Study Bava Kamma folio 11A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
יביא עדים שנטרפה באונס, ופטור. אבא שאול אומר: יביא עדודה לבית דין.
This means that the bailee should bring witnesses that the animal was mauled through circumstances beyond his control, and based on their testimony he is exempt from liability. Abba Shaul says: The word ed should not be interpreted as witness, but as carcass. Accordingly, the bailee should immediately bring the carcass [aduda] to court in order to appraise its current value.
What, is it not so that they disagree about this matter: That one Sage, Abba Shaul, holds that the loss due to the diminishing value of the carcass is sustained by the injured party, and so there is a need to appraise its value immediately in order to correctly assess how much the one liable for the damage must pay, and the other Sage, the first tanna, holds that the loss due to the diminishing value of the carcass is sustained by the one liable for the damage because the Torah granted him ownership of it.
לא, דכולי עלמא דניזק, והכא בטורח נבילה קמיפלגי;
The Talmud rejects this: No, everyone agrees that the loss due to the diminishing value of the carcass is sustained by the injured party, since he owns it, and here they disagree concerning who must go to the effort of retrieving the carcass and transporting it to the court to be appraised.
והתניא, אחרים אומרים: מניין שעל בעל הבור להעלות שור מבורו – תלמוד לומר: ״כסף ישיב לבעליו, והמת״.
And so it is taught in a baraita: Others say: From where is it derived that it is incumbent upon the owner of the pit to raise the ox from his pit after it was killed by falling into it? The verse states: “The owner of the pit should pay; he should restore money to its owner, and the carcass should be his” (Exodus 21:34). They read the term “and the carcass” as a second subject of the term “he should restore.” It therefore indicates that the one liable for the damage must restore the carcass to the injured party by retrieving it. The fact that this opinion is introduced with the phrase: Others say, suggests that it stands in opposition to another opinion. That other opinion apparently holds that the owner of the injured animal is responsible for retrieving the carcass.