Yerushalmi Bava Kamma 3:10 ירושלמי בבא קמא ג׳:י׳

MISHNAH: A person may be liable for the action of his bull but not liable for his own action, not liable for the action of his bull but liable for his own action: If his bull puts to shame, he is not liable;¹³²An animal cannot insult a human; cf. Chapter 1, Note 17. but if he put to shame, he is liable. If his bull blinded the eye of his slave or knocked out his tooth, he is not liable; but if he himself blinded the eye of his slave or knocked out his tooth, he is liable¹³³The rules of Ex. 21:26–27 decree only that a slave gain his freedom if he is mistreated by his owner personally.. If his bull injured his father or his mother, he is liable¹³⁴As for injury to any third person.; but if he himself injured his father or his mother, he is not liable¹³⁵Since he committed a capital crime (Ex. 21:15) and nobody has to pay if he is tried for his life (Terumot 7:1, Notes 3–73; Ketubot 3:1).. If his bull set fire to a stack of sheaves on the Sabbath; he is liable, but if he set fire to a stack of sheaves on the Sabbath, he is not liable since he will be tried for a capital crime¹³⁵Since he committed a capital crime (Ex. 21:15) and nobody has to pay if he is tried for his life (Terumot 7:1, Notes 3–73; Ketubot 3:1)..

HALAKHAH: ¹³⁹The ms. has the text placed correctly after Halakhah 11 but with a wrong header, “Halakhah 9”. In the editio princeps, the paragraph was then wrongly inserted after Halakhah 8; it refers to Mishnah 12.: “Two tame bulls,” etc. ¹⁴⁰The parallels are Šabbat 2:2 (5a l. 31), Erubin 10:12 (26c l. 47), Pesaḥim6:1 (33b l. 34); Babli Bava qamma 34b, Šabbat 106a, Beṣah 12b, Yebamot 16b, Sanhedrin 62b. Ben Pedaia said: Spoilers are not liable¹⁴¹“Liable” and “not liable” here mean “guilty” and “not guilty” under the laws of the Sabbath. In the first introductory paragraph to the laws of the Sabbath (Ex. 16:29) only leaving the camp was forbidden. In the Ten Commandments (Ex. 20:10), “all work” is forbidden without a definition of what constitutes “work”. The missing definition is deduced from Ex. 35. That Chapter starts with a repetition of the Sabbath prohibitions and then proceeds with the instructions for the building of the Tabernacle. One concludes that the work necessary for building the Tabernacle is the work forbidden on the Sabbath (Mekhilta dR. Ismael, Wayyaqhel). Then in v. 33 the work of Beṣalel and Aholiab, the builders of the Tabernacle, is defined as מְלֶכֶת מַחֲשָׁבֶת “thinking work”. The only work which constitutes a punishable desecration of the Sabbath is intentional constructive work. Therefore, any purely destructive work is not punishable. except for one making a fire and one causing a wound. Rebbi Joḥanan said, one making a fire only if he needs the ashes; one causing a wound only if he needs the blood¹⁴²Without exception, destructive work without positive effects is not punishable.. But did we not state: “His bull”¹⁴³In the Mishnah here.? His bull needs ashes¹⁴⁴As the Babli explains, 35a, an intelligent bull which has a wound on its back sets a fire because it needs the ashes to wallow in them to ease its pain..