daf bit: Bava Kama 39
Feb. 5th, 2009 09:05 amThe mishna teaches: if the ox of a normal man gores one belonging to
a deaf-mute, an idiot, or a minor then the owner is liable (as expected),
but if the latter's ox gores one belonging to the former there is
no liability. However, if the ox of a deaf-mute, idiot, or minor
gores, the court appoints a guardian who can testify, so that if
the ox keeps this up it will eventually be declared mu'ad (an ox
that gores, which increases liability). (39a)
The g'mara seems to suggest that this is not out of pity for the disadvantaged person, but rather because the presumption is that he took precautions but didn't do a good-enough job (so he gets a guardian to help correct matters?). Once the ox is declared mu'ad, it doesn't matter if the owner is disadvantaged -- he's liable anyway.