Frequently Asked Questions
Q: What does Exodus 21:31 mean when it says 'whether he has gored a son or a daughter'?
A: This verse refers to the laws of damages caused by an ox that has a tendency to gore (called a 'shor tam' or 'shor mu'ad' in the Talmud). It teaches that the owner is equally liable whether the ox gores a boy or a girl—there is no distinction in compensation based on gender (Rashi, Bava Kamma 41b).
Q: Why is the law of a goring ox important in Jewish tradition?
A: This law is part of the Torah's civil code (Mishpatim) and emphasizes personal responsibility. An owner must take precautions if their animal is known to be dangerous. The Talmud (Bava Kamma 23a) discusses this extensively, showing how Jewish law holds people accountable for preventable harm.
Q: How does the principle 'according to this judgment shall it be done to him' apply today?
A: While we no longer have active oxen goring cases, the principle teaches fairness in damages—compensation must match the harm caused. This applies to modern liability laws, where negligence leading to injury requires proper restitution (Rambam, Hilchot Nizkei Mamon 8-10).
Q: Does Jewish law differentiate between harming a child or an adult in such cases?
A: The verse specifies 'son or daughter' to clarify that age doesn’t reduce liability—the same rules apply whether the victim is young or old (Mechilta, Mishpatim 10). However, additional factors like intent may be considered in other damage cases (Talmud, Bava Kamma 26b).
Q: What lesson can we learn from this verse about responsibility?
A: The Torah teaches that we must be mindful of potential dangers we introduce into society—whether an animal or any hazardous property. As the Talmud says (Bava Kamma 15b), 'One must fence in their hazards.' This applies to modern safety precautions in homes and businesses.
Context in the Torah
The verse (Exodus 21:31) appears in the section of Mishpatim, which details civil and tort laws, specifically addressing the liability of an ox's owner if the ox gores a person. This verse clarifies that the same legal principle applies whether the victim is a son or a daughter.
Rashi's Explanation
Rashi (Exodus 21:31) emphasizes the equal application of the law, noting that the Torah specifies "son or daughter" to teach that the same judgment applies regardless of the victim's gender. This reinforces the principle of impartial justice in Torah law.
Rambam's Legal Perspective
In Hilchot Nizkei Mamon (Laws of Property Damages 10:4), the Rambam codifies that the owner of a goring ox is liable for damages whether the victim is male or female. The verse underscores that the law does not discriminate based on gender when assessing liability.
Midrashic Insight
The Mechilta (on Exodus 21:31) highlights that the phrase "according to this judgment" refers back to the earlier laws of goring, teaching that the same standards of negligence and liability apply universally. This Midrash reinforces the Torah's commitment to fairness in judicial rulings.
Halachic Implications