1)

PAYING FOR DAMAGE TO A SLAVE (Yerushalmi Perek 8 Halachah 5 Daf 36a)

[ãó ìå òîåã à] îúðé' çøù ùåèä å÷èï ôâéòúï øòä äçåáì áäï çééá åäï ùçáìå áàçøéí ôèåøéï

(a)

(Mishnah): Encounters with a Cheresh, lunatic or child are bad. One who damages any of them is liable. If any of them damaged others, he is exempt.

äòáã åäàùä ôâéòúï øòä äçåáì áäï çééá åäï ùçáìå áàçøéí ôèåøéï àáì îùìîéï ìàçø æîï

(b)

Encounters with a slave or (married) woman are bad. One who damages either of them is liable. If either of them damaged someone, he or she is exempt now, but pays later;

ðúâøùä äàùä åðùúçøø äòáã çééáéï ìùìí

1.

If the slave is freed or the woman is divorced, then he or she is liable to pay.

äîëä àáéå åàîå åòùä áäï çáåø' åäçåáì áçáéøå áùáú ôèåø îëåìï îôðé ùäåà ðéãåï áðôùå

(c)

One who strikes his father or mother and makes a wound, or one who strikes a person on Shabbos is exempt from all [damages] because he is liable to die.

åäçåáì áòáã ëðòðé ùìå ôèåø îëåìï:

(d)

One who strikes his Kena'ani slave is exempt from all [damages].

âî' [ö''ì úðé åäòãéí ùàîøå îòéãéï àðå òì ôìåðé ùñéîà ùúé òéðéå ëàçú ùäôéì ùúé ùéðéå ëàçú àéðå ðåúï ìå ëìåí - äâø''ç ÷ðéáñ÷é ùìéè''à, ìòéì äìëä ã]

(e)

(Gemara - Beraisa): If witnesses say 'we testify that Ploni blinded both eyes [of his slave] at once, or he knocked out two of his teeth at once, [he goes free, but] he does not give to him any [money];

[ö''ì æå àçø æå éåöà ìçéøåú áøàùåðä. åðåúï ìå ãîé ùðééä - äâø''ç ÷ðéáñ÷é ùìéè''à]

1.

[If he blinded or knocked them out] one after the other, he goes free due to the first, and [his master] pays him the value of the second.

úðé åäòãéí ùàîøå îòéãéí àðå òì ôìåðé ùñéîà òéï òáãå åäôéì ùéðå ùëï äøá àåîø åðîöàå æåîîéï îùìîéï ìòáã åëå'.

(f)

(Beraisa): Witnesses who said 'we testify that Ploni blinded the eye [of his slave] and [afterwards] knocked out his tooth, for so the master said, and they were found to be Zomemin, they pay to the slave [the excess value of an eye over a tooth].

[ãó ìá òîåã à (òåæ åäãø)] îï àäï òåáãà îéîø ëï.

(g)

Question: Can you say so from this episode?! (MAHARA FULDA - it connotes that there was no other testimony. If so, they do not owe the slave anything, rather, they owe the master! The answer is simple; the Bavli (73b) brings it, but the Yerushalmi does not. Previous witnesses testified that he blinded his eye after he knocked out his tooth, and he owes to him the value of an eye. The latter witnesses were Mezim them, and said that at another time, he blinded his eye and afterwards knocked out his tooth.)

àîø ø' ðñä åéðåï ãîøåï ëï îòéãéï àðå òì ôìåðé ùðëðñ úçú éãå ùìí åéöà çáåì áùúéí éåöà ìçéøåú áøàùåðä. åðåúï ìå ãîé ùðééä:

(h)

(R. Nasah): These [witnesses] who say 'we testify that Ploni entered [his master's house] intact, and he left with two wounds (limbs were maimed)' - he goes free due to the first, and pays him the value of the second.