For the source text click/tap here: Bava Kamma 33
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The Mishna on our daf teaches that if the shor tam was worth a maneh (100 dinar) and it killed an ox that was worth 200 dinar, the owner of the dead animal will simply take the shor tam as his own (since its value is half of the damage that it caused).
The Gemara identifies the author of this Mishna as Rabbi Akiva, who believes that in a case where both sides agree to the details of what took place, there is no need to involve the courts in the matter, since the law is clear and the two parties can work it out between them. Rabbi Yishmael disagrees, arguing that only the beit din can decide the value of the two animals and declare how much must be paid. The Gemara explains that while Rabbi Yishmael believes that the accident creates a monetary obligation for the owner of the damaging ox to pay, Rabbi Akiva believes that the accident automatically gives the owner of the ox that was injured a part ownership (or in this case, full ownership) in the shor tam that gored.
We explore the notion of protecting one’s property with the use of force if necessary.