Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Thu, 25 Aug 2016 03:00:00 -0700 240 Bava Kama 87 - SUMMARY R. Yehudah holds that a blind person is Patur from all of the Dinim and all of the Mitzvos of the Torah. R. Chanina says that a person who does a Mitzvah that he was commanded to do is greater than someone who does a Mitzvah that he is not commanded to do. A person who injures his friend must pay five payments and if he causes a woman to miscarry he must pay for the child, while an animal only pays Nezek and doesnít pay for a child that was miscarried. If a person injures his father without causing a wound, or if he injures his friend on Yom Kipur he must pay five payments. (1) If someone wounds a Jewish servant he must pay all of the payments with the exception of Sheves if it is his own servant. If someone wounds his friendís non- Jewish servant he must pay all of the payments to the master, while R. Yehudah says he is Patur from paying Boshes. If someone wounds a deaf-mute or a Katan he must pay all of the payments, but a deaf-mute or a Katan who wounds someone is Patur from paying. If a non-Jewish servant or a married woman injure someone they are Patur until the servant is freed or the woman is divorced. (2) Someone who injures his own non-Jewish servant is completely Patur from paying. A father has the right to marry off his daughter who is a Ketanah to whoever he chooses and the money he receives for the Kidushin belongs to him. It is forbidden Min ha'Torah to injure someone and even a father may not injure his daughter. Rav says that if someone wounds a Ketanah only the Sheves is given to the father but the other payments are paid to her. If someone wounds his friendís son if the son is a Gadol the payments are given to him immediately and if he is a Katan it is invested for him until he becomes a Gadol. (3) R. Chisda says that the money that is owed the Katan is invested in a Sefer Torah and Rabah Bar R. Huna says that it is invested in palm trees. If the father injures his daughter who he doesnít support he is Patur from paying the extra Sheves that she does not need for her support. (4) If someone else injures her he pays the father the extra Sheves that she doesnít need for her support and the other payments are given to the daughter. If a father injures his son or daughter who he supports he is Patur from paying the Sheves. It is a Machlokes if a master may force his non-Jewish servant to work for him even though does not give him food. A Jewish servant must be given the same food and drink that the master partakes in. A lost object that is found by a child who is supported by his father belongs to the father. (5)
 
**A BIT MORE**
1. If he wounds his father he is Patur from paying because he is Chayav Misah. Someone who wounds his friend on Yom Kipur is Chayav Kares not Misas Bais Din and therefore he must pay, however if he injures his friend on Shabbos since he is Chayav Misah he is Patur from paying. 2. Everything that a servant owns belongs to his master and the fruit of everything that a woman owns belongs to her husband and therefore even though they are Chayav to pay for the injuries that they cause they have no money of their own. Therefore if the servant is freed or the woman is divorced they are obligated to pay. 3. Even if the father supports his son all of the payments including the Sheves are given to the son, not the father, because the father forfeits the payments to his son since it is not costing him anything and the payments are a result of physical pain that the son suffered. 4. However the Sheves that she needs for her support he must pay her along with the other four payments. 5. Because of the concern that if the child keeps his own Metziíah it will cause the father to resent him.

]]>
Bava Kama 87 - INSIGHTS PATUR FROM MITZVOS R. Yehudah holds that a blind person is Patur from all of the Mitzvos of the Torah. Tosfos says that although he is Patur Min ha'Torah he is Chayav d'Rabbanan because otherwise R. Yosef would not have been happy that he is Patur from all of the Mitzvos. Even though a woman is Patur from time bound Mitzvos Aseh and she is not Chayav even d'Rabbanan that is because there are plenty of Mitzvos that a woman is Chayav to do, however if a blind person would not be Chayav d'Rabbanan in the Mitzvos he would be Patur from all Mitzvos and he would be like a non-Jew.

]]>
Bava Kama 87 - HALACHA CAUSING A WOUND If someone injures his father or mother without causing a wound he is Chayav five payments, if he causes a wound he is Chayav Misah and therefore he is Patur from pating. Even if he is a Shogeg he is Patur even though he is not Chayav Miah. Therefore a son shall not remove a thorn from his father or open up a blister because of the possibility that he will cause a wound. (Shulchan Aruch CM 224:1)

]]>
Bava Kama 87 - LAMDAN Why is a person who does a Mitzvah that he was commanded to do greater than someone who does a Mitzvah that he is not commanded to do? Authorís Comment on Yesterday's Lamdan The Chiyuv of Boshes is different than the other four payments because although Adam haíMazik isi Chayav even for an Ones the Chiyuv for Boshes is only if it was intentional. Consequently the Chyuv of Boshes is a Chiyuv Knas according to Rashi and since it is a Chiyuv Knas the payment is a fixed sum just like many Knasos are a fixed sum.

]]>
Bava Kama 86 - SUMMARY If someone hits his father without wounding him he must pay the five payments. (1) If someone deafens his father he is Chayav Misah because it is inevitable that at least one drop of blood was spilled in his ear. If someone injures his friend and he is temporary devalued but he will eventually recover Abaye says he must pay Hezek while Rava holds that he only pays Sheves, not Hezek. (2) If someone cuts off the hand of the Jewish servant of his friend Abaye says he pays the Nezek to the servant and the Sheves to the master, while Rava holds that all of the payments are give to the servant and he must buy land with it and the fruit of the land is given to the master. If he cuts off the ear of the servant since the work of the servant is not hindered all of the payments are given to the servant. R. Me'ir says that whether a person embarrasses a rich or poor person there is no difference, he pays the sum that would be paid to a free person who lost his fortune. R. Yehudah says that amount that is paid for embarrassment is dependent on the prominence of the victim. R. Shimon says that if he embarrasses a rich person he pays the sum that would be paid to a free person who lost his fortune and if he embarrasses a poor person he pays the sum that would be paid to a destitute pauper. If someone intends to embarrass a Katan and he embarrasses a Gadol or if he intends to embarrass a servant and embarrasses a free person he pays the amount of Boshes that would be paid to a Katan or to a servant. (3) R. Yehudah holds that one does not have to pay for embarrassing a servant. R. Shimon holds that someone who intends to kill one person and kills another person or intends to embarrass one person and embarrasses another person is Patur. If the wind lifts a personís clothes and someone comes along and lifts it even further he must pay Boshes. . If someone goes to the river to wash himself and someone embarrasses him he is Chayav. If someone embarrasses a blind person he is Chayav. If someone embarrasses a sleeping person and he dies in his sleep it is a Safek if he is Chayav Boshes. (4) If a sleeping person embarrasses someone he is Patur. If someone falls off a roof and damages someone and also embarrasses him he is Chayav for Nezek but not for Boshes. (5) Someone who embarrasses a deaf-mute or a Katan must pay Boshes, but if he embarrasses a Shoteh he is Patur. Rebbe says that a person who embarrasses a Katan only pays Boshes if the Katan is mature enough to be embarrassed when he is reminded of his embarrassment. (6) The Tana of our Mishnah holds that a blind person who embarrasses someone is Chayav, while R. Yehudah holds he is Patur. R. Yehudah holds that a blind person is Patur from Galus if he kills someone unintentionally, while R. Me'ir argues. R. Yehudah holds that a blind person is also Patur from Malkus and Misos Bais Din. A blind person may not testify in Bais Din.
 
**A BIT MORE**
1. However if he wounds him he is Chayav Misah and he is Patur from paying because of Kim Lay bíDeraba Minei. 2. According to Abaye the amount of Sheves that he gives is according to what he would be paid as a guardsman even though after he will heal he will take a more lucrative position because the Nezek that he pays covers the difference, while according to Rava since he doesnít pay Nezek he must pay for Sheves according to how much he would receive for the more lucrative profession that he is normally engaged in. 3. This Beraisa is not in accordance with R. Shimon who holds that someone who intends to embarrass one person and embarrasses another person is Patur. 4. The Safek is whether the Chiyuv of Boshes is for causing embarrassment to the person or for disgracing the person. If the Chiyuv is for causing embarrassment he is Patur since the person was never embarrassed because he died in his sleep. According to R. Papa the question is whether the Chiyuv is for causing embarrassment to the person or causing embarrassment to his family. 5. A person is only Chayav for Boshes if it was intentional. 6. According to Rebbe the Chiyuv of Boshes is for causing embarrassment, not for disgracing the person, and therefore it depends if the Katan is mature enough to feel embarrassment.

]]>
Bava Kama 86 - INSIGHTS UNINTENTIONAL EMBARRASSMENT R. Shimon holds someone who intends to embarrass one person and embarrasses another person is Patur. The Ra'avad says that this Din applies only to Boshes not to Nezek or any of the other payments. Therefore if someone intends to injure a Katan and he injures a Gadol he must pay completely for the injury. Even though he only intended to injure a Katan he is Chayav to pay for the injury of a Gadol because an Adam haíMazik is Chayav even for a Shogeg. However, regarding Boshes he is only Chayav to pay the Boshes of a Katan because the Chiyuv of Boshes is only if it was intentional and since he did not intend to embarrass a Gadol he only pays the amount that is paid to a Katan.

]]>
Bava Kama 86 - HALACHA SHAVING HAIR If someone shaves off a personís hair he only pays Boshes. If he puts cream on his head and permanently removes his hair he must pay five payments. He must pay for pain because the cream is painful and he must pay for Sheves because he formerly was capable of dancing for a living and shaking his hair while he danced and he is no longer capable of doing so. (Shulchan Aruch CM 420:12) He only pays Sheves for shaving his hair if the victim formerly danced for a living. (Sm'a)

]]>
Bava Kama 86 - LAMDAN R. Me'ir holds that the Chiyuv of Boshes is the same for everyone irregardless if he embarrasses a rich or poor person. Why is the Chiyuv of Boshes a fixed payment while the Chiyuv of the other for payments are dependent Authorís Comment on Yesterday's Lamdan Tosfos says that I would think that since Hashem Yisborach made him sick if a doctor heals him it gives the appearance that he is negating the decree of the King of Kings.

]]>
Bava Kama 85 - SUMMARY Rebbi holds that a Klal and Perat may not be learned if the Perat is far from the Klal, while Ben Azai argues. If a person injures his friend and also causes him pain he must pay for Nezek and for the pain The amount that is paid for the pain is evaluated in accordance with how much a person who is condemned to have his hand cut off with a sword will pay to have it cut off instead in a painless manner. If a person wounds his friend and blisters develop as a result of the injury causing the wound to worsen he must pay for the additional medical expenses and unemployment. If blisters develop because the victim disregarded the instructions of the doctor to avoid certain foods causing the wound to worsen he is not obligated to pay for the additional medical expenses and unemployment. If the victim was instructed not to wrap the wound and he wrapped it anyway causing the wound to worsen he does not have to pay for the additional medical expenses or unemployment. If the victim was told he could wrap the wound but not too much if he wrapped it too much the Tana Kama holds that he must pay for the additional medical expenses and unemployment. R. Yehudah says that he is Chayav to pay for the additional medical expenses, but not for the unemployment. (1) The Chachamim say that he is Patur from paying both for the additional medical and for the unemployment. The Torah gives a doctor the right to heal. If the perpetrator offers to heal the wound himself or to bring a doctor who works for free or who lives in a distant place the victim may insist that he must pay for a local doctor. (2) If the victim wants to heal himself and not use a doctor the perpetrator may insist that a doctor be used because if he doesnít heal properly people will call him a Shor haíMazik. All four payments of Tzar, Ripuy, Sheves and Boshes are paid even if Nezek is also being paid. A person who causes damage must pay whether he is a Shogeg, Meizid, Ones or Ratzon. The amount of unemployment that is paid if a person cuts off his friendĎs arm or leg is according to how much the victim would be paid as a guardsman. (3) If a person blinds his friend the amount of unemployment that is paid is according to him much he would receive for working in a mill. If a person deafens his friend he must pay the total value of his friend because a deaf person is not fit to engage in any type of work. If a person cuts off his friendís hand and than cuts off his foot and than he blinds him and deafens him it is a Safek if the Tzar and Boshes of each injury is evaluated separately or all at once. (4) It is a Safek to Rabah if someone injures his friend and he is temporary devalued but he will eventually recover completely if he must pay for Nezek or he only must pay for Sheves.
 
**A BIT MORE**
1. R. Yehudah holds that since the Torah used a double Lashon for Ripuy it teaches us that even though the victim wrapped it too much he must pay for the additional medical expenses but he is Patur from paying for unemployment, while the Tana Kama holds that since he is Chayav to pay for the medical expenses he must pay for the unemployment as well. 2. The victim may insist that the he doesnít want the perpetrator to heal him since he doesnít trust him and he also has the right not to use a doctor who works for free or a doctor who is from a distant place because a doctor who works for free is not worth anything and a doctor who is not local is not as careful with his work since he does not practice locally. 3. Even though prior to his injury he was capable of engaging in a more lucrative profession, however now that he has been permanently injured he will no longer be capable of earning more than a guardsman and therefore that is the amount that he is paid for unemployment while he recovers from his wounds. The payment of Nezek covers for the loss of income that he incurs as a result of the fact that he will no longer be capable of engaging in his previous profession and will be forced to work as a guardsman after he recovers from his illness. 4. However, Sheves is not paid at all because when he deafens him he must pay his complete value and consequently he is akin to being his servant and he doesnít have to pay for Sheves.

]]>
Bava Kama 85 - INSIGHTS LOCKED IN The Gemara states that if a person locks his friend into a room and causes him to miss work he must pay for unemployment. The Rosh says that he is only Chayav to pay if he pushed into the room and locked the door. However if the person was already in the room and he locked the door preventing him from getting out it is considered Grama and he is Patur. Just as a person who knocks down the wall of the pen of his friend allowing his animals to escape is Patur because it is a Grama so too if he locks the animal into a pen and it dies from hunger it is also a Grama. Therefore in if he locked the person in a room it is a Grama and he is Patur unless he pushed the person into the room before he locked the door.

]]>
Bava Kama 85 - HALACHA EXTRA FOOD If someone injures his friend for the amount of less than a Perutah he is punished with Malkus since there is no Chiyuv to pay money. Even if a person injures a non-Jewish servant he is punished with Malkus since an Eved Kinani is Chayav in Mitzvos. If someone wounds his friend he must pay the five payments of Nezek, Tzar, Ripuy, Sheves and Boshes when all of these payments apply. According to some opinions he also must pay for extra food that the victim needs during the duration of his illness. (Shulchan Aruch CM 420:2, 3)

]]>
Bava Kama 85 - LAMDAN Why would I think that it is not permissible for a Doctor to heal someone? Authorís Comment on Yesterday's Lamdan Abaye holds that even if an eye for an eye was literal it is a not a punishment from Bais Din but rather it is regarded as a payment to the Nizak. It is tantamount to paying the Nizak for his eye by having his own eye knocked out. Consequently, it is not similar to Malkus at all. Malkus is a punishment from Bais Din and therefore even if he ends up dying from the Malkus it is not a concern, however an eye for an eye is a payment to the Nizak and it is a concern that he may die in the process.

]]>