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19 - Palga nizka: the nature of the payment of half-damages to which the owner of a goring ox is liable

Published online by Cambridge University Press:  06 January 2010

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Summary

The sugya is Bava Kama 15a–b. Based on Exodus 21: 35–6, a distinction is made between an ox that has only gored once or twice and an ox that has gored three times. The former is known as tam (‘docile’, ‘tame’), the latter as mu'ad (‘warned’, ‘an habitual gorer’). If a mu'ad gores another animal the owner of the goring ox has to pay the full amount of the damage but the owner of a tam that gores only has to pay a half of the damage. A second distinction between the two is that the owner of a mu'ad is liable to make good the damage out of his own pocket, irrespective of the value of his ox, but the owner of the tam is only liable to pay out of the value of his ox. If the goring tam is not worth half the amount of the damage the owner is not obliged to make good the remainder out of his own pocket. A further law on which our sugya is based makes a general distinction between payment that is for the purpose of compensation and payment that is for the purpose of imposing a fine. The former is known as mamona, ‘money’, i.e. an amount to which a victim is entitled because of his loss. The latter is known as kenasa, ‘a fine’, the purpose of which is not to compensate the victim but to penalise the victimiser. For example, if a man steals another's property and is later found out, he has to pay double the amount he had stolen.

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The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 182 - 190
Publisher: Cambridge University Press
Print publication year: 1984

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