Oxen

Bava Kamma 46a ~ Injuries from Cows

בבא קמא מו, א

שור שנגח את הפרה ונמצא עוברה בצדה ואין ידוע אם עד שלא נגחה ילדה אם משנגחה ילדה משלם חצי נזק לפרה ורביע נזק לולד וכן פרה שנגחה את השור ונמצא ולדה בצדה ואין ידוע אם עד שלא נגחה ילדה אם משנגחה ילדה משתלם חצי נזק מן הפרה ורביע נזק מן הולד

If a bull gored a cow and its newly-born calf is found dead nearby, and it is not known whether the birth of the calf preceded or followed the goring, half damages are paid for the injuries inflicted upon the cow but only quarter damages are paid for the loss of the calf. If a cow gored a bull and a live calf was found nearby, so that it was unknown whether the birth of the calf preceded or followed the goring, half damages can be recovered out of the value of cow ,and quarter damages out of the  value of her calf. (Bava Kamma 46a.)

BullS vs people: the score so far

The Spanish Matador Victor Barrio was  gored to death  by a bull in Teruel, Spain last Shabbat. He was buried  on Monday .

The Spanish Matador Victor Barrio was gored to death by a bull in Teruel, Spain last Shabbat. He was buried on Monday.

It's been a tough week for bullfighters. Last week, during the annual festival of running with the bulls in Pamplona, eleven men (including three Americans) were gored.  Meanwhile in the Italian village of Pedreguer near Valencia, a 28-year-old man died after a bull’s horn pierced his lung and heart during a run with the bulls there. Finally, last Shabbat, on the very day that we learned a page of Talmud about bullfighting, Victor Barrio, a 29-year-old professional matador, was killed when a bull’s horn pierced his chest as he competed in a fight in the town of Teruel in the eastern region of Aragon. He was the first matador to die in a bullfight since 1992. As we learned last week, Lorenzo, the 1,000 pound bull would not have been held liable in Jewish law, but this fact didn't help the him. Or his mother.   The killer bull and his mother were slaughtered for meat, because in Spanish tradition, the mother of any bull that kills a human is also destined to be slaughtered, in order to “kill off the bloodline”.  This news seems to make more relevant the talmudic discussions of the liabilities if an ox gores a person. But wait a minute. The opening chapters of Bava Kamma, the tractate currently being studied in the Daf Yomi cycle, focuses heavily on the legal liabilities of an ox that gores. But these were bulls. Is there any difference?

Just what is an ox?

The Hebrew word used in the Talmud is shor - (שור, rhymes with shore). Consider the following verse from Leviticus 22:27:

שור או כשב או עז כי יולד והיה שבעת ימים תחת אמו 

Here are some of the ways it is translated into English:

  • When a bull or a goat is born, it shall be seven days under its mother... (Robert Alter. The Five Books of Moses. [Alter seems to have forgotten to translate the word כשב]).
  • When an ox or a sheep or a goat is born, it shall be seven days under its mother...(S.R. Hirsch. The Pentateuch, translated into English by Isaac Levy.)
  • When any of the herd, or a sheep, or a goat is brought forth, then it shall be seven days under its dam..(The Pentateuch, translated into English by M. Rosenbaum and A.M. Silberman.)
  • When an ox or a sheep or a goat is born, it shall stay seven days with its mother...(The JPS Torah Commentary, ed. N. Sarna.)
  • When a bullock or a sheep or a goat is brought forth, then it shall be seven days under its dam...(Koren Jerusalem Bible.)
  • When a calf, a lamb or a goat is born, it is to remain with its mother for seven days...(New International Version.)
  • When a bullock, or a sheep, or a goat, is brought forth, then it shall be seven days under the dam...(King James Bible)

There are more, but you get the point. The word shor (שור) has been translated as a bull, an ox, a calf, a bullock and as a collective, any of the herd.  The Koren Talmud, The ArtScroll Schottenstein Talmud and the Soncino Talmud all translate it as ox.  Confused? Me too.

Here are some of  The Shorter Oxford English Dictionary definitions of an ox:

1. The domestic bovine quadruped (sexually dist. as bull and cow); in common use, applied to the male castrated and used for draught purposes, or reared to serve as food.

2. Zool. Any beast of the bovine family of ruminants, including the domestic European species, the 'wild oxen' preserved in certain parks in Britain, the buffalo, bison, gaur, yak, musk-ox, etc.

In his late nineteenth century translation of the Jerusalem Talmud into French, Moise Schwab translated the word shor as "le bouef" (rather than "le teureau"). De Sola's English translation of the Mishnah, published in 1843, uses the word ox. So does the 1878 compendium by Joseph Barclay, and the first complete English translation of the Talmud, by Michael Rodkinson, published between 1896 and 1903.  The translation of shor as ox is goes back to these early translations, but the suggestion that the meaning of the word is a 'castrated male bovine quadraped' is certainly wrong. Jews are forbidden to castrate their animals, and a castrated bull would have been ineligible to use as a sacrifice. And so we must conclude that the best translation of the word shor (שור) is a bull. 

The delightfully named lecturer Dr. Goodfriend from California State University recently published a lengthy paper (in this book) on the various terms for cattle in the Bible, and the question of whether a castrated bull (a gelding) could have been offered as a sacrifice in the Temple.  The good professor Goodfriend concludes that indeed the prohibition against the castration of animals "would have placed the Israelite farmer at a disadvantage as fewer suitable animals would have been available for his use." One possible way to overcome come this (other than to use cows for ploughing) would have been to import castrated bulls from those who lived outside of Israel.  

Cow-related trauma is a common among farming communities and is a potentially serious mechanism of injury that appears to be under-reported in a hospital context. Bovine-related head-butt and trampling injuries should be considered akin to high-velocity trauma.
— Murphy, CG. McGuire, CM. O’Malley, N. Harrington P. Cow-related trauma: A 10-year review of injuries admitted to a single institution. Injury 2010. 41: 548–550.

Injuries from Domestic bulls (and Cows too)

Mechanisms of injury from cows. From Murphy, CG. McGuire, CM. O’Malley, N.  Harrington P.  Cow-related trauma: A 10-year review of injuries admitted to a single institution.   Injury   2010. 41: 548–550.

Mechanisms of injury from cows. From Murphy, CG. McGuire, CM. O’Malley, N.  Harrington P.  Cow-related trauma: A 10-year review of injuries admitted to a single institution. Injury 2010. 41: 548–550.

Injures from bullfighting are hardly surprising, and the Talmud in Bava Kamma does not focus its attention on them. Rather, it addresses injuries from domestic bulls and cows outside of the bull fighting arena. This is made clear in the Mishnah we will learn in the Daf Yomi cycle tomorrow, which discusses injuries caused by a cow. It turns out that these kind of injuries remain common even today. In 2009, orthopedists from Our Lady of Lourdes Hospital in Ireland published a fascinating paper entitled Cow-related trauma: A 10-year review of injuries admitted to a single institution. Over a decade, the hospital admitted 47 people with cow related trauma, most of whom sustained their injuries from kicking (unlike matadors, who suffer from horn related injuries). And next time you feel like walking across a field containing some gentle-looking cows, remember this: one of the patients was admitted with a head injury, a hip fracture and hypothermia after being trampled on by his herd of cattle in a field and found a number of hours later.

If a bull be a goring bull and it is shown that he is a gorer, and he does not bind his horns, or fasten the bull, and the bull gores a free-born man and kills him, the owner shall pay one-half a mina in money. If he kills a man’s slave, he shall pay one-third of a mina.”
— Code of Hammurabi, Articles 251–252.

In another paper Blunt Bovine and Equine Trauma - from La Crosse Lutheran Hospital in Wisconsin, researchers provided this illustrative case:

A 57-year-old male was pinned to the ground by a 2,000 pound dairy bull and repeatedly knocked to the ground forcefully at least seven times before he was able to crawl from the pen…Examination revealed the following injuries: bilateral flail chest, 13 rib fractures, bilateral hemopneumothoraces, renal contusion, two forearm fractures, left shoulder dislocation, bilateral scapula fractures, and dental alveolar fractures. The patient was treated by...mechanical ventilation for 15 days…His hospital course was complicated by Klebsiella pneumonia and at 16-month followup he remained severely dyspneic, unable to perform his usual farm work.

Cattle look gentle, and for the most part, they are.  But they are large beasts with incredible strength. Hikers (and farmers) beware.

 John Singer Sargent.  Shoeing The Ox , 1910. Oil on board. From the collection of the Aberdeen Art Gallery, Aberdeen, Scotland.

 John Singer Sargent. Shoeing The Ox, 1910. Oil on board. From the collection of the Aberdeen Art Gallery, Aberdeen, Scotland.

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Bava Kamma 35a ~ Analgesia for Animals

בבא קמא לה, א

ההוא תורא דהוה בי רב פפא דהוה כיבין ליה חינכיה עייל ופתקיה לנזייתא ושתי שיכרא ואיתסי

There was an ox in the house of Rav Pappa that had a toothache. It went inside, pushed the cover off a beer barrel, drank the beer, and was healed.

Descartes on Animal Pain

The silly notion that animals do not feel pain is widely thought to have originated with the French philosopher Rene Descartes (1596-1650). "They eat without pleasure, cry without pain, grow without knowing it; they desire nothing, fear nothing, know nothing". While these words were those a student of Descartes, the contemporary philosopher Peter Harrison notes that they are generally thought to capture the essence of Descartes' view of animals. "The father of modern philosophy" continues Harrison, "is credited with the opinion that animals are non-sentient automata, an opinion for which over the centuries he has been ridiculed and vilified."

To be able to believe that a dog with a broken paw is not really in pain when it whimpers is a quite extraordinary achievement, even for a philosopher.
— John Cottingham. "A Brute to the Brutes?' Descartes's Treatment of Animals. Philosophy 1978; 53; 551-559.

Scientists Ignoring Animal Pain

Vivisection of a dog. From J. Walaeus.  Epistola Prima de Motu Chyli et Sanguinis  (1647) .

Vivisection of a dog. From J. Walaeus. Epistola Prima de Motu Chyli et Sanguinis (1647).

The debate as to Descartes' true view is fascinating, but need not detain us. What is certain is that the pain that animals undoubtedly feel was either denied as existing, or overlooked for centuries by scientists.  Animals were used for experiments of the most horrendous kind in the names of science, even when the pain was evident to those who were causing it. Here, for example, is the French physiologist Claude Bernard (d. 1878), who felt that without vivisection, 'neither physiology not scientific medicine is possible': 

A physiologist is not a man of fashion, he is a man of science, absorbed by the scientific idea where he pursues: he no-longer hears the cry of animals, he no-longer sees the blood that flows, he sees only his idea...no anatomist feels himself in a horrible slaughter house; under the influence of a scientific idea, he delightfully follows a nervous filament through stinking livid flesh, which to any other man would be an object of disgust and slaughter.
It is sometimes said that people in the seventeenth century had no motion of cruelty to animals and Descartes even argued that animals are mere machines, incapable of feeling pain. It is also said there was so much cruel treatment of one human being by another in the seventeenth century that what was done by the vivisectionists to animals would scarcely have seemed horrendous.
— David Wootton. Bad Medicine. Oxford University Press 2006. 108-109.

Do Fish Feel Pain? - Yes!

The tropical Zebrafish grow to about 2.5 inches in length.  And they don't like pain.

The tropical Zebrafish grow to about 2.5 inches in length.  And they don't like pain.

Rav Pappa's ox sought out pain relief from beer, but recent evidence has shown that it's not just oxen who like to have their pain relieved.  So do fish.  In a paper in the The Journal of Consciousness Studies, Lynn Sneddon demonstrated that not only can fish feel pain, but that they are willing to pay a cost to get pain relief. Zebrafish, like humans, prefer an interesting environment to a boring one. When given a choice, these fish swim in an enriched tank with vegetation and objects to explore, rather than in one that is bare. With me so far? OK. Next, Sneddon, from the University of Liverpool in the UK, injected the tails of the zebrafish with acetic acid, which no doubt annoyed them, but did not cause any change in their preference for the interesting tank over the one that was bare.  Finally, she injected the fish with acetic acid, but added a painkiller into the water of the bare tank. This time, the fish chose to swim into the bare but drug filled tank. Fish who were injected with saline as a control remained in the enriched tank and did not swim into the drug enhanced bare tank.  The conclusion: zebrafish are willing to pay a cost in return for getting relief from their pain. Similar observations have been made in rodents too; when in pain, they will self administer analgesics, preferring to drink analgesic dosed water or eat dosed food when presented with a choice. 

Defining Animal Pain

In the scientific world there was  - and perhaps still is -  a debate about the nature of pain that animals may feel.  Sneddon, the fish physiologist, wrote that if we are to conclude that animals experience pain in a way similar to humans, then (1) "animals should have the apparatus to detect and process pain; (2) pain should result in adverse changes in behavior and physiology; and (3) analgesics (painkillers) should reduce these responses..." Thanks to advances in microscopy and physiology, today we know that animals have many of the anatomical features (like nerves that transmit the pain stimulus) needed to process pain.  

The Ox of the House of Rav Pappa

Rav Pappa's ox demonstrated the second and third of Sneddon's features: pain changed the behavior of the ox (off it trotted to find pain relief ), and analgesia, (in this case beer) indeed reduced the pain response.  Of course we are left wondering how it was known that the ox of the house of Rav Pappa specifically had a toothache, (and not say sinusitis or a bad migraine), but based on what we know about the ways in which fish and rodents will seek out an environment in which painkillers are available, the story is no where near as fanciful as we might suspect.  

קיצור שולחן ערוך - קצא

אָסוּר מִן הַתּוֹרָה לְצַעֵר כָּל בַּעַל חָי. וְאַדְּרַבָּא, חַיָב לְהַצִּיל כָּל בַּעַל-חַי מִצַּעַר 

It is forbidden to cause pain to any living creature. In fact a person is required to save any living creature from pain...(Abbreviated Code of Jewish Law by Shlomo Ganzfreid, 1864).

 

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