Bava Kamma 54: The Competency of an Ox; Animals and Halachot

In their attempt to understand their past example, where a donkey and an ox fall into a pit at the same time, the rabbis look to hermeneutics   Perhaps we are meant to understand their statement as a generalization followed by a detail followed by a generalization.  Or perhaps this is a different pattern of speech that could be better understood through other principles or guidelines.  Perhaps the ox was deaf and mute, or a minor, or an 'imbecile'.  Our notes share that the rabbis admit that they would not know how to measure competency in oxen.  

A new Mishna teaches us that the halacha is the same for an ox as for any other animal that falls into a pit.  Similarly, other halachot are the same for all animals:

• keeping distance (away from the mountain) from Mount Sinai
• paying double the principal by a thief
• returning a lost item
• unloading its burden
• the prohibition of muzzling an animal while it is threshing
• the prohibition of diverse kinds
• the prohibition of working on Shabbat

Finally, this Mishna tells us that this rules apply to all animals whether or not they are domesticated.  Why are all of the halachot in the Torah referring to an ox and a donkey, domesticated animals?  The rabbis answer their own question: the Torah used those animals as examples; we were to extrapolate from these halachot to the laws for all animals.

The Gemara uses Torah verses Exodus (21:24) and (19:13) as well as verses from Deuteronomy as proof texts. We learn that in different circumstances, the owner of a pit shall give money back to the owner of an animal that falls.  We learn that people and animals will not live if they climb Mount Sinai at the giving of the Torah.  Even birds are implicated by the word "whether" (as in, "Whether they are people or animals they shall not live").  

Proof texts are found for muzzling, as well.  The rabbis connect halachot for muzzling, which speak of oxen in the fields, with the halachot for Shabbat.  Shabbat's prohibition on work clearly applies to oxen, as well.  The rabbis share a detailed analysis of how to understand the halachot regarding animals for the remainder of today's daf.  The use of the words "ox" and "donkey" are also analyzed for what they might represent.