Commentary for Bava Kamma 87:13

הכא נמי במתחכך בכותל להנאתו ומנא ידעינן דבתר דנפל קא מתחכך ביה

KILLED AN ISRAELITE, OR WHILE AIMING AT NON-VIABLE INFANTS KILLED A VIABLE CHILD, THERE IS NO LIABILITY. <b><i>GEMARA</i></b>. Samuel said: There is exemption [for the ox in these cases] only from [the penalty of being stoned to] death, but there is lability [for the owner] to pay <i>kofer</i>.<span class="x" onmousemove="('comment',' As also maintained by R. Johanan, supra p. 248, and still earlier by R. Eliezer, supra p. 237. ');">¹²</span> Rab, however, said: There is exemption here from both liabilities.<span class="x" onmousemove="('comment',' For the reason v. supra 244 ');">¹³</span> But why [<i>kofer</i>]?<span class="x" onmousemove="('comment',' In the case dealt with first in the Mishnah. ');">¹⁴</span> Was not the ox <i>Tam</i>?<span class="x" onmousemove="('comment',' In killing a human being by rubbing itself against a wall and thus causing it to fall. In the case of Tam no kofer is paid; see Ex. XXI, 28. ');">¹⁵</span> — Just as [in an analogous case] Rab said that the ox was <i>Mu'ad</i> to fall upon human beings in pits,<span class="x" onmousemove="('comment',' Infra p. 274. ');">¹⁶</span> so also [in this case we say that] the ox was <i>Mu'ad</i> to rub itself against walls [which thus fell] upon human beings. But if so, why should the ox not be liable to [be stoned to] death? It is correct in this other case where we can explain that the ox was looking at some vegetables and so came to fall [into a pit],<span class="x" onmousemove="('comment',' And as intention to kill was lacking, no death penalty could be attached. ');">¹⁷</span> but here what ground could we give [for assuming otherwise than an intention to kill on the part of the ox]? — Here also [we may suppose that] the ox had been rubbing itself against the wall for its own gratification.<span class="x" onmousemove="('comment',' And as intention to kill was lacking, no death penalty could be attached. ');">¹⁷</span> But how can we know this?<span class="x" onmousemove="('comment',' Seeing that the ox was Mu'ad to rub itself against walls. ');">¹⁸</span> — [By noticing that] even after the wall had fallen the ox was still rubbing itself against it.

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