Miszna
Miszna

Komentarz do Bawa kamma 8:6

Rambam on Mishnah Bava Kamma

One who slaps his companion gives to him a selah rabbi Yehudah says...
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

התוקע לחבירו – who attaches his fingers in the palm of his hand and strikes him with a fist (see Talmud Bava Kamma 90a about other possible meanings – like slapping his neighbor on the ear or shouting into his ear).
Ask RabbiBookmarkShareCopy

English Explanation of Mishnah Bava Kamma

If a man boxed the ear of his fellow, he must pay him a sela (four. Rabbi Judah says in the name of Rabbi Yose the Galilean: “A maneh (one hundred.”
If he slapped him he must pay 200 zuz.
If with the back of his hand, he must pay him 400 zuz.
If he tore at his ear, plucked out his hair, spat at him and his spit touched him, or pulled his cloak from off him, or loosed a woman’s hair in the street, he must pay 400 zuz.
This is the general rule: all is in accordance with the person’s honor.
Rabbi Akiva said: “Even the poor in Israel are regarded as free people who have lost their possessions, for they are the children of Abraham, Isaac and Jacob. It once happened that a man unloosed a woman’s hair in the street and she came before Rabbi Akiva and he condemned him to pay her 400 zuz. He said, “Rabbi, give me time”. And he gave him time. He caught her standing at the entrance to her courtyard, and he broke a jug of one issar’s worth of oil in front of her. She unloosed her hair and scooped up the oil in her hand and laid her hand on her head. He had set up witnesses up against her and he came before Rabbi Akiva and said to him, “Rabbi, should I give one such as this 400 zuz?” He answered, “You have said nothing.”
If a man injures himself, even though he has no right to do so, is not liable. But others who injure him are liable.
If a man cuts down his own saplings, even though he has no right to do so, is not liable. But, if others cut them down, they are liable.

Most of mishnah six deals with injuries inflicted on another person that do not cause lasting damage but cause great embarrassment. The end of the mishnah deals with people who injure themselves or their own property.
Sections one through four contain a list of fines a person must pay for striking another person. These types of blows will probably not cause any damage and therefore the fines are for embarrassment only. Note that these are extremely large fines. They demonstrate that Jewish law takes publicly embarrassing another person very seriously and penalizes such a person with a stiff financial penalty. Indeed according to Jewish tradition one who publicly embarrasses another is akin to a murderer.
Section five tempers the fines imposed in sections one through four. According to section five, these fines are imposed only one those people who are of the highest honor and are therefore greatly embarrassed by being slapped etc. Rabbi Akiva disagrees with this statement. According to Rabbi Akiva, one of the greatest, if not the greatest Rabbi in the Mishnah, all of Israel is of equal honor, since all of Israel comes from the same roots. A person’s honor is not based on his current financial status, as the opinion in section five intimates. Rather it is based on his noble roots as a descendant of Abraham, Isaac and Jacob.
The story in sections 6a through 6f illustrates this point. In this story a man disgraces a woman who, as we learn later in the story, is willing to disgrace herself over a tiny portion of oil. (An issar is probably less than an ounce of oil). Nevertheless, Rabbi Akiva makes the man pay 400 zuz, as he would have to pay to a woman of the most honorable status. According to Rabbi Akiva, all Israelites are of equal honor, even those who are poor.
Section seven relates to the story told in section six. Here, and in the next section, we learn that a person is not allowed to injure himself, but there is nevertheless no penalty for doing so. However, if another person should inflict such an injury on him, he is liable, even if the injured person regularly should injure himself. In the example in the story, although the woman undid her own hair, and thus disgraced herself, no other person has the right to do this to her.
Section eight relates a similar law with regards to cutting down saplings. A person should not cut down his own saplings but if he should do so, he is not liable. However, if another should cut down his saplings, he is liable, even though this is something that the person himself has done before.
A final note on unloosing a woman’s hair. This phrase can alternatively be translated “to uncover a woman’s hair.” In Mishnaic times it was customary for men and women to cover their hair in public. It was considered a disgrace for anyone to go out with their hair uncovered.
Ask RabbiBookmarkShareCopy

Rambam on Mishnah Bava Kamma

One who slaps his companion, this is one who strikes his companion with the palm of his hand closed, on the back of his neck. 'He slaps'- That he hit him with the palm of his hand on his face. With the back of his hand he hits him- with the back of the hand, this is more embarrassing. He pulls his ear- that he hurts his ear as if it was stung. And what that it says 'everything is according to their honor' means to say the explanation is these amounts that are mentioned these are the maximum, what they would give to an important person. And if it was a lesser person, they will lessen for him from these amounts. And they don't give money except for based on his importance. And Rabbi Akiva disagrees with this and says that all of Israel is equal in these laws. And from the main rules of judgement that the court should note extend the time of cases of damages, however Rabbi Akiva gave time with embarrassment alone. And the law is not like Rabbi Akiva when he makes everyone equal and t not like he law is not like Rabbi Yehuda. And all of these are fines and the law is in the land of Israel as has been explained.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

נותן לו סלע – the monetary value of his embarrassment. But the Halakha is not according to Rabbi Yehuda who holds that he gives him a Maneh.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

סטרו – that he struck him with the palm of his hand on his cheek, and there is greater indignity.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

צרם – pulled. Another language: he cut/damaged.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

הכל לפי כבודו – all of these monies that were mentioned in the Mishnah are not other than for the most honored. But for a despised person, we lessen it for him.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

אמר רבי עקיבא וכו' – Rabbi Akiva disputes with the first Tanna/teacher as he holds that whether the person is honored or despised, they are equivalent for the laws of these fines. But the Halakha is not according to Rabbi Akiva.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

ונתן לו זמן – and these words are for indignity when it doesn’t cause loss of money, we give him time. But for damages that cause him loss of money, we don’t give him time.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

שימר – he waited until he saw here standing at the entrance of her courtyard.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

ובו כאיסר שמן – oil that is purchased for an Issar.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Bava Kamma

לזו אני נותן ארבע מאות זוז – for on an Issar’s worth of oil she disregarded herself to reveal her head and she shows that she is not strict about indignity/embarrassment.
Ask RabbiBookmarkShareCopy
Poprzedni wersetCały rozdziałNastępny werset