Reference for Bava Kamma 167:25

מ"ש נזקי אדם באדם ונזקי אדם בשור דלא אלהים בעינן וליכא נזקי שור בשור ושור באדם נמי

R. Ashi said: [The principle of pecuniary compensation] could be derived from [the analogy of the term] 'for' [occurring in connection with Man] with the term 'for' occurring in connection with Cattle. It is written here, 'Eye for eye,' and it is also written there, he shall surely pay ox for ox.<span class="x" onmousemove="('comment',' Ibid. 36. ');">¹⁸</span> [This indicates that] just as in the latter case it is pecuniary compensation that is meant, so also in the former case it means pecuniary compensation. But what ground have you for comparing the term 'for' with 'for' [mentioned in connection] with cattle, rather than with the 'for' [mentioned in connection] with [the killing of] man, as it is written, thou shalt give life for life,<span class="x" onmousemove="('comment',' Ibid. 23. ');">¹⁹</span> so that, just as in the case of murder it is actual Retaliation, so also here it means actual Retaliation? — It may be answered that it is more logical to infer [the law governing] injury from [the law governing another case of] injury<span class="x" onmousemove="('comment',' Ibid. 36. ');">¹⁸</span> than to derive [the law of] injury from [the law applicable in the case of] murder.<span class="x" onmousemove="('comment',' Ibid. 23. ');">¹⁹</span> But why not say on the contrary, that it is more logical to derive [the law applying to] Man from [a law which similarly applies to] Man<span class="x" onmousemove="('comment',' Ibid. 23. ');">¹⁹</span> than to derive [the law applying to] Man from [that applying to] Cattle? — R. Ashi therefore said: It is from the words for he hath humbled her,<span class="x" onmousemove="('comment',' Deut.XXII, 29. ');">²⁰</span> that [the legal implication of 'eye for eye'] could be derived by analogy, as [the law in the case of] Man is thus derived from [a law which is similarly applicable to] Man, and the case of injury from [a similar case of] injury. It was taught: R. Eliezer said: Eye for eye literally refers to the eye [of the offender]. Literally, you say? Could R. Eliezer be against all those Tannaim [enumerated above]?<span class="x" onmousemove="('comment',' Proving against Retaliation. ');">²¹</span> — Raba thereupon said: it only means to say that the injured person would not be valued as if he were a slave.<span class="x" onmousemove="('comment',' In the manner described supra p. 473. ');">²²</span> Said Abaye to him: How else could he be valued? As a freeman? Could the bodily value of a freeman be ascertained by itself? — R. Ashi therefore said: It means to say that the valuation will be made not of [the eye of] the injured person but of [that of] the offender.<span class="x" onmousemove="('comment',' As the pecuniary compensation in this case is a substitution for Retaliation. ');">²³</span> An ass once bit off the hand of a child. When the case was brought before R. Papa b. Samuel he said [to the sheriffs of the court], 'Go forth and ascertain the value of the Four items.'<span class="x" onmousemove="('comment',' Enumerated supra p. 473. ');">²⁴</span> Said Raba to him: Have we not learnt Five [items]? — He replied: I did not include Depreciation. Said Abaye to him: Was not the damage in this case done by an ass, and in the case of an ass [injuring even man] there is no payment except for Depreciation?<span class="x" onmousemove="('comment',' V. supra 26a. ');">²⁵</span> — He therefore ordered [the sheriffs], 'Go forth and make valuation of the Depreciation.' But has not the injured person to be valued as if he were a slave? — He therefore said to them, 'Go forth and value the child as if it were a slave.' But the father of the child thereupon said, 'I do not want [this method of valuation], as this procedure is degrading.' They, however, said to him, 'What right have you to deprive the child of the payment which would belong to it?'<span class="x" onmousemove="('comment',' Cf, infra 87b. ');">²⁶</span> He replied, 'When it comes of age I will reimburse it out of my own. An ox once chewed the hand of a child. When the case was brought before Raba, he said [to the sheriffs of the court], 'Go forth and value the child as if it were a slave.' They, however, said to him, 'Did not the Master [himself] say that payment for which the injured party would have to be valued as if he were a slave,<span class="x" onmousemove="('comment',' I.e., where the damages could otherwise not be ascertained. ');">²⁷</span> cannot be collected in Babylon?'<span class="x" onmousemove="('comment',' Because the judges there have not been ordained as Mumhe (v. Glos.) who alone were referred to by the Scriptural term Elohim standing for 'judges' as in Ex. XXI, 6 and XXII, 7-8, and who alone were qualified to administer penal justice; cf. Sanh. 2b, 5a, and 14a and supra p. 144. ');">²⁸</span> — He replied, 'My order would surely have no application except in case of the plaintiff becoming possessed of property belonging to the defendant.'<span class="x" onmousemove="('comment',' Cf. supra p. 67. ');">²⁹</span> Raba thus follows his own principle, for Raba said: Payment for damage done to chattel by Cattle<span class="x" onmousemove="('comment',' Lit., 'ox'. ');">³⁰</span> or for damage done to chattel by Man can be collected even in Babylon,<span class="x" onmousemove="('comment',' As these matters are of a purely civil nature and of frequent occurrence, as brought out by the discussion which follows. ');">³¹</span> whereas payment for injuries done to man by Man or for injuries done to man by Cattle cannot be collected in Babylon. Now, what special reason is there why payment for injuries done to man by Cattle cannot [be collected in Babylon] if not because it is requisite [in these cases that the judges be termed] <i>Elohim</i>,<span class="x" onmousemove="('comment',' As in Ex. XXI, 6 and XXII, 7-8. ');">³²</span> [a designation] which is lacking [in Babylon]? Why then should the same not be also regarding payment for [damage done] to chattel by Cattle or to chattel by Man, where there is similarly

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