Bava Kamma 38A

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Text Excerpt

Because if so, if one whose ox gores a consecrated ox is exempt from liability, let the verse write this phrase: “Of another,” with regard to the case of a forewarned ox. One could then infer that the owner is exempt from liability in the case of an innocuous ox as well, as the liability with regar

§ The Mishnah teaches: With regard to an ox of a Jew that gored the ox of a non-Jew, the owner of the belligerent ox is exempt from liability; whereas if a non-Jew’s ox gores a Jew’s ox, the owner is liable to pay the full cost of the damage. The rabbis said: This statement is difficult whichever

R' Abbahu said that the reason for this ruling is that the verse states: “He stood and shook the earth; He beheld, and made the nations tremble [vayyatter]” (Habakkuk 3:6). This is homiletically interpreted to mean that God saw the 7 mitzvot that the descendants of Noah accepted upon themselves to f

R' Yoḥanan said that the source for this halakha is from here: It is stated in reference to the giving of the Torah: “YHWH came from Sinai and rose from Seir unto them; He appeared from Mount Paran” (Deuteronomy 33:2), which is homiletically interpreted to mean: From the time God came from Mount Pa

This is also taught in a baraita: With regard to an ox of a Jew that gored the ox of a non-Jew, the owner of the belligerent ox is exempt from liability. By contrast, with regard to an ox of a non-Jew that gored the ox of a Jew, whether it was innocuous or forewarned, the owner of the belligerent