Related for Bava Kamma 55:4
ת"ש שור שעלה ע"ג חבירו להורגו ובא בעל התחתון ושמט את שלו ונפל עליון ומת פטור מאי לאו במועד דליכא פסידא
Come and hear: In the case of an ox throwing itself upon the back of another's ox so as to kill it, if the owner of the ox that was beneath arrived and extricated his ox so that the ox that was above dropped down and was killed, there is exemption. Now, does not this ruling apply to <i>Mu'ad</i><span class="x" onmousemove="('comment',' In which case the Court would order compensation in full. ');"><sup>3</sup></span>
Jerusalem Talmud Bava Kamma
35This paragraph is alluded to in the Babli, 28a, and Sifry Deut. #292. The verse Deut. 25:11 reads: “If men quarreled, a person with his brother, and the wife of one of them intervened to save her husband from the hand of one who hit him when she reached out with her hand and grabbed him at his private parts.” Grabbing a person’s private parts is given as an example of an action intended to embarrass. It is clear in the paragraph that “wife of x” stands for “x” himself. The court marshall meting out punishment is protected from a damage suit by the person suffering the punishment as long as he strictly follows the court’s instructions. He is not protected for actions taken on his own initiative. It was stated: “She reached out with her hand,” but not the court marshal’s wife. Another Tanna stated, “she reached out with her hand,” including the court marshal’s wife. He who said, “she reached out with her hand,” but not the court marshal’s wife, if he whipped with permission. He who said, “she reached out with her hand,” including the court marshal’s wife, if he whipped without permission. It was stated: Not the wife of two men36Since a woman cannot have two husbands, one derives from the expression “the wife of one of them” that two people trading mutual insults have no case in court..
Ask RabbiBookmarkShareCopy