Study Bava Kamma folio 44B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ואכתי צרורות נינהו! אמר רב מרי בריה דרב כהנא: דקאזיל מיניה מיניה.
The Talmud asks: But still, is it not a case of pebbles? Is this case not analogous to damage caused by pebbles inadvertently propelled from under the feet of an animal while it is walking, which is not considered damage caused directly by the ox, but rather, damage caused indirectly? Ransom is not imposed for such indirect killing. Rav Mari, son of Rav Kahana, said: It is a case where the wall gradually gave way under the pressure applied by the ox, and so while the ox was still pushing the wall it collapsed and killed the person.
תניא כוותיה דשמואל – ותיובתא דרב: יש חייב במיתה ובכופר, ויש חייב בכופר ופטור ממיתה, ויש חייב במיתה ופטור מן הכופר, ויש פטור מזה ומזה.
It is taught in a baraita in accordance with the opinion of Shmuel, and this baraita is a conclusive refutation of the opinion of Rav: There are cases where the ox is liable to be put to death and the owner is liable to pay ransom, and there are cases where the owner is liable to pay ransom but the ox is exempt from being put to death, and there are cases where the ox is liable to be put to death but the owner is exempt from paying ransom, and there are cases where they are exempt from this punishment and from that one.
הא כיצד? מועד בכוונה – חייב במיתה ובכופר. מועד שלא בכוונה – חייב בכופר ופטור ממיתה. תם בכוונה – חייב במיתה ופטור מכופר. תם שלא בכוונה – פטור מזה ומזה.
How so? In a case where a forewarned ox kills a person intentionally, the ox is liable to be put to death and the owner is liable to pay ransom; if a forewarned ox kills unintentionally, the owner is liable to pay ransom but the ox is exempt from being put to death; if an innocuous ox kills intentionally, the ox is liable to be put to death but the owner is exempt from paying ransom; and if an innocuous ox kills unintentionally, they are exempt from this punishment and from that one. The baraita states explicitly that although a forewarned ox that kills a person unintentionally is exempt from being put to death, its owner is liable to pay ransom, in accordance with Shmuel’s opinion, and in contrast with Rav’s opinion.