Êxodo 21:29 Midrash: Ein Yaakov (Glick Edition), Mekhilta DeRabbi Yishmael & Midrash Tanchuma

(Fol. 19) "The king must not act as a judge, nor be summoned before court." R. Joseph said: This is concerning the kings of Israel; but the kings of the house of David may act as a judge, and can be summoned before court, as it is written (Jer. 21, 12) O house of David, thus said the Lord: Exercise justice on every morning. And if they were not be summoned before court, how could they judge? Behold! it is written (Zeph. 2, 1) Gather yourself together. And Resh Lakish said: "This means first correct thyself, then correct others." Why then is it prohibited to the Kings of Israel? Because of the incident which happened with the slave of King Janai, who murdered a person. Simon b. Shetach said to the sages: "Notwithstanding that he is the slave of the king, he must be tried." They sent word to the king: "Your slave has killed a man." And Janai sent his slave to them to be tried. Whereupon they sent to him: "You also must appear before the court, for the Torah says (Ex. 21, 29) Warning has been given to its owners — i.e., the owner of the ox must appear at the time the ox is tried." He then came and took a seat. "Arise King Janai," said Simon b. Chetach, "so that the witnesses shall testify while you stand; yet not for us do you rise, but for Him who commanded and the world came into being, as it is said (Deut. 19, 17) Stand before the Lord." And the king answered: "It must not be as you say, but as the majority of your colleagues shall decide." (Ib. b) Simon then turned to his right, but they cast their eyes down (were afraid to give their opinion). He turned to his left, and they also cast their eyes down. Simon b. Shetach exclaimed: "You are entertaining consideration [of fear] in your mind! May the One who knows [man's] thoughts take revenge upon you." Thereupon Gabriel came and smote them to the floor, and they died. At that time the sages decreed that a king should neither act as a judge nor appear before court; neither be a witness, nor can anyone testify against him.

"And if men quarrel": This tells me only of men. Whence do I derive (the same for) women? R. Yishmael says: Since all of the injuries in the Torah are unqualified (as to women) and Scripture specified one as pertaining to women as well as to men (viz. Exodus 21:29), so, I specify all injuries in the Torah as applying to women as well as to men.

R. Yoshiyah says: (If men and women are equated,) let neither a man or a woman be stated (in 21:29). "Because it is written (Ibid. 33) "If a man open a pit," this tells me only of a man, whence do I derive (the same for) a woman? From (29) "a man or a woman," to equate a woman with a man for all of the injuries of the Torah.