Halakhah for Exodus 21:26

The commandment on the court to judge the damages of an animal: To judge in the case of a damaging ox - whether it [injures] a person, as it is written in the section of (Exodus 21:28), "If it gores," or whether it damages [assets], as it is written in the section of (Exodus 21:35), "If it hurts (yigof)." And the main understanding of hurting [here] is to push (Rashi on Exodus 21:35). However, whether it damages with its body or its feet, or it bites with its teeth, or even if it damages with its horns, it is all implied by the expression of hurting. But goring only implies with the horn (Bava Kamma 2b). [Still,] the [other] injuries of a man by an ox have already been included; as it is written in the section of "If it gores," "and it kills" (Exodus 21:26) - since it implies killing in any case, whether it is with goring or whether it is with other things (Mekhilta d'Rabbi Yishmael 21:28:2). And it is not specifically an ox, but rather we are even obligated for any domesticated animal or wild animal or bird that has damaged. [However], it is only that the verse stated [that] which was common. And we have already said that all of the commandments that come about the matter of justice have one root to them and it is a rational thing. And [so] I do not have to review it with each and every one.

That is that He commanded us about the law of the Canaanite (gentile) slave. And that is that we enslave him forever, and that he only [attain] freedom through [the master's destruction of his] tooth or eye - and the law is the same for other limbs that do not regenerate, as appears in the received explanation. And that is His saying, "you shall enslave them forever" (Leviticus 25:46); and it is written "When a man strikes, etc." (Exodus 21:26). And the language of the Gemara, Gittin (Gittin 38a), is, "Anyone who liberates his slave transgresses a positive commandment, as it is written, 'you shall enslave them forever.'" But it comes in the Torah that he is freed with a tooth and an eye. And the regulations of this commandment have already been completely explained in Kiddushin and Gittin. (See Parashat Behar; Mishneh Torah, Slaves 5.)

That is that He commanded us about the law of one who injures his fellow. And that is His, may He be exalted, saying, "And when men quarrel" (Exodus 21:26); and this is called, fines. And a verse already came that includes all of the laws of fines - and that is His, may He be exalted, saying, "as he has done, so shall it be done to him" (Leviticus 24:19): That [which is] taken away from him is in exchange for that which he hurt him, according to the measure of the hurt - as it appears in the tradition. And even if it was only that he embarrassed him; behold he is fined this measure of his money. And you should know that all of these laws of fines that are laws between one person and another - and likewise, when an animal damages a person or a person damages an animal - are indeed only judged and fined by a court of those who have been ordained in the Land of Israel. And the details of the law of this commandment have already been explained in Chapter 1 of Bava Kamma. (See Parashat Mishpatim; Mishneh Torah, One Who Injures a Person or Property 1.)