Talmud Bavli
Talmud Bavli

Quoting%20commentary for Bava Kamma 73:13

ורב פפא אמר לך אצטריך סלקא דעתיך אמינא הואיל ופרץ ביה בההוא מינא פרץ ביה לא שנא גדולים דידיה ולא שנא קטנים דידיה קמ"ל דלא הוי מועד

such an ox is considered <i>Mu'ad</i> [to all species]. But R. Papa, who said that '… IT IS NOT [THEREFORE] <i>MU'AD</i> … is the correct reading of the Mishnah, maintained that even though we do not know the contrary the ox is not considered <i>mu'ad</i> [save to the species to which it had actually been <i>Mu'ad</i>]. R. Zebid inferred his view from the later clause [of the Mishnah], whereas R. Papa inferred his view from the opening clause. R. Zebid inferred his view from the later clause which states, IF IT WAS <i>MU'AD</i> TO SMALL [CATTLE] BUT NOT <i>MU'AD</i> TO LARGE [CATTLE]. Now this is quite in order if you maintain that BUT WAS NOT MU'AD' is the reading in the Mishnah, implying thus that in the absence of definite knowledge to the contrary the ox should be considered <i>Mu'ad</i> [to all species]. This clause would then teach us [the further point] that even where the ox was <i>mu'ad</i> to small [cattle] it would be <i>mu'ad</i> also to large [cattle] in the absence of knowledge to the contrary. But if you maintain that '… IT IS NOT [THEREFORE] <i>MU'AD</i>&nbsp;…' is the correct reading of the Mishnah, implying that even though we know nothing to the contrary the ox would not be considered <i>mu'ad</i>, could it not then be argued thus: Since in the case where the ox was <i>mu'ad</i> to do damage to small creatures of one species it would not be considered <i>mu'ad</i> with reference to small creatures of another species even if we have no definite knowledge to the contrary, was there any need to state that where the ox was <i>mu'ad</i> to small [cattle] it would not be considered <i>mu'ad</i> to big [cattle]?<span class="x" onmousemove="('comment',' Since it is much less likely to attack big animals than small ones. Why then, on R. Papa's reading, have this clause at all in the Mishnah? ');"><sup>10</sup></span>

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