יום ד', פרשת ואתחנן
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- Summary of the Daf
- One who damages an animal is obligated to pay the owner, whether he damaged it intentionally or not.
One who kills another person is exempt from any payments, regardless of whether he did so intentionally or not, and regardless of whether the killing happened Derech Yeridah or Derech Aliyah.
Rebbi Yochanan: One who mistakenly commits an Aveirah that is punishable with Malkus is obligated for to pay for any damages he did. Reish Lakish: He is exempt from payment.
Rava: Reish Lakish compares Chiyuvei Malkus to a person who wounds an animal.
A person who wounds his friend and damages less than the value of a Perutah is Chayav Malkus.
Rabah: According to Rebbi Meir, a person pays a Knas even if he is Chayav Misah.
A girl who did Mi'un does not receive a Knas.
An Ailonis (a woman who is infertile) does not receive a Knas.
- Brief Insight
WOUNDING AND DAMAGING AT THE SAME TIME
Reish Lakish rules that a person who is Chayav Malkus and at the same time has a monetary obligation is exempt from paying, even though he did not receive Hasra'ah and thus does not receive the Malkus. The Gemara explains that Reish Lakish derives this through a Gezeirah Shavah from a case of one who wounds his friend, where one is Patur from all payments even if, at the same time, he tears his friend's clothing. The Pnei Yehoshua says that he is exempt from paying for his friend's damaged clothing only in a case in which the wound he inflicts is less than the value of a Perutah. If the damage is more than a Perutah, since -- in such a case -- he does not get Malkus, he must pay for the damage of the wound, and he also must pay for the damage that he did to his friend's clothing.
- Quick Halachah
DAMAGING AN ANIMAL
It is forbidden to hit another person. One who does so transgresses the Lav in the verse, "Lo Yosif... Pen Yosif," which warns the agent of Beis Din against giving extra lashes to a person who is Chayav Malkus. If the Torah is concerned that a Rasha who is Chayav Malkus should not receive extra lashes, then certainly one may not hit a Tzadik. One who lifts his hand to strike his friend is called a Rasha, even though he does not actually hit him. One who wounds his friend less than the value of a Perutah receives Malkus, since there is no monetary obligation. (Shulchan Aruch CM 420:1-2)
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