daf bit: Bava Kama 37
Jul. 7th, 2016 08:59 amThe talmud has previously talked about compensation that is due if your
animal damages another, distinguishing between those that are known to
be damaging (the ox that gores, mu'ad) and those that are not
(tam). On today's daf the mishna talks about relationships
between the owners. If a privately-owned ox gores an ox consecrated
to the temple, or vice-versa, there is no liability, because it says
"the ox of his neighbor" -- the temple is not "his neighbor". If an
ox belonging to an Israelite gores one belonging to a Cana'anite there
is no liability, but if an ox belonging to a Cana'anite gores one
belonging to an Israelite, full compensation is due. (37b)
I don't see an explanation here about the asymmetry between the Israelite and the Cana'anite. According to a note in the Soncino edition, Maimonides, centuries later, explains: Cana'anites did not recognize the laws of social justics, and they were thus not entitled to claim protection under a law they did not respect. They could, however, be held liable under Israel's laws for damage they do to Israelites. That doesn't explain, however, why full compensation is due from the Cana'anite regardless of whether the ox is mu'ad or tam; an Israelite would owe another Israelite half damages in the latter case.