Sunday, February 8, 2009

Bava Kamma 42 - Can't Benefit From This Ox (Torts)

"If an ox shall gore a man or a woman and he shall die, the ox shall surely be stoned; its flesh may not be eaten, and the owner of the ox shall be innocent."

Since "... the ox shall surely be stoned..." means that it died without proper slaughtering and is forbidden for consumption, "...its flesh may not be eaten..." teaches that even if the owner slaughtered it, its meat is still prohibited.

And "...the owner of the ox shall be innocent (clean)..." teaches that he can't sell it, as people say, "so-and-so has gone out clean of his possessions."

Art: Cook with Food by Frans Snyders

2 comments:

Matt Chanoff said...

Seems to contradict yesterday's comment about a redemption payment.

Mark Kerzner said...

Matt, if you look up the links in both posts, you will see that one is referring to a case where the ox was not known to gore - the owner is "clean," and the next one is referring to a case where the ox was known to gore, and here the owner is "killed."

More precise analysis explains that "clean" means "clean of his possessions" and "killed" means that he is liable to die but instead pays a redemption payment for his soul.