Commentaire sur Bava Kamma 5:7

Whether an ox or whether any animal that falls in a pit etc...

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.

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.

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'.

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.

לתשלומי כפל – as it is written (Exodus 22:8): “In all charges of misappropriation” – anything where there is negligence.

להשבת אבידה – “and so too shall you do with anything that your fellow loses” (Deuteronomy 22:3).

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.”

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.

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.

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.

שדבר הכתוב בהווה – a thing that regularly happens.