א֣וֹ נוֹדַ֗ע כִּ֠י שׁ֣וֹר נַגָּ֥ח הוּא֙ מִתְּמ֣וֹל שִׁלְשֹׁ֔ם וְלֹ֥א יִשְׁמְרֶ֖נּוּ בְּעָלָ֑יו שַׁלֵּ֨ם יְשַׁלֵּ֥ם שׁוֹר֙ תַּ֣חַת הַשּׁ֔וֹר וְהַמֵּ֖ת יִֽהְיֶה־לּֽוֹ׃ (ס)
Atau jika diketahui bahwa lembu itu memang sudah biasa menanduk sejak kemarin dan kemarin dulu, tetapi pemiliknya tidak menjaganya, ia harus membayar ganti rugi sepenuhnya, lembu ganti lembu, dan lembu yang mati itu menjadi milik orang yang dirugikan.
Mekhilta DeRabbi Yishmael
"and the owner were warned": We are hereby apprised that he is not liable unless he was warned. "and he did not guard it": to bring (even) a non-paid watcher. Variantly: "and he did not watch it": as befits it — whence they ruled: If he watched it as befits it, he is not liable; if not as befits it, he is liable. If he tied it with a harness and it freed itself and damaged, he is liable for both a tam and a mued, it being written (Ibid. 36) "and its owner did not guard it" — and this is not considered guarding. These are the words of R. Meir.
Mekhilta DeRabbi Yishmael
R. Yehudah says: For a tam he is liable; for a mued, he is not liable, it being written (of the latter) "and its owner not guard it" — and this is considered guarding.
Mekhilta DeRabbi Yishmael
"Money shall he restore to its owner': This tells me only of money. Whence do I derive the same for a beast? (i.e., that he may pay with a beast.) It follows, viz.: It is written here "and the carcass shall belong to him," and elsewhere, (Exodus 21:36) "Then shall he pay an ox for an ox, and the carcass shall belong to him. Just as there (he pays) a beast, so, here (he may pay) a beast. Just as here, money; so, there, money.