Commento su Esodo 21:34

בעל הבור THE OWNER OF THE PIT [SHALL PAY FOR IT] — This means the one who occasioned the damage. Although the pit was not his, — for he dug it in the public thoroughfare, — Scripture regards him as its “owner” (בעל הבור) in so far that he becomes responsible for the damage caused by it.

AND THE DEAD BEAST SHALL BELONG TO HIM — “to the one who suffered the damage. We make an estimation of the value of the carcass and he takes it in part payment and the one who caused the damage, [the owner of the pit], pays him in addition as much as makes up the value of his damage.” This is Rashi’s language. But he did not explain the law sufficiently. For there is no need for Scripture to tell us concerning this carcass that the one who suffered the damage must take it in part payment, when he brings it before the court to collect his damage; for even if the one who caused the damage had other carcasses that were carrion, or flesh that was treifah¹⁸⁹Any animal suffering from a serious organic disease, whose meat is forbidden even if ritually slaughtered. in his possession, he can give it to him in part payment, it being already established¹⁹⁰Baba Kamma 7a. that restitution for damages need not be in money, but may “include anything of value, even bran.” Rather, the meaning of the verse is to state that the carcass belongs to the one who suffered the damage and is considered his property; therefore if its value decreased after the damage was caused, or it was stolen, the one who caused the damage, [the owner of the pit], pays only the loss in value caused by the death of the animal. Thus if the ox that was killed was worth when alive one hundred zuzim, and upon its death became worth fifty, the one who caused the damage is liable to pay only fifty zuzim, and the other attends to his carcass [removing it from the pit], and keeps it for himself.¹⁹¹He may use its hide for leather, and its flesh to feed the animals, or he may sell it for such uses. This law applies to all damages, and it is what the Sages call: “the loss in the carcass’ value,” and is explained in the Gemara.¹⁹²Ibid., 34a. [See in my translation of Hameniach, Shulsinger Bros., New York, 5729, p. 65.]

בעל הבור, either the one opening a pit which had been covered, or the one having excavated a pit and not completed it is considered by the Torah as בעל, its owner, in a negative sense, i.e. responsible as if he were the owner for any damage he caused.