Talmud do Ketuwot 3:10
Jerusalem Talmud Bava Kamma
If somebody sells a bull to another person and it turns out to be goring. Rav said, it is an acquisition in error, but Samuel says, he can tell him: I sold it to you to be slaughtered107According to Rav, the buyer can force the annulment of the sale and receive his money back. According to Samuel, since a bull can be sold either for meat or for work, it is up to the buyer to specify for which use he is buying since for livestock there do not exist generally valid criteria of quality. (Ševi‘it 5:8, Notes 70,71; Babli 46a, Bava batra 92a).. “He shall give weregilt for his person.108Ex.. 21:30. It is not clear to whom the verse refers in mentioning “his”, cf. Ketubot 3:10, Note 151 and all sources quoted there, in particular Babli 40a.” Some Tannaїm state: The attacker’s person. Some Tannaїm state: The person suffering the damage. Following him who said, the person suffering the damage, [assume] the first one injured him fatally and then the second came and kept him in confusion109The bull of owner A injured a person who was prevented by the bull of owner B to seek immediate medical attention; the person then died.. If you say that damages are fully required110Damages are due even though weregilt was paid., the first one pays damages and the second pays the weregilt. If you say that damages are not fully required111There is no claim for damages if there is one for weregilt., the first one pays weregilt but the second is not liable. Following him who said, the attacker’s person, if you say that damages are fully required, the first one pays weregilt and the second is not liable112Since the action of B’s bull was strictly defensive, he is not an attacker.. If you say that damages are not fully required, neither one is liable113If neither of them can be held criminally liable, neither of them can be held financially liable..
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