Bava Kamma 38a — the Talmud in English

If so

not

indeed,

and the verse stated concerning an innocuous ox came to exempt one who damages from damage caused to an ox belonging to the consecrated,

the verse should have written for this

“his fellow”

concerning a forewarned ox,

and why did the Torah write this exclusion specifically concerning an innocuous ox?

We learned in the Mishna:

An ox belonging to an Israelite that gored an ox belonging to a gentile is exempt;

but an ox belonging to a gentile that gored an ox belonging to an Israelite, whether innocuous or forewarned, pays full damages:

They said,

the scholars of the academy raised an objection:

But

in either case!?

If

“his fellow”

is specifically,

then an ox

belonging to a gentile, when it gores

an ox

belonging to an Israelite should also be exempt,

for the passage was stated only with regard to “his fellow” —

but if

“his fellow”

is not specifically,

then

even

an ox

belonging to an Israelite, when it gores

an ox

belonging to a gentile, should be liable —

And from where do we know how to distinguish, so that an Israelite is exempt for an ox belonging to a gentile, whereas a gentile is liable for an ox belonging to an Israelite!?

He said,

he explained,

Rabbi Abbahu:

In truth, “his fellow” is specifically,

and therefore, an ox belonging to an Israelite that gored an ox belonging to a gentile is exempt; nevertheless, an ox belonging to a gentile that gored an ox belonging to an Israelite is liable for full damages, whether it is an innocuous ox or a forewarned ox, because

the verse says:

Smotri takzhe Maharshu.

«Vstal i izmeril zemliu, uvidel i osvobodil narody»,

i my tolkuem eto tak:

He saw the seven mitzvot that the descendants of Noah had accepted upon themselves,

meaning: the Holy One, blessed be He, examined the observance of the mitzvot that the descendants of Noah had accepted upon themselves and saw that they did not observe them, and

i poskolku oni ikh ne sobliudali, On vstal i razreshil izrailitam ikh imushchestvo.

Rabbi Yohanan skazal: rassmotrim dokazatelstvo otsiuda;

this may be learned from this verse: the Holy One, blessed be He, permitted their property to the Jews:

Skazano [Devarim 33:2]: «Gospod iz Sinaya prishel i vossoial dlia nikh iz Seira,

Rabbi Yohanan said: From here

the verse teaches that the Holy One, blessed be He, permitted their property to Israel:

As it is stated [Deuteronomy 33:2]: “The Lord came from Sinai and appeared from Seir to them,

He appeared from Mount Paran,

and You came from myriads of holiness; from His right hand a fiery law for them,” and we interpret:

From Paran —

when the Holy One, blessed be He, went around with the Torah among all the nations and they did not accept it —

He appeared,

the Holy One, blessed be He, revealed the

property of the nations and permitted it to Israel.

Takzhe privoditsia tannaitskii istochnik

v sootvetstvii s obiasneniiami Rabbi Abahu i Rabbi Yohanana:

Tak kak v tannaitskom istochnike uchili:

«Esli byk izrailita bodnul byka neevreia, on svoboden ot oplaty» [potomu chto skazano «blizhnemu»].

It was likewise taught

as Rabbi Abbahu and Rabbi Yohanan explained:

For it was taught:

An ox belonging to an Israelite that gored an ox belonging to a gentile is exempt,

because it is stated, “his fellow.”

But

an ox belonging to a gentile that gored an ox belonging to an Israelite, whether innocuous or forewarned, pays full damages,

because

it is stated: “

He stood and measured the earth; He saw and permitted the nations,”

as we interpreted above: He permitted their property to Israel.

And the verse further says: “The Lord came from Sinai and appeared from Seir to them,

He appeared from Mount Paran

and You came from myriads of holiness; from His right hand a fiery law for them,” and as we interpreted above: from Paran He appeared; He revealed their property to Israel.

And we explain the beraita:

What is

“And the verse further says,”

that is: why do we need an additional verse!?

And if you would say: This

“He stood and measured the earth”

is needed to teach

according to Rav Mattana and

to teach

according to Rav Yosef [and the Gemara proceeds to explain them], and the verse did not come to permit their property to Israel, nevertheless

come and hear

another verse that teaches this, as it is stated: “

He appeared from Mount Paran,”

from Paran He appeared; He revealed their property to Israel.

And the Gemara explains:

What is Rav Mattana’s teaching, what did Rav Mattana learn from the verse “He stood and measured the earth; He saw and permitted the nations”?

For Rav Mattana said:

The meaning of that which is written: “

He stood and measured the earth; He saw

and permitted the nations”:

What did He see?

He saw the seven commandments that the descendants of Noah had been commanded and did not observe them; He stood and exiled them from their land.

And

the Gemara explains:

What indicates that this

“and permitted”

is an expression of exile [

it is an expression of exile]?

Because

here it is written: “

and permitted”

the nations —

and there it is written: “That has legs above its feet,”

“to spring”

with them upon the earth,”

and Onkelos translates

Onkelos: “

to spring with them upon the earth” [

to spring with them upon the ground]; thus, “and permitted the nations” too is an expression of springing and going into exile.

We further explain:

What is Rav Yosef’s teaching, what is the exposition that Rav Yosef learned from the verse “He stood and measured the earth; He saw and permitted the nations”?

For Rav Yosef said:

The meaning of that which is written: “

He stood and measured the earth; He saw

and permitted the nations”:

What did He see?

He saw the seven commandments that the descendants of Noah accepted upon themselves and did not observe; He stood and permitted them to them.

And we raise an objection to this: Is it because they did not observe them that

they gained an advantage [

they benefited], that they are free from the commandments!? But

if so, we find a sinner

who

profits!?

He said,

he explained,

Mar, the son of Ravina:

The verse came only

to say: that even

when the gentiles

observe them [the seven commandments], henceforth

they receive no reward for them,

that is: He did not exempt them from punishment if they do not observe them; rather, they have no reward if they observe them, and if so, they gained nothing.

And we raise an objection to this:

And

does it mean that

they do not

receive reward for observing them!?

But it was taught: Rabbi Meir says:

From where is it derived that even a gentile who engages in Torah

is like a high priest,

therefore

the verse says: “

That the person who performs them shall live by them,”

and “that those who perform them —

priests, Levites, and Israelites” —

that is, Israelites alone —

was not stated, but rather ‘person,’

which includes a gentile as well!

tolko izraility;

You have learned: even a gentile who engages in Torah is like a high priest.

They said,

the scholars of the academy, in order to answer:

In truth, they do receive reward for them, but

they do not receive reward as one who is commanded and performs, but rather

reward as one who is not commanded and performs.

ne takuiu nagradu, kak tot, kto ispolniaet zapoved, buduchi prinuzhdennym k ee ispolneniiu, a

For Rabbi Hanina said: One who is commanded and performs is greater than one who is not commanded and performs.

The Sages taught:

And the wicked kingdom had already sent two officers to the sages of Israel,

and they came and said to them: “

Teach us your Torah.”

They read,

they taught them the entire Torah;

and they repeated,

with them;

and they repeated a third time,

with them, so as to teach them thoroughly.

At the time of their departure,

when those officers came to take leave of the sages of Israel,

they said to them

the officers said to the sages of Israel:

We examined all your Torah, and it is true, except for this matter, which you say: An ox belonging to an Israelite that gored an ox belonging to a gentile is exempt;

whereas

an ox belonging to a gentile that gored an ox belonging to an Israelite, whether innocuous or forewarned, pays full damages —

for this is not true, because

in either case:

If

“

his fellow”

is specifically,

then

even an ox belonging to a gentile, when it gores an ox belonging to an Israelite, should be exempt; but if

“his fellow”

is not specifically, even an ox belonging to an Israelite, when it gores an ox belonging to a gentile, should be liable —

«blizhnemu»

And

nevertheless

this matter —

this law that you rule concerning gentiles —

we will not report it to the kingdom

that sent us.

my ne soobshchim vlasti,

There was an incident involving

Rav Shmuel bar Yehuda, whose

daughter had died [

his daughter passed away].

The Sages said to Ulla [

the Sages said to Ulla]:

Come, let us go and comfort him [

let us go and console him].

He said to them,

Ulla said to the Babylonian scholars who had said this to him:

What have I to do with the consolation of Babylonians, for it is blasphemy [

What do I have to go with the Babylonians, whose consolations are blasphemy toward Heaven] —

and because

they say

the Babylonians in their consolation:

What is possible to do [

What is possible to do]!? And this wording implies:

If it were possible to do, they would do, [

if it were in their power to prevent her from dying, they would do so], and it is blasphemy toward Heaven, for He is the one who causes death.

Therefore

he went alone to him [

Ulla went alone to Rav Shmuel bar Yehuda].

He said to him,

Ulla said to Rav Shmuel bar Yehuda, to comfort him:

It is written [Deuteronomy 2:9]: “

And the Lord said to me: Do not distress Moab, and do not provoke them to war” [

for I will not give you an inheritance from his land, for I have given Ar as an inheritance to the descendants of Lot], and since the Holy One, blessed be He, needed to say to him that he should not wage war against them, it follows that he had intended to wage war against them;

but what entered Moses’ mind, that he would wage war without permission!?

Rather, Moses derived a kal va-chomer for himself,

and

said: If concerning the Midianites, who came only to assist Moab,

the Torah said [Numbers 25:17]: “

Harass the Midianites and strike them” —

skazal: «Esli v otnoshenii Midiana, kotoryi prishyol tolko pomoch Moavu,

Tora skazala

v BeMidbar 25:17:

“Vrazhduite s Midianitami i porazite ikh”» —