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Previous daf Bava Kama 44
1) [line 3] ARBA'AH DEVARIM
(a) A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to
pay five payments, i.e. four payments in addition to Nezek, which one must
always pay for damages. The five payments are:
1. NEZEK (Damages; also known as Pegam) - If one causes damage to the person
of a fellow Jew, such as blinding his eye, cutting off his hand or breaking
his foot, Beis Din assesses the damages that he caused based on the
depreciation such damages would cause to a slave on the slave market.
(b) The owner of an animal that wounds a person is only required to pay for
the damages (Nezek), as is learned from the verse, "[v']Ish [Ki Yiten Mum]
ba'Amiso, [Ka'asher Asah, Ken Ye'aseh Lo.]" - "[And if] a man [causes a
blemish] in his neighbor; just as he has done, so shall it be done to him"
(Vayikra 24:19). The Gemara (Bava Kama 26a, 33a) learns from this verse that
only people are required to pay the extra four payments.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount
that the injured person would be ready to pay to have the identical injury
inflicted in a painless manner (Bava Kama 85a). Pain payments are due even
if no other damage (other than the pain) was inflicted -- for example, if
one person burned another's fingernail without causing a wound (Mishnah,
ibid.). The amount of this payment ultimately depends upon the physical and
financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik
3. RIPUY (Medical expenses) - He must pay all medical costs until the
injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the
injured person's recovery. Sheves is evaluated as if the injured person is
protecting a pumpkin patch from birds, a job that requires only minimal
exertion and can be accomplished even by an invalid. (The money that the
injured person loses due to his permanent handicap, though, is covered by
the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person
who caused the embarrassment and the status of person who was embarrassed.
According to most opinions, the shame caused *by* an undignified person is
greater than the shame caused by an average or dignified person (YERUSHALMI
Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM
Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM
420:24). Others rule that the shame caused by an *average* person is greater
than the shame cause by an undignified or a dignified person (RASHI to
Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for
Ones and Pituy, which follow the previous opinion). With regard to a person
who was embarrassed, shame caused *to* a dignified person is greater than
the shame that an average or undignified person suffers (Bava Kama ibid.).
2) [line 20] MISCHAKECH - the animal rubbed itself [against a wall]
3) [line 23] NEFALIM - (lit. stillborn fetuses) an infant that is not yet
thirty days old that does not have the status of a "Ben Kayama"
4) [line 23] BEN KAYAMA - an infant at least thirty days old that has a
"Chezkas Chai," the assumption that it will continue living
5) [line 26] B'MU'AD LIPOL AL BENEI ADAM B'VOROS - when it became as Shor
ha'Mu'ad with regard to falling on [and killing] people who were in
cisterns. The bull is not stoned while it is a Tam since we are dealing with
cases where it noticed foliage growing over the mouth of the cistern and it
attempted to eat the foliage when it fell in.
6) [line 29] CHAZA YERUKA, V'NAFAL - it saw foliage and fell [in]
7) [line 1] TZEROROS
(a) If one's animal caused damage to another person's property in an
indirect manner -- that is, with the force of its body but without its body
coming into direct contact with the damaged item, such as by walking and
kicking up pebbles that -- through the ballistic action caused by the force
of the animal's body -- caused damage, the owner is obligated to pay
restitution for the damage.
(b) The Tana'im argue what the extent of the owner's liability is in such a
case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the
full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah
l'Moshe mi'Sinai that the owner is obligated to pay for only half of the
damage (Chatzi Nezek).
8) [line 2] DEKA'AZIL MINEI MINEI - it (the wall) was being pushed by (and
was in direct contact with) the bull until it was thrown down; the damage
was not caused through "Tzeroros"
9) [line 28] "...V'ARAV LO V'KAM ALAV..." - "[But if any man hates his
neighbor,] and lies in wait for him, and rises up against him, [and strikes
him mortally so that he dies, and flees to one of these cities;]" (Devarim
10) [line 30] PRAT L'ZOREK EVEN L'GEV - to exclude the case of throwing a
stone into [a group of people]
11) [line 31] RUBA KENA'ANIN NINHU (KOL D'PARISH, ME'RUBA PARISH / KOL
KAVU'A, K'MECHETZEH AL MECHETZEH DAMI)
(a) KOL D'PARISH, ME'RUBA PARISH - When there is a doubt as to the source of
a certain item, i.e. from where it comes or to which group it belongs, the
Torah informs us that we may resolve the doubt according to certain set
rules. One of these rules is "Haloch Achar ha'Rov" (assume that an item
comes from the largest group). For instance, if a piece of meat is found
lying on the street (or in the hands of a Nochri in the street), and most of
the meat in the town is Kosher, it can be safely assumed that the meat is
kosher. The source for Haloch Achar ha'Rov is the verse, "Acharei Rabim
l'Hatos" (Shemos 23:2, Chulin 11a).
(b) KOL KAVU'A, K'MECHETZEH AL MECHETZEH DAMI - If, however, the nature of
the item is in doubt while it is still "in its place," or Kavu'a, (i.e. it
was not separated from the other items of its kind), we do not follow the
Rov. Instead, we remain in doubt as to the status of the item. For instance,
if a person buys meat and then forgets whether he bought it at a Kosher or
non-Kosher store. We cannot assume that the meat is Kosher just because most
of the stores in the town are Kosher, since we are questioning its status
while it is still in its proper place (= the store) before it was separated
from the other pieces of meat in the store.
12) [line 31] SAFEK NAFASHOS L'HAKEL
(a) Where there is a doubt (a 'Safek') as to whether an object or act is
permitted or prohibited Halachah in a Torah matter, the Torah obligates us
to take the more stringent opinion.
(b) Where there is a doubt as to whether a person is to receive the death
sentence or not, the Torah teaches us to take the more lenient approach and
not to sentence hiim to death. This is learned from the verse "v'Hitzilu
ha'Edah" - "and the congregation shall save" (Bamidbar 35:25).
13) [line 33] KOL KAVU'A, K'MECHETZEH AL MECHETZEH DAMI
See above, entry #11.
14) [line 35] APOTROPOS - (O.F. seneschal) steward, manager of the estate
(RASHI to Sukah 27a)
15) [line 35] SHOR HA'MIDBAR - (lit. desert bull) an ownerless bull
16) [line 35] SHOR HA'HEKDESH - a bull that belongs to Hekdesh (sanctified
to be the property of the Beis ha'Mikdash]
17) [line 37] SHOR SHOR SHIV'AH - the word "Shor" appears seven times in the
verses (Shemos 21:28-32) that deal with a bull killing people (one time is
necessary to introduce the topic and the other six add the six cases of the
Mishnah and Beraisa -- TOSFOS DH Shor Shor)
18) [line 47] "...V'HU'AD BI'VALAV [V'LO YISHMERENU] V'HEIMIS [ISH O
ISHAH...]" - "[But if the ox was prone to gore with its horn in the past,]
and its owner had been warned, [but he had not watched it properly,] and it
killed [a man or a woman, the ox shall be stoned, and its owner also shall
pay Kofer (lit. be put to death; see Background to Bava Kama 40:1).]"
19a) [line 47] HA'AMADAH V'DIN - the time that they stand in court
b) [line 47] GEMAR DIN - the announcement of the verdict
20) [line 48] SHOR SHE'HU YOTZEI LISAKEL (SHOR HA'NISKAL)
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to
death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence
is issued (Bava Kama 41a). One of the instances of Shor ha'Niskal is an
animal, whether a Tam or a Mu'ad (see Background to Bava Kama 33:10:a) that
killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b) In the event that an animal killed a person, only if two witnesses saw
the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one
witness saw it, or if there were no witnesses but the owner told Beis Din of
the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit
to be brought as a Korban (Bava Kama 40b).
(c) The Gemara teaches that the animal is only put to death if it killed a
person in a manner that would have warranted that death sentence had the act
been committed by a person. For this reason, if the animal killed
unintentionally, or it killed a person that was a Tereifah (see Background
to Bava Kama 41:6), the animal is not put to death since a person who kills
in such a manner is not given the death sentence.
21) [line 50] MASRO L'SHOMER CHINAM UL'SHO'EL L'NOSEI SACHAR, UL'SOCHER (4
SHOMRIM - four types of watchmen mentioned in the Torah)
(a) SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item
for no reimbursement. He is liable for damages only in cases of Peshi'ah
(negligence), but not in cases of theft or loss, and certainly not in a case
of Ones (an unavoidable accident).
(b) SHO'EL - the Sho'el, the borrower, is one who borrows an item from his
friend and is obligated to take care of it. He is liable for damages in
cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable
accident). (He is exempt from damages only in a case of "Meisah Machmas
Melachah," when the item was damaged in the normal manner of usage.)
(c) NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to
watch an article. He is liable for damages in cases of Peshi'ah
(negligence), theft or loss, but is not liable in a case of Ones (an
(d) SOCHER - the Socher, or renter, is one who pays money to rent an item
from his friend. He is liable for damages in cases of Peshi'ah (negligence),
theft or loss, but is not liable in a case of Ones (an unavoidable accident)
(RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia
whether the Socher has the status of the Nosei Sachar, or the status of a
22) [line 50] NICHNESU TACHAS HA'BE'ALIM - the watchmen take the place of
the original owner with regard to his responsibilities and liabilities