THE FIVE DAMAGES (Yerushalmi Perek 8 Halachah 1 Daf 34a)
îúðé' äçåáì áçáéøå çééá òìéå îùåí çîùä ãáøéí áðæ÷ áöòø áøéôåé áùáú åááåùú
(Mishnah): If one wounded his friend, he is liable for five categories of payment: Nezek, pain, Refu'ah (medical expenses), Sheves (compensation for loss of wages until he can work again), and embarrassment.
áðæ÷ ëéöã ñéîà àú òéðå ÷èò àú éãå ùáø àú øâìå øåàéï àåúå ëàéìå òáã ðîëø ëîä äéä éôä åëîä äåà éôä
How do we evaluate Nezek? If he blinded his eye, cut off his hand or broke his leg, we evaluate the loss of Shimon's value (if he would be sold to be a slave).
öòø ëåééå áùôåã àå áîñîø àôéìå òì öôåøðå î÷åí ùàéðå òåùä çáåøä àåîãéí ëîä àãí ëéåöà áæä øåöä ìéèåì ìäéåú îöèòø ëê:
Pain - if he burned him with a spit or nail, even on his fingernail, in a place that does not make a wound, we evaluate how much a person like this would ask to receive in order to be pained this way.
âî' úðé äçåáì áçáéøå çîùä ðåúï ìå çîùä àøáòä ðåúï ìå àøáòä ùìùä ðåúï ìå ùìùä ùðéí ðåúï ìå ùðéí àçã ðåúï ìå àçã.
(Gemara - Beraisa): If one wounded his friend five (all the ways taught in this and the coming two Mishnayos), he gives to him five [payments. If he damaged him in] four [ways], he gives to him four; three, he gives to him three; two, he gives to him two; one, he gives to him one.
åäéëé äëäå òì éãå å÷èòä ðåúï ìå çîùä ðæ÷ öòø øéôåé ùáú åáåùú
How is this? If he hit him on his hand and cut it off, he gives to him five - Nezek, pain, Refu'ah, Sheves, and embarrassment;
äëäå òì éãå åöáú ðåúï ìå àøáòä öòø øéôåé ùáú åáåùú
If he hit him on his hand and it swelled (and it will heal), he gives to him four - pain, Refu'ah, Sheves, and embarrassment;
äëäå òì øàùå åöáú ðåúï ìå ùìùä öòø øéôåé (ùáú) [ö''ì åáåùú - ôðé îùä]
If he hit him on his head and it swelled (and it will heal), he gives to him three - pain, Refu'ah, and embarrassment;
áî÷åí ùàéðå ðøàä ðåúï ìå ùðéí öòø øéôåé
If he hit him in a place that is not seen, he gives to him two - pain and Refu'ah;
áèåîåñ ùáéãå ðåúï ìå àçã áåùú.
If he hit him [in front of others] with a bundle of documents in his hand, he gives to him one - embarrassment.
ø' éøîéä áòé ÷èò éãå åçæø å÷èò éãå îîòìï îäå ùéúï ìå öòø ùì ùòä øàùåðä.
Question (R. Yirmeyah): If he cut off his hand, and later cut off higher [on his arm, there is only one payment of Nezek], does he pay pain [separately] for the first act [or one payment for both? This is not resolved. We explained based on TOSFOS 85b DH Nehi.]
ëúé' [ùîåú ëà ëã] òéï úçú òéï ùï úçú ùï [ãó ì òîåã á (òåæ åäãø)] åáî÷åí àçø äåà àåîø [ãáøéí éè ëà] åìà úçåñ òéðéê
Question: It says "Ayin Tachas Ayin Shen Tachas Shen'', and elsewhere it says "v'Lo Sachos Einecha [...Ayin b'Ayin...]''! (Why are both needed?)
àçã ùåââ åàçã îæéã.
Answer: They teach that Shogeg and Mezid are the same. (Both pay money. We do not remove the damager's eye.)
éàîø ùåââ åàì éàîø îæéã
Question: The Torah could have taught about Shogeg, and it would not need to teach about Mezid!
ùàéìå ðàîø ùåââ åìà ðàîø îæéã äééúé àåîø ùåââ éùìí îîåï îæéã ìà éùìí ëìåí [ãó ìã òîåã á] äåé öåøê ìåîø ùåââ åöåøê ìåîø îæéã.
Answer: Had it taught Shogeg, and not said Mezid, I would say that Shogeg pays money, and Mezid does not pay anything (rather, we truly remove his eye)! Therefore, it needed to say Shogeg and it needed to say Mezid;