Wyjścia 21:28 Komentarz: Tze'enah Ure'enah, Rashi, Chizkuni & Da'at Zekenim

“When an ox gores a man” [21:28]. When an ox gores a person and he dies, they should stone the ox and no benefit should be derived from that ox. However, if the ox used to gore and he was warned three times and the ox killed a person, then they will put that person to death because he had not locked up the ox. Bahya asks a question. Why is it written, “if it will gore,” when it gores a person, and when an ox gores another ox it is written, “if it bumps” [21:35]? The explanation is that the person has a constellation in heaven, so that the ox cannot immediately gore him and kill him. Therefore, it is written, if he gores. That is to say, he must come with great power to gore the person, but the animal has no constellation in heaven. Therefore, the ox can kill another animal immediately. Therefore, it is written, if he will bump. That is, he kills him as soon as he encounters him. The Talmud in [tractate] Ta’anit, chapter one, said. When three people die in one day, it is not called an ether. However, when three people die in three days, one after another, this is called an ether. Also, when the ox gores three times, one after another, the ox is not yet declared dangerous, that he should be called a goring ox and the owner should be responsible for him. However, when the ox gores three days in a row, once every day, then he is called a dangerous ox, and he is responsible if her does not lock him up.²⁶Bahya, Exodus, 21:28.

Even though we do not pass judgment now when an ox gores a person, yet we excommunicate the person who keeps an animal or vicious dog in his house who does damage to people. Each person should be warned not to throw things in the street where people go, so that they should not stumble over it or become besmeared with it. The pietists used to pick up broken glass, not to throw it in the street, and they buried this broken glass deep in the earth so that no person should stab himself with it. A story occurred to a person who was throwing stones from his field into the street where many people used to go. A pietist came and said to him: why are you throwing things from a field that is not yours? That person mocked him. Not long afterwards, that same person had to sell his field and fell over the same stones that he had thrown into the street. The person said: the pietist spoke very truthfully that I should not throw things out from a stranger’s field that is not mine into the street which I have a share in it. The street is free to the whole world; the whole world walks on it.²⁷Bahya, Exodus, 21:29. From here we should learn to be warned not to pour or throw things into the street where many people go. There are many kinds of unclean water that harm the person who steps in it. The Holy One will punish him with great suffering, just like the person was punished and had to sell his field.

וכי יגח שור AND IF AN OX THRUST — This law applies to an ox as well to any other cattle, wild beast or fowl, but Scripture mentions the ox, because it speaks of what usually occurs (Bava Kamma 54b).