Mesorat%20hashas for Bava Kamma 8:1

הַחוֹבֵל בַּחֲבֵרוֹ חַיָּב עָלָיו מִשּׁוּם חֲמִשָּׁה דְבָרִים, בְּנֶזֶק, בְּצַעַר, בְּרִפּוּי, בְּשֶׁבֶת, וּבְבֹשֶׁת. בְּנֶזֶק כֵּיצַד. סִמָּא אֶת עֵינוֹ, קָטַע אֶת יָדוֹ, שִׁבֵּר אֶת רַגְלוֹ, רוֹאִין אוֹתוֹ כְּאִלּוּ הוּא עֶבֶד נִמְכָּר בַּשּׁוּק וְשָׁמִין כַּמָּה הָיָה יָפֶה וְכַמָּה הוּא יָפֶה. צַעַר, כְּוָאוֹ בְשַׁפּוּד אוֹ בְמַסְמֵר, וַאֲפִלּוּ עַל צִפָּרְנוֹ, מְקוֹם שֶׁאֵינוֹ עוֹשֶׂה חַבּוּרָה, אוֹמְדִין כַּמָּה אָדָם כַּיּוֹצֵא בָזֶה רוֹצֶה לִטֹּל לִהְיוֹת מִצְטַעֵר כָּךְ. רִפּוּי, הִכָּהוּ חַיָּב לְרַפְּאֹתוֹ. עָלוּ בוֹ צְמָחִים, אִם מֵחֲמַת הַמַּכָּה, חַיָּב. שֶׁלֹּא מֵחֲמַת הַמַּכָּה, פָּטוּר. חָיְתָה וְנִסְתְּרָה, חָיְתָה וְנִסְתְּרָה, חַיָּב לְרַפְּאֹתוֹ. חָיְתָה כָל צָרְכָּהּ, אֵינוֹ חַיָּב לְרַפְּאֹתוֹ. שֶׁבֶת, רוֹאִין אוֹתוֹ כְּאִלוּ הוּא שׁוֹמֵר קִשּׁוּאִין, שֶׁכְּבָר נָתַן לוֹ דְמֵי יָדוֹ וּדְמֵי רַגְלוֹ. בֹּשֶׁת, הַכֹּל לְפִי הַמְבַיֵּשׁ וְהַמִּתְבַּיֵּשׁ. הַמְבַיֵּשׁ אֶת הֶעָרֹם, הַמְבַיֵּשׁ אֶת הַסּוּמָא, וְהַמְבַיֵּשׁ אֶת הַיָּשֵׁן, חַיָּב. וְיָשֵׁן שֶׁבִּיֵּשׁ, פָּטוּר. נָפַל מִן הַגָּג, וְהִזִּיק וּבִיֵּשׁ, חַיָּב עַל הַנֶּזֶק וּפָטוּר עַל הַבֹּשֶׁת, שֶׁנֶּאֱמַר (דברים כה) וְשָׁלְחָה יָדָהּ וְהֶחֱזִיקָה בִּמְבֻשָׁיו, אֵינוֹ חַיָּב עַל הַבֹּשֶׁת עַד שֶׁיְהֵא מִתְכַּוֵּן:

If one injures his neighbor, he is liable for five things: nezek (injury), tza'ar (distress), ripui (healing), sheveth (layoff), and shame (bosheth). "Nezek" — How (is it assessed)? If he blinded his eye, or cut off his hand, or broke his leg, he (the injured one) is perceived as a bondsman being sold in the marketplace, and it is estimated how much he would have been worth (without the injury) and how much he is worth (with it). [For if he had to, he could sell himself as a Hebrew bondsman, so that the one who injured him caused him to lose this amount.] "Tza'ar" — If he burned him with a spit or with a nail, even on his fingernail, a place where no wound is made, it is estimated how much such a man would ask for (in payment) to be thus afflicted. [The more "delicate" he is, the greater his distress and his pain.] "Ripui" — If he struck him, he must heal him. If growths [white blisters] developed — If because of the wound, he is liable; if not because of the wound, he is exempt. If it healed and returned; healed and returned, he must heal it. If it healed entirely, he need not heal it. "Sheveth" — We perceive him as a watcher of gourds, for he has already received payment for his hand or foot. [All the days of his illness we perceive him as a watcher of gourds, and we give him his daily pay. For he is not fit for any other labor, even if he were not ill. For his hand or foot were cut off, and he has already been compensated for this.] "Bosheth" — all according to the shamer [(The "lesser" the shamer the greater the shame)] and the one shamed. [The greater he is, the greater the shame.] If one shamed a naked man, a blind man, or a sleeping man, he is liable. And if a sleeping man shamed (someone), he is not liable. If one fell from a roof and caused injury and shamed, he is liable for the injury and not liable for the shame, it being written (Deuteronomy 25:11): "And she send forth her hand and seize his privy parts" — One is not liable for shaming unless he has intent (to shame). [All five are derived from verses: Nezek — (Exodus 21:24): "An eye for an eye." This cannot mean an eye, literally, for it is written (Numbers 35:31): "And you shall not take kofer ('ransom') for the soul of a murderer." For the soul of a murderer you do not take ransom, but you do take ransom for organ prominences (which do not grow back). For if one blinded his neighbor's eye, he gives him the value of his eye. And this is the intent of "An eye for an eye." Tza'ar is derived from (Ibid. 25): "A wound for a wound." This is a superfluous verse to make him liable for tza'ar even where there is (payment for) nezek — that it not be said that he has acquired (payment for) his hand and he must have it amputated in any event; but we say that he could have had it amputated medicinally and this one cut it off with iron and caused him tza'ar, for which reason he pays tza'ar. Ripui and sheveth — (Ibid. 19): "Only his sheveth shall he give and heal shall he heal." And this, only when the sickness is caused by the wound. But if the injured one were derelict and failed to heed the doctor's instructions, the mazik need not pay the sheveth and ripui incurred thereby. Bosheth — (Ibid. 11): "Then you shall cut off her hand" — monetary compensation. And by Torah law "no law in the world" can be adjudicated by any judges except ordained judges in Eretz Yisrael, it being written (Exodus 22:8): "Until elohim shall come the matter of both," and only judges ordained in Eretz Yisrael are called "elohim." (Litigations involving) loans, buying and selling, penalties, admissions, and denials, however, are adjudicated outside of Eretz Yisrael as if the judges were the messengers of the beth-din in Eretz Yisrael and acted in their behalf. And this, only with common occurrences entailing monetary loss, such as a beast causing damage through shen and regel (muadim), or a man injuring a beast. But (litigations involving) a beast injuring a man or one man injuring another are not adjudicated outside of Eretz Yisrael at all. Rather, the one causing the injury or the damage is ostracized until he goes up (for judgment) to Eretz Yisrael with the party to the dispute or agree to a compromise close to that deemed just by the judge. But nothing determinate is ruled upon there. And this applies to all of the penalty payments indicated in Scripture and in the entire Talmud. They may not be imposed by judges outside of Eretz Yisrael. But the one liable for them is ostracized, as we have explained.]

Explore mesorat%20hashas for Bava Kamma 8:1. In-depth commentary and analysis from classical Jewish sources.