Êxodo 21:31 Midrash: Mekhilta DeRabbi Yishmael

R. Shimon b. Yochai said: Why was this (gezeirah shavah ) stated? Even without it, it follows a fortiori, viz.: If in a "place" — killing others — where minors are not equated with adults (— adults being liable; minors not —) — (If in such a place) minors are equated with adults (to impose liability) for their being killed — then in a place where "minors" are equated with "adults," (a young ox as well as a grown ox being stoned for killing a man) — how much more so should minors be equated with adults (to impose liability) for their being killed! — No, this may be true there, where intent (to damage) was equated with non-intent relative to (payment for) damages, wherefore minors were equated with adults in being killed, as opposed to our instance, where non-intent is not equated with intent, (the "horn" of the ox imposing liability only where the ox butts intentionally), wherefore we would say that minors are not equated with adults (to impose liability) for their being killed. It must, therefore, be written "Or if it gore a son or if it gore a daughter," "gore" being extra for purposes of formulating an identity, as above.

(Exodus 21:31) "Or if it gore a son, or it gore a daughter": Why is this stated? (Ibid. 29) "and it kill a man or a woman" tells me only of adults. Whence do I derive (the same for) minors? From "Or if it gore a son, or it gore a daughter." This tells me only of a distinct son or daughter. Whence do I derive (the same for) a tumtum (one of indeterminate sex) or a hermaphrodite? From "Or if it gore a son, or it gore a daughter." This tells me only of another's son or daughter. Whence do I derive (the same for) his own son or daughter? From "Or if it gore a son, or it gore a daughter" — in any event. This tells me only of (its goring) an Israelite. Whence do I derive the same for a proselyte? From (Ibid. 12:49) "One Torah shall there be for the citizen and for the proselyte."

(Exodus 21:31) "If the ox gore a man-servant or a maid-servant." These, too, were in the class of "and it kill a man or a woman," and Scripture singled them out for both lenity and severity. For lenity — If he were worth a hundred maneh, he pays thirty selaim. For severity — If he were worth only a dinar, he pays thirty selaim.