חזקה בעקבות מקרים היא אחד ממיני החזקות ההלכתיות. חזקה זו אומרת כי כאשר מציאות מסוימת חזרה על עצמה מספר פעמים, השתנה המצב (ה'סטטוס') הקודם, ויש להעמיד את החזקה על המצב החדש, שאומר - למשל בשור המועד - כי מטבעו ודרכו של אותו שור לנגוח בעלי חיים אחרים או אנשים.(קישור)
Or if it be known that the ox was wont to gore in time past, and its owner hath not kept it in; he shall surely pay ox for ox, and the dead beast shall be his own.
This passage is from the Bible, specifically from the book of Exodus, chapter 21, verse 36. It is part of the laws given by God to Moses for the Israelites to follow. The passage states that if an ox that has a history of goring and its owner has not kept it in, the owner is responsible for paying for the damage caused by the ox and also loses the ox that caused the damage.
EXPLANATION
This passage is outlining a legal principle for the Israelites to follow in the event of an ox causing harm to another person or their property. The law stipulates that if the ox has a history of goring (i.e. attacking and injuring others with its horns) and its owner has not taken proper precautions to keep it restrained or controlled, the owner is held liable for any damage caused by the ox.
The law also states that the owner must pay "ox for ox", meaning they must compensate the person or entity who was harmed with a similar animal of equal value. Additionally, the ox that caused the harm is to be put to death, meaning the owner loses the animal as well. This law emphasizes the importance of taking responsibility for one's property, particularly if it poses a danger to others, and the need for fair compensation for those who have suffered harm as a result.
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The passage is part of the codes of law given in the book of Exodus, which is one of the first five books of the Hebrew Bible, also known as the Torah. These laws were given by God to Moses on Mount Sinai and were intended to govern the Israelites' religious, moral, and social conduct, as well as their relations with each other and with other nations.
The code of laws in Exodus, specifically in chapter 21, represents one of the earliest known legal systems in the world and it covers a wide range of issues, such as personal injury, property rights, slavery, and criminal law. The law of the goring ox is an example of a civil law, which governs disputes between individuals and concerns compensation for damages.
The law is also an example of the concept of lex talionis, or the "law of retaliation", which is a principle that is found in many ancient legal systems, including the Babylonian and the Hittite laws. It stipulates that punishment should be in proportion to the crime, and an eye for an eye, a tooth for a tooth, and so on.
It is important to note that these laws were given to the Israelites as a specific set of guidelines for their society, and should not be applied or interpreted in a modern context without careful consideration.
3 TIME TO BE PUNISHED
The passage from Exodus 21:36 does not mention a specific number of times that the ox must be proven to have gored before its owner is held liable for damages and the ox is put to death. It simply states that if the ox is known to have gored in the past and its owner has not kept it in, the owner is responsible for the damages and must pay "ox for ox" and the dead beast shall be his own.
It is worth noting that the concept of "three strikes" laws, where an individual who has been convicted of three or more serious criminal offenses is given a mandatory life sentence, is a modern concept and not found in ancient laws such as the ones outlined in the book of Exodus.
It should be also noted that these laws were given to the Israelites as a specific set of guidelines for their society, and should not be applied or interpreted in a modern context without careful consideration as the legal system and society have evolved since then.
WHY
The laws outlined in the book of Exodus, including the law of the goring ox, were given by God to Moses as a set of guidelines for the Israelites to govern their religious, moral, and social conduct, as well as their relations with each other and with other nations. The laws were intended to promote justice, fairness, and responsibility within the Israelite community.
The law of the goring ox specifically serves to hold the owner of the animal responsible for any harm caused by their property, particularly if the animal has a history of causing harm and the owner has not taken proper precautions to keep it restrained or controlled. It also ensures that the person or entity who has been harmed is fairly compensated for their loss.
The principle of lex talionis, or the "law of retaliation" is also present in this law, which stipulates that punishment should be in proportion to the crime, an eye for an eye, a tooth for a tooth, etc. This principle serves as a deterrent for wrongdoing and as a means of ensuring that individuals take responsibility for their actions.
It is important to note that these laws were given within a specific historical and cultural context and should not be applied or interpreted in a modern context without careful consideration. The legal system and society have evolved since then, and modern laws and legal systems have developed different approaches to addressing issues of personal injury, property rights, and criminal law.
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In addition to providing guidelines for the Israelite community, the laws given in the book of Exodus also reflect the values and beliefs of the ancient Israelite society. For example, the laws emphasize the importance of community, responsibility, and fairness. They also reflect a belief in the importance of personal responsibility, as individuals are held accountable for their actions and the actions of their property. The laws also reflect the Israelite society's religious beliefs, as they were believed to be given by God and were seen as a way to live in accordance with God's will. The Israelites believed that by following these laws, they would be able to maintain a close relationship with God and live in a just and harmonious society. It is also worth noting that the laws in the book of Exodus were not intended to be applied in the same way as modern laws. They were given within a specific historical and cultural context, and were understood and applied within that context. They were not meant to be applied in a rigid and literal way, but rather to be interpreted and applied with wisdom and discretion. In summary, the laws outlined in the book of Exodus, including the law of the goring ox, were given by God to Moses as a set of guidelines for the Israelites to govern their religious, moral, and social conduct, as well as their relations with each other and with other nations. They were intended to promote justice, fairness, and responsibility within the Israelite community and reflects the values and beliefs of the ancient Israelite society.
אוֹ נוֹדַע, כִּי שׁוֹר נַגָּח הוּא מִתְּמוֹל שִׁלְשֹׁם, וְלֹא יִשְׁמְרֶנּוּ, בְּעָלָיו--שַׁלֵּם יְשַׁלֵּם שׁוֹר תַּחַת הַשּׁוֹר, וְהַמֵּת יִהְיֶה-לּוֹ.