Exodus 21:35 - Ox damages: shared responsibility?

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Hebrew Text

וְכִי־יִגֹּף שׁוֹר־אִישׁ אֶת־שׁוֹר רֵעֵהוּ וָמֵת וּמָכְרוּ אֶת־הַשּׁוֹר הַחַי וְחָצוּ אֶת־כַּסְפּוֹ וְגַם אֶת־הַמֵּת יֶחֱצוּן׃

English Translation

And if one man’s ox hurt another’s, that he die; then they shall sell the live ox, and divide the money of it; and the dead ox also they shall divide.

Transliteration

Vechi-yigof shor-ish et-shor re'ehu vamet umachru et-hashor hachai vechatzu et-kaspo vegam et-hamet yechatzun.

Hebrew Leining Text

וְכִֽי־יִגֹּ֧ף שֽׁוֹר־אִ֛ישׁ אֶת־שׁ֥וֹר רֵעֵ֖הוּ וָמֵ֑ת וּמָ֨כְר֜וּ אֶת־הַשּׁ֤וֹר הַחַי֙ וְחָצ֣וּ אֶת־כַּסְפּ֔וֹ וְגַ֥ם אֶת־הַמֵּ֖ת יֶֽחֱצֽוּן׃

Parasha Commentary

Context in Jewish Law

This verse (Exodus 21:35) addresses the halachic (legal) principles of damages caused by an ox that gores another ox, falling under the broader category of nezekin (damages) in Torah law. The scenario describes a case where one person's ox fatally injures another person's ox, outlining the financial resolution between the owners.

Rashi's Explanation

Rashi (Exodus 21:35) clarifies that this law applies specifically to an ox that is not a habitual gorer (tam), meaning it has not displayed violent tendencies in the past. In such a case, the owner is only liable for half the damages. The verse instructs that both the live ox (the goring ox) and the dead ox (the victim) should be sold, and their combined value divided equally between the two owners.

Rambam's Legal Analysis

Rambam (Hilchot Nizkei Mammon 1:1-2) elaborates on this ruling, explaining that the division of the live ox and the dead ox ensures fairness. Since the goring ox is still alive and retains value, its sale compensates for part of the loss. The division is not a punitive measure but a means of equitable restitution, reflecting the principle of shared responsibility when damage occurs unintentionally.

Talmudic Discussion (Bava Kamma 34a)

The Talmud explores the nuances of this law, emphasizing that this ruling applies only when the goring ox was not previously known to be dangerous. If the ox had a history of goring (mu'ad), the owner would be liable for full damages. The Talmud also discusses whether the division is based on the actual market value of the oxen or an estimated fair price, concluding that the sale must be conducted honestly to ensure a just outcome.

Midrashic Insight

The Midrash (Mechilta d'Rabbi Yishmael, Mishpatim 12) connects this law to broader ethical teachings, noting that the Torah mandates peaceful resolutions even in disputes over property. The requirement to divide the loss teaches the importance of compromise and mutual responsibility in interpersonal conflicts.

Key Halachic Principles

Partial Liability for a Tam Ox: The owner is only responsible for half the damages if the ox had no prior violent tendencies.
Joint Assessment of Value: Both the live and dead oxen must be appraised and sold to determine fair compensation.
Prevention of Future Harm: The law incentivizes owners to guard their animals carefully to avoid negligence.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 34b

The verse is discussed in the context of damages caused by an ox, specifically regarding the division of the value of the live ox and the dead ox between the owners.

📖 Bava Kamma 15a

The verse is referenced in a discussion about the liability of an owner for damages caused by their ox, particularly in cases where the ox is known to be dangerous.

Frequently Asked Questions

Q: What does Exodus 21:35 mean?
A: Exodus 21:35 discusses the laws of damages when one person's ox injures another person's ox, causing it to die. According to the Torah, both the live ox and the dead ox should be sold, and the proceeds should be divided equally between the two owners. This teaches the principle of shared responsibility in cases of accidental damage.

Q: Why is this law about oxen important in Judaism?
A: This law is part of the Torah's civil and ethical code, emphasizing fairness and responsibility. The Talmud (Bava Kamma 3a) explains that this ruling ensures that neither party bears the full loss alone, promoting justice and peaceful resolution between neighbors. It also teaches the broader concept of being mindful of one's property to prevent harm to others.

Q: How does this verse apply today if we don't have oxen?
A: While we may not deal with oxen today, the principle applies to any situation where one person's property accidentally damages another's. For example, if a car accident occurs due to negligence, Jewish law (based on this verse) would require fair compensation. The Rambam (Hilchot Nizkei Mammon 1:1) extends these laws to modern cases of property damage.

Q: Why do they split the value of both oxen?
A: Rashi explains that since the live ox caused the death of the other ox, it is considered partially at fault. By selling both and splitting the proceeds, the loss is shared fairly. This prevents the owner of the aggressive ox from bearing the full cost while still holding them accountable (Bava Kamma 3b).

Q: What lesson can we learn from this verse?
A: This verse teaches the importance of responsibility and fairness in interpersonal relationships. The Midrash (Shemot Rabbah 30:5) highlights that the Torah's laws promote harmony by ensuring that disputes are resolved justly. It reminds us to be cautious with our possessions to avoid causing harm to others.