(c) 2000 Dr Hendel; 1st appeared in Bais Medrash (c) Torah.Org

Date: Sun, 17 Jan 1999 21:34:56 -0500 (EST)
From: Russell Hendel <  rhendel@mcs.drexel.edu>
Subject: Re: Goring Ox

Rabbi Teitz writes in Bais Medrash Vol 1 Number 75
<  <  Unfortunately, the answer does not address THIS question.  It addresses
the question of why an ox that a man (or woman) used sexually is killed.
After all, what does the animal know of the Biblical prohibitions.  As to
why an ox that gored is judged might be simply because it will cause a
monetary loss to the owner, and that must be decided by Beit Din.  I do not
know if the g'mara discusses whether 3 judges are sufficient, as in any
monetary case, or if 23 are needed, as in a capital case.>  >

No. It is an explicit law that the "stoned animal" requires a court of 23
(Rambam Sanhedrin, 5:4). The explanation I cited above works for both
sexual immorality ("There goes the animal that so and so sinned with") and
for murder ("There goes the animal that killed so and so"). In both cases
we are preventing the deceased from being embarassed after death (For the
idea that being killed is "embarassing" see Rambam, Damages,Chp 5)

Russell Jay Hendel; Phd ASA
RHendel @ mcs drexel edu