Commento su Bava Qamma 8:2
זֶה חֹמֶר בָּאָדָם מִבַּשּׁוֹר, שֶׁהָאָדָם מְשַׁלֵּם נֶזֶק, צַעַר, רִפּוּי, שֶׁבֶת, וּבֹשֶׁת, וּמְשַׁלֵּם דְּמֵי וְלָדוֹת, וְשׁוֹר אֵינוֹ מְשַׁלֵּם אֶלָּא נֶזֶק, וּפָטוּר מִדְּמֵי וְלָדוֹת:
Questa è una severità dell'uomo su Shor, che l'uomo paga Nezek, Tza'ar, Ripui, Sheveth e Bosheth, e compensa l'aborto, e Shor paga solo Nezek, [essendo scritto (Levitico 24:19): "... un uomo sul suo vicino " — un uomo sul suo vicino e non un bue sul suo (cioè il proprietario) vicino.], e (shor) è esonerato dal risarcimento per aborto spontaneo, [scritto (Esodo 21:22): "Se gli uomini combattono, ecc. ". — uomini e non buoi.]
Rambam on Mishnah Bava Kamma
This is a stringency with man compared to ox that the man etc...
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Bartenura on Mishnah Bava Kamma
ושור אינו משלם אלא נזק – as it is written (Leviticus 24:19): “If anyone [maims] his fellow, [as he has done so shall it be done to him,” and not an ox for its fellow.
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English Explanation of Mishnah Bava Kamma
Introduction
Mishnah two compares payments for injuries caused by an ox with payments for injuries caused by a human. Mishnah three deals with several laws related to personal injury.
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Rambam on Mishnah Bava Kamma
They said this stringency with min compared to ox there is in it a reliance on the topic which is already in the third chapter of this tractate, that an ox that embarrasses is not obligated, and we already explained in the 5th chapter also that the ox is exempt from fetuses.
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Bartenura on Mishnah Bava Kamma
ופטור מדמי ולדות – as it is written (Exodus 21:22): “When men fight” - men and not oxen.
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English Explanation of Mishnah Bava Kamma
The law is more strict in the case of a man than in the case of an ox: for a man must pay for injury, pain, medical costs, loss of income and indignity, and make restitution for the value of the young; whereas the ox pays only for injury and is not liable for the value of the young. This mishnah lists the differences in liability for an ox that injures versus a human who injures. As we learned in the previous mishnah a human who injures another person must make five different payments. An ox, however, who injures a human being pays only for the injury itself. Furthermore, if a human should injure a woman and cause her to miscarry, he is obligated to pay for the value of the miscarried child/ren. An ox that injures is not liable for this payment. (For the assessment of such a payment see above 5:4).
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