Commentary for Kiddushin 48:20
יכול יבשה גפה נקטעה רגלה נחטטה עינה ת"ל מן העוף ולא כל העוף
and blinds the child within her, he is free [from punishment].<span class="x" onmousemove="('comment',' The child, on birth, is not emancipated. There he does not intend doing anything to its eye at all, but here he does.');"><sup>36</sup></span> What is the reason? - Because Scripture said: 'and he destroy it', [implying], only when he intends to destroy it. And the other?<span class="x" onmousemove="('comment',' R. Simeon b. Gamaliel: does he not admit that the word is needed for such a case?');"><sup>37</sup></span>
Daf Shevui to Kiddushin
A baraita supports R. Sheshet. According to this baraita, while bird sacrifices need not be fully unblemished (as do animals) they cannot have their eyes plucked out. This supports the idea that if the slave’s eye is plucked out, it is a serious enough offense that he goes free, even if he could not see before.
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