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|KESUVOS 35 (18 Adar) - Dedicated by Harav Shlomo Weinberger of Brooklyn, NY, in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, a Holocaust survivor who raised his family in a new country, bequeathed his children steadfast commitment to Torah and its study.|
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. (1)
Rava: Reish Lakish compares Chiyuvei Malkus to a person who wounds an animal. (2)
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. (3)
An Ailonis (a woman who is infertile) does not receive a Knas. (4)
A BIT MORE
1. Rebbi Yochanan: Even though one is exempt for any payments when he is Chayav Misah even when he is Shogeg, he is liable to pay when he does an Aveirah that is Chayav Malkus when he is Shogeg. Reish Lakish: We learn the law of payment in cases of Chiyuvei Malkus from Chiyuvei Misah.
2. Just as a person who wounds an animal is always Chayav even when he does so b'Shogeg, one who commits an Aveirah that is Chayav Malkus is always exempt from payment even if he does the Aveirah b'Shogeg.
3. Since she was married, she is no longer assumed to be a Besulah. Only a Besulah receives a Knas.
4. An Ailonis never passes through the stage of being a Na'arah, because she never develops two pubic hairs. Therefore, she goes straight from being a Ketanah to being a Bogeres. According to Rebbi Meir, only a Na'arah receives a Knas.
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.
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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