 15b: The Pasuk cannot be coming to teach us that the owner of the ox is Chayav Misah bi'Yedei Adam. Refer to 21:29:7:1 and to 21:29:4:1*.

3

As the Torah writes in Bamidbar 35:12 "Ad Amdo Lifnei ha'Eidah la'Mishpat". See also Torah Temimah, note 218, who elaborates.

4

See Torah Temimah, note 219.

5

See Torah Temimah, note 221.

9)

What are the connotations of "ve'Gam Be'alav Yumas"?

1.

Targum Yonasan and Mechilta: The Torah is referring to Misah bi'Yedei Shamayim. 1

2.

Sanhedrin, 16b: The Torah writes "ve'Gam Be'alav Yumas" in order to compare the Misah of the ox to the Misah of its owner. 2


1

Mechilta: Since the Pasuk continues "Im Kofer Yushas comes", and redemption from death is applicable only to someone who is Chayav Misah bi'Yedei Shamayim. See Torah Temimah, note 223, who elaborates.

2

Refer to 21:29:6:1-4. Sanhedrin, Ibid., and 2:29:4:1*.

QUESTIONS ON RASHI

10)

Rashi writes that "Veheimis" includes other ways that it killed. If so, why does the Torah write (Pasuk 28) "ve'Chi Yigach"?

1.

Riva (citing R"A): If not for "ve'Chi Yigach", we would have thought that he is liable only if it killed like other killers, but not through goring.

2.

Bartenura: It needed to teach us that Negichah is one of the four Avos Nezikim.

11)

Rashi writes that "Veheimis" includes other ways that it killed. Why is this necessary? They are Toldos (derivatives) of goring (Bava Kama 2b)?

1.

Gur Aryeh: We can learn from logic [that they are Toldos, and one is Chayav to pay], but we cannot kill the ox from logic; for that, we need a Pasuk.

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