Cytowanie Komentarza do Wyjścia 21:30

Introduction Today’s mishnah deals with the warned ox, the “muad.” This is an ox that has gored three times. The owner of a “warned ox” that kills a person is liable to pay the value of the person (see Exodus 21:30). However, if the ox kills a slave, he pays 30 shekels no matter the value of the slave (vs. 32).

If a man brought his ox into the courtyard of a householder without permission and the householder’s ox gored it or the householder’s dog bit it, the householder is not liable. If [the first man’s ox] fell into [the householder’s] cistern and polluted its water, he is liable. If [the householder’s] father or son was in [the cistern and it killed them] the ox’s owner must pay the ransom price. But if he had brought his ox in by permission the owner of the courtyard is liable.
Rabbi says: “In no case is [the householder] liable unless he had agreed to watch over it.
The first two clauses of mishnah three are similar to what we learned in the previous mishnah. We again learn that if a person brings his belongings onto another person’s property without permission and they are damaged he will not receive compensation and if they cause damages he is liable. In clause b we learn an additional law. If when falling into the cistern the ox kills a person, the owner of the ox is obligated to pay the ransom price mentioned in Exodus 21:30. As we learned in chapter four mishnah 5 when an ox kills a person, the owner of the ox is obligated to pay a ransom price to the family of the deceased. In our mishnah we learn that falling into a cistern is similar enough to goring that the ox’s owner is obligated.
At the end of this mishnah we learn that Rabbi (Rabbi Judah Hanasi) holds an opinion different from that held in the anonymous previous portions of the mishnah. According to Rabbi, allowing a person to enter one’s property is not tantamount to accepting upon oneself the obligation to watch over that person’s belongings. When I allow you to bring your belongings onto my property, I may still assume that you will watch over your things. Therefore, if they cause damage you are still obligated and if they are damaged I am exempt. According to Rabbi, a person does not accept the responsibility for watching the belongings until he states so explicitly. The other opinion in the mishnah held that by allowing a person to enter one’s property on is implicitly accepting upon himself the responsibility for that person’s belongings.

so hat er dessen Wert zu zahlen. den Wert, den er als Leibeigener gehabt haben würde, das ist nach der Halacha unter פדיון נפשו (Exod. 21, 30) zu verstehen.

for I will favor him Heb. כי אם, because I will favor him to accept his prayer (thus the word אִם is used for “that”), and likewise (Gen. 24:19), “until (עד אם) they have finished drinking”; (Ex. 21:30), “in which case (אם) an atonement is placed on him,” and many others.