1)

DIFFERENCES OF LIABILITY FOR PEOPLE AND FOR ANIMALS (Yerushalmi Perek 3 Halachah 10 Daf 16b)

îúðé' éù çééá òì îòùä ùåøå åôèåø òì îòùä òöîå çééá òì îòùä òöîå åôèåø òì îòùä ùåøå

(a)

(Mishnah): Sometimes one is liable for his ox' action and exempt for his own, and sometimes vice-versa.

ùåøå ùáééù ôèåø åäåà ùáééù çééá

1.

If his ox caused embarrassment, he is exempt. If he embarrassed, he is liable;

ùåøå ùñéîä àú òéï òáãå åäôéì àú ùéðå ôèåø [ãó éæ òîåã à] åäåà ùñéîà àú òéï òáãå åäôéì àú ùéðå çééá

2.

If his ox blinded an eye or knocked out a tooth destroyed a tooth of his slave, he is exempt. If he did so, he is liable;

ùåøå ùçáì áàáéå åáàîå çééá åäåà ùçáì áàáéå åáàîå ôèåø

3.

If his ox wounded his father or mother, he is liable. If he did so, he is exempt [from payment].

ùåøå ùäãìé÷ àú äâãéù áùáú çééá åäåà ùäãìé÷ àú äâãéù áùáú ôèåø îôðé ùðéãåï áðôùå:

4.

If his ox burned a stack on Shabbos, he is liable. If he did so, he is exempt, for he is liable to die.

âî' áï ôãééà àîø ëì äî÷ì÷ìéï ôèåøéï çåõ îï äîáòéø åäòåùä çáåøä.

(b)

(Gemara - Bar Padyei): All who ruin are exempt (regarding Melachah on Shabbos), except for one who burns or wounds.

à''ø éåçðï áîáòéø àéðå çééá òã ùéäà öøéê ìàôø åäòåùä çáåøä àéï çééá òã ùéäà öøéê ìãí.

(c)

(R. Yochanan): One who burns is liable only if he needs the ashes. One who wounds is liable only if he needs the blood.

[ãó éã òîåã à (òåæ åäãø)] åäúðéðï ùåøå.

(d)

Question: Our Mishnah says that his ox [that burned on Shabbos is liable to pay, i.e. in the same case that he is exempt because he is Chayav Misah. Surely his ox does not need the ashes!]

ùåøå öøéê àú äàôø:

(e)

Answer: [Indeed,] his ox needs the ashes (e.g. it has a wound)! (MAHARA FULDA, SEDEI YEHOSHUA)