Arachin 7a — ערכין ז.

The Gemara is surprised. Does that mean the Tanna Kamma holds that he is returned to court for a new case? Rashi explains that this is asked in wonder, since a court does not drag out the judgment of one who is sentenced to death.

Rav Yosef says that here too the argument turns on a loan made by word of mouth, and whether the heirs must pay it.

The Tanna Kamma holds that the heirs do pay such a loan, so he owes for the injury, and his heirs pay it after his death.

In Rabbi Shimon ben Elazar's view, the heirs do not pay it.

Rabbah says that all agree the heirs owe nothing on a loan made by word of mouth. The argument is whether a debt the Torah imposes counts like a debt with a shtar.

The Tanna Kamma holds that it does count like a debt with a shtar.

In Rabbi Shimon ben Elazar's view, it does not.

The Gemara raises a difficulty from a baraita. A man dug a pit in reshut harabim (the public domain), and an ox fell in on top of him, and the man died. The ox's owner owes nothing. Rabbeinu Gershom explains that the digger had no right to dig in reshut harabim.

More than that: if the ox died, the digger's heirs must pay its value to the ox's owner. So a debt the Torah imposes does count like one with a shtar, and the heirs pay it. Rashi explains that this is a difficulty for the first version, which places the argument in our Mishnah: there the unnamed Tanna Kamma holds that the heirs do not pay, and here an unnamed baraita says they do. Rashi adds that some aim this difficulty at Rabbi Shimon ben Elazar, and he finds that hard to understand, since Rabbi Shimon ben Elazar is a Tanna and may disagree with a baraita.

Rabbi Ila says in the name of Rav that the baraita speaks of a digger who stood trial before he died. Rashi explains that once the court ruled that he must pay, his debt is fixed, like a debt with a shtar, so the heirs pay it.

The Gemara objects: but the baraita says the digger was killed outright! There was no time for a trial.

Rav Adda bar Ahava says that the ox made him a treifah (wounded so badly that he would die from it). He lived long enough to stand trial, and then he died.

The Gemara objects again. But Rav Nachman said that Chagga taught the baraita this way: he died, and the ox buried him. Rabbeinu Gershom explains that the ox knocked earth down into the pit as it fell, and both of them died there and were buried under it, so the digger could not have stood trial.

The Gemara resolves this: the judges sat at the mouth of the pit. Rashi explains that they ruled at once that he must pay, before he died, so his heirs pay.