Both an ox and any other beast are subsumed in (the halachoth of falling into a bor), [it being written (Exodus 21:34): "Money shall he restore to its owner" — anything that has an owner.], and in separation from Mount Sinai, [it being written (Ibid. 19:13): "Or beast or man, he shall not live." "Animal" is in the category of "beast"; "Or" — to include birds (in the injunction)], and in the paying of kefel ("double payment"), [it being written (Ibid. 22:8): "For every thing of violation" — every thing which he violates.], and for returning a lost object, [(Deuteronomy 22:3): "…with every lost object of your brother."], and for unloading, [(Exodus 23:4): "…help shall you help with him." Though it is written (Ibid.): "the ass of your foe," all beasts are included, this being derived "ass" (here) — "ass," in respect to Shabbath, where it is written (Deuteronomy 5:14): "…your ox, your ass, and all of your beasts."], for muzzling, [(Ibid. 25:4): "You shall not muzzle an ox in its threshing." We derive "ox" - "ox" from Shabbath.], for kilayim (forbidden admixtures) [In respect to (forbidden) mating, though it is written (Leviticus 19:19): "Your beast you shall not mate with a different breed," animal and bird are also included by derivation, "beast" - "beast," from Shabbath. Likewise, in respect to the kilayim of driving (them together), viz. (Deuteronomy 22:10): "You shall not plow with an ox and an ass together," we derive, "ox" - "ox" from Shabbath, that the same applies to any two types of beast, animal, and bird. However, as to the Torah halachah, one is not liable unless he plows with or drives two kinds (of animal), one of which is unclean and the other, clean, as is the case with ox and ass. But the sages forbade all two kinds, even if both are unclean or both clean.], and for Shabbath, [it being written: "your ox, your ass, and all of your beasts." "Animal" is included in "beast," and "all" is a term of inclusion, to include birds.] If so, why is it written (Exodus 21:34): "ox or ass"? Scripture speaks of the common instance.
Rambam on Mishnah Bava Kamma
Whether an ox or whether any animal that falls in a pit etc...
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Bartenura on Mishnah Bava Kamma
אחד שור ואחד כל בהמה לנפילת הבור – as it is written (Exodus 21:34): “[The one responsible for the pit must make restitution.] He shall pay the price to the owner, [but he shall keep the dead animal],” anything that has owners.
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English Explanation of Mishnah Bava Kamma
An ox and all other beasts are alike under the laws concerning falling into a pit, keeping apart from Mount Sinai, two-fold restitution, the restoring of lost property, unloading, muzzling, diverse kinds, and the Sabbath. So to wild animals and birds. If so, why is it written “an ox or an ass”? But Scripture spoke of prevailing conditions. Mishnah seven lists several laws in which the Torah states “ox” or “beast” but the Rabbis hold that the law is true for all animals, including even wild animals and birds. I will briefly explain these laws with their Biblical references: Falling into the pit this is our topic in Bava Kamma. Keeping apart from Mount Sinai see Exodus 19:13. There God tells Moses to keep everyone, including the animals away from the mountain before the Revelation. Two-fold restitution see Exodus 22:3, 8. If a person steals something and is caught he must pay back double. Restoring lost property see Exodus 23:4, and Deuteronomy 22:1. Unloading see Exodus 23:5. If one sees his enemy’s ox buckling under its load, he must help him unload the animal. Muzzling see Deuteronomy 25:4. One is not allowed to muzzle an ox while it is threshing. Diverse kinds see Leviticus 19:19 and Deuteronomy 22:10. According to Leviticus one is not allowed to mate two different kinds of animals. According to Deuteronomy one is not allowed to yoke an ox and an ass together. The Sabbath see Exodus 20:10 and Deuteronomy 5:14. One must allow his animals to rest on the Sabbath. According to our mishnah the reason why the Torah uses the word ox is that oxen were the most frequently used animals in those times.
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Rambam on Mishnah Bava Kamma
All this is clear and it does need explanation. However what it says 'diverse kinds' that this alludes to what it says 'you should not plow with an ox and with a donkey together'. And it says any 2 types of animal are thus, you can not plow with them, and not to pull them together and this rabbinic. However from the torah it is not forbidden to plow to pull and lead except a clean animal and an unclean only. Similar to an ox and a donkey. And already explained this in the eighth chapter of tractate 'mixtures'.
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Bartenura on Mishnah Bava Kamma
ולהפרשת הר סיני – as it is written (Exodus 19:13): “[No hand shall touch him, but he shall be either stoned or shot;] beast or man he shall not live;” and wildlife is included in animals, if also to include birds.
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Bartenura on Mishnah Bava Kamma
לתשלומי כפל – as it is written (Exodus 22:8): “In all charges of misappropriation” – anything where there is negligence.
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Bartenura on Mishnah Bava Kamma
להשבת אבידה – “and so too shall you do with anything that your fellow loses” (Deuteronomy 22:3).
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Bartenura on Mishnah Bava Kamma
לפריקה – (Exodus 23:5): “and would refrain from raising it.” Even though it Is written (Exodus 23:5): “When you see the ass of your enemy [lying under its burden],” all animals are included for we derive "חמור" "חמור" – from Shabbat, as it states (Deuteronomy 5:14): “your ox, your ass, or any of your cattle.”
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Bartenura on Mishnah Bava Kamma
לחסימה – “You shall not muzzle an ox in its threshing” (Deuteronomy 25:4). We derive "שור" "שור" through a Gezerah Shavah (i.e., analogy) from Shabbat.
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Bartenura on Mishnah Bava Kamma
לכלאים – the (forbidden) coupling of heterogenous animals, even though it is written (Leviticus 19:19): “You shall not let your cattle mate with a different kind.” This is also wildlife and birds included, for we derive "בהמה" "בהמה from Shabbat. And the same law applies to all two kinds of cattle, wildlife and birds. But, however, regarding the legal decision of the Halakha from the Torah, he is not liable other than someone who ploughs or leads with the two species [of same kind of animal] where one is ritually impure and the other is ritually pure, similar to an ox and an ass, but the Sages stated that [it means] any two species whether they are both ritually impure or whether they are ritually pure.
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Bartenura on Mishnah Bava Kamma
לשבת – as it is written (Deuteronomy 5:14): “your ox, or your ass, or any of your cattle.” But wildlife is within the category of cattle and every extension of scope/amplification is to include birds.
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Bartenura on Mishnah Bava Kamma
שדבר הכתוב בהווה – a thing that regularly happens.
