Solomon2
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Oh, an opportunity to discuss Talmud! I'll take just one bite, then we go back to topic:
Page 37b mentions oxen, but it's discussion between rabbis about oxen digging pits: link. The parts about liability in case an ox gores some thing, some animal, or some person are further on. (Discussion about liability includes whether or not the ox is known to be vicious and how to define such, matters of intent, and who is culpable - the owner of the animal or the human who may have provoked it.)
Perhaps instead of page "37b" page "73d" was meant? In this case the topic of discussion is liability for damage incidentally caused to someone else's land and it does indeed mention the ox and goring:
The Rabbis taught: Employees who came to demand their wages from their employer, and were gored by his ox or bitten by his dog, to death, he is free. Anonymous teachers, however, hold that employees have the right to demand their wages from their employer (and therefore he is guilty). How is the case? If the employer usually comes to town, what reason have the anonymous teachers for their assertion? If, on the other hand, he can be found only in the house, what is the reason of the first Tana? It is in a case where he is not certain, and the employee when knocking on the door or gate is told "In"; one holds that "in" means "come in" (and therefore they had the right to enter), and the other one holds that "in" means "stay where you are (and I will come out to you)." There is a support to the latter construction of "in" from the following Boraitha: "An employee that entered to demand his wages from his employer, and he was gored by his ox or was bitten by his dog, he is not guilty although he entered with permission." Why so? We must say that it means that when knocking on the door or gate he was told "in," and he meant that he had permission to enter, but in reality "in" meant only "stay where you are (and I will come out to you)."
*** 8:30pm Addition: the case of two oxen goring each other is page 73e - page 74:
MISHNA IX.: Two non-vicious oxen that wounded each other: the one who is hurt the most is to be paid one-half of the amount of the value of difference of the injuries. If both are vicious the full amount of difference of the injuries is to be paid. If one is non-vicious and the other vicious: if the vicious one injured the non-vicious more than he himself was injured he pays the full amount of the difference, if the reverse is the case only one-half is paid. So also if two men wound each other, the one who hurt the most must pay the full amount of the difference.
A man who hurt a vicious ox and was also hurt by the ox, or when the reverse was the case, the full amount of difference is to be paid. If the case was with a non-vicious ox the man pays the full amount and the ox pays the half. R. Aqiba, however, says: Even if the ox was non-vicious, the full amount is to be paid.
GEMARA: The rabbis taught: It is written [Ex. xxi. 31]: "According to this judgment shall be done unto him." That means that as the judgment when two oxen gore each other, so also shall it be when an ox gores a man. As in the former case a non-vicious ox pays one-half and a vicious one the full amount; the same is the case if it gored a human being. R. Aqiba, however, says: "According to this judgment" means that the judgment just mentioned applies to man, but not to the preceding case. Shall we assume that it must be paid from the best estates? Therefore it is written [ibid., ibid.]: "Shall be done unto him," which means that he pays only from the body of the ox, but not from the best estates. *** Discussion continues in Chapter IV: link
No, there is no distinction between a Jew and non-Jew here but fine and practical distinctions about who is responsible for what and under what circumstances.
I think you can toss all these vilifying quotes out the window now.
Baba Kamma mostly discusses complicated and fine distinctions of legal liability and oxen are used as examples many times.
Page 37b mentions oxen, but it's discussion between rabbis about oxen digging pits: link. The parts about liability in case an ox gores some thing, some animal, or some person are further on. (Discussion about liability includes whether or not the ox is known to be vicious and how to define such, matters of intent, and who is culpable - the owner of the animal or the human who may have provoked it.)
Perhaps instead of page "37b" page "73d" was meant? In this case the topic of discussion is liability for damage incidentally caused to someone else's land and it does indeed mention the ox and goring:
The Rabbis taught: Employees who came to demand their wages from their employer, and were gored by his ox or bitten by his dog, to death, he is free. Anonymous teachers, however, hold that employees have the right to demand their wages from their employer (and therefore he is guilty). How is the case? If the employer usually comes to town, what reason have the anonymous teachers for their assertion? If, on the other hand, he can be found only in the house, what is the reason of the first Tana? It is in a case where he is not certain, and the employee when knocking on the door or gate is told "In"; one holds that "in" means "come in" (and therefore they had the right to enter), and the other one holds that "in" means "stay where you are (and I will come out to you)." There is a support to the latter construction of "in" from the following Boraitha: "An employee that entered to demand his wages from his employer, and he was gored by his ox or was bitten by his dog, he is not guilty although he entered with permission." Why so? We must say that it means that when knocking on the door or gate he was told "in," and he meant that he had permission to enter, but in reality "in" meant only "stay where you are (and I will come out to you)."
*** 8:30pm Addition: the case of two oxen goring each other is page 73e - page 74:
MISHNA IX.: Two non-vicious oxen that wounded each other: the one who is hurt the most is to be paid one-half of the amount of the value of difference of the injuries. If both are vicious the full amount of difference of the injuries is to be paid. If one is non-vicious and the other vicious: if the vicious one injured the non-vicious more than he himself was injured he pays the full amount of the difference, if the reverse is the case only one-half is paid. So also if two men wound each other, the one who hurt the most must pay the full amount of the difference.
A man who hurt a vicious ox and was also hurt by the ox, or when the reverse was the case, the full amount of difference is to be paid. If the case was with a non-vicious ox the man pays the full amount and the ox pays the half. R. Aqiba, however, says: Even if the ox was non-vicious, the full amount is to be paid.
GEMARA: The rabbis taught: It is written [Ex. xxi. 31]: "According to this judgment shall be done unto him." That means that as the judgment when two oxen gore each other, so also shall it be when an ox gores a man. As in the former case a non-vicious ox pays one-half and a vicious one the full amount; the same is the case if it gored a human being. R. Aqiba, however, says: "According to this judgment" means that the judgment just mentioned applies to man, but not to the preceding case. Shall we assume that it must be paid from the best estates? Therefore it is written [ibid., ibid.]: "Shall be done unto him," which means that he pays only from the body of the ox, but not from the best estates. *** Discussion continues in Chapter IV: link
No, there is no distinction between a Jew and non-Jew here but fine and practical distinctions about who is responsible for what and under what circumstances.
I think you can toss all these vilifying quotes out the window now.
