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KIDUSHIN 24

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SUMMARY

The Tana Kama holds if a wife redeems Ma'aser Sheni she must add a fifth while R. Meir argues. (1)
 
If a wife redeems the Ma'aser Sheni of her husband with the money of her husband she must add a fifth. (2)
 
If a wife redeems the Ma'aser Sheni of her husband with her own money it is not necessary to add a fifth.
 
R. Meir holds that Ma'aser Sheni is Mamon Gavohah (Hekdesh) while the Rabanan hold that Ma'aser Sheni is Mamon Hedyot.
 
If the master severs the eye or tooth of his Nochri servant or any one of the 24 limb tips that do not heal and are in a revealed part of the body the servant goes free.
 
If the master knocks out a baby tooth from his servant he does not go free.
 
If the master pulls at the beard of the servant and dislodges a bone the servant goes free.
 
If the master hits the servant in the hand and causes it to temporary shrivel up the servant does not go free.
 
It is a Machlokes Tana'im if a servant whose limb was severed by his master requires a Get Shichrur. (3)
 
If the master hits the servant in the eye or ear and blinds or deafens him he goes free.
 
If the master hits the servant next to the eye or ear and the loud sound causes him to go blind or deaf he does not go free. (4)
 
If an animal breaks utensils by virtue of making a loud noise it is a Machlokes Tana'im if the owner must pay half Nezek or full Nezek. (5)
 
If someone frightens his friend he is Patur b'Dinei Adam but Chayav b'Dinei Shamayim; consequently if one blows in his friend's ear he is Patur, but if he grabs the ear and blows in it he is Chayav.
 
If the master hits the eye or tooth of the servant and damaged it, if he can still use the eye of tooth he does not go free, but if he can no longer use it he goes free.
 
If the eye or tooth of the servant was already damaged and the master blinded him or knocked out the tooth, if the eye or tooth was originally still functional the servant goes free.
 
If the master was a doctor and he was attending to the servant and accidentally blinded him or knocked out his tooth, the Rabanan hold he goes free, while R. Shimon Ben Gamliel argues.
 
The Rabanan agree that if the master was attending to his pregnant maidservant and stuck his hand in the womb and accidentally blinded the child that he does not go free. (6)
 
If the servant was blind and his master knocks out the eye completely the servant goes free.
 
An animal is Pasul for a Korban if it has a Mum but a bird is only Pasul for a Korban if it is missing a limb.

A BIT MORE

1. When Ma'aser Sheni is redeemed a fifth must be added, however this is true only if the owner of the Ma'aser redeems it but if it is redeemed by someone else it is not necessary to add a fifth. Abaye says that in this case the wife is redeeming the Ma'aser Sheni of the husband with money that was given to her on condition that it is used for redemption. We must switch the Shitos, the Tana Kama holds that the wife is Koneh and since it is her money it is not necessary to add a fifth, while R. Meir holds that the husband is Koneh the money and since it is his money she must add a fifth. Rava says that it is not necessary to switch the Shitos and that the case is that she inherited the Ma'aser Sheni from her father and she is redeeming it with the money of her husband. R. Meir holds that Ma'aser Sheni is Mamon Gavohah (Hekdesh) and therefore the husband does not have a Kinyan in it and since she is redeeming her Ma'aser with his money it is not necessary to add a fifth, while the Tana Kama holds that Ma'aser Sheni is Mamon Hedyot and therefore the husband is Koneh the Ma'aser and since she is redeeming it with his money she must add a fifth.
 
2. When a wife redeems the Ma'aser Sheni of her husband she is regarded as his Shali'ach and she must add a fifth.
 
3. According to some opinions if his eye or tooth was severed no Get Shichrur is required but if any other limb is severed a Get Shichrur is required because it is a Midrash Chachamim.
 
4. Because it was the fright that blinded or deafened him and it was not a direct result of the blow of the master.
 
5. The damages is regarded as Tzeroros (an indirect damage) and it is a Machlokes between Sumchus and the Chachamim if the owner of the animal must pay half or full damages for Tzeroros.
 
6. Because he was not aiming for the eye at all as opposed to the first case that the master was aiming for the eye even though he wasn't trying to hurt him.

BRIEF INSIGHT

CHIYUV B'DINEI SHAMAYIM
 
If the master hits the servant next to the eye or ear and blinds or deafens him he does not go free because it was the fright that blinded or deafened him and someone who frightens his friend is Patur b'Dinei Adam but Chayav b'Dinei Shamayim. The Rashash asks that Rashi holds that when a person is Chayav b'Dinei Shamayim if the claimant grabs the money he is owed b'Dinei Shamayim. Therefore in the case of the servant he is in possession of his own body and since the owner is obligated b'Dinei Shamayim to free him he has 'grabbed' his so why does not he go free? The Rashash answers that since a servant whose limb was severed goes free only because of a Knas there is no obligation to free him b'Dinei Shamayim.

QUICK HALACHAH

A BAD FRIGHT
 
If someone frightens his friend and his friend falls ill from the fright he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. However this is only true if he didn't touch, for example he screamed at him from behind or appeared to him [suddenly] in the dark or if he screamed in his ear and deafened him. If he grabbed his ear and screamed in his ear and deafened him or if he touched him and pushed him or grabbed his clothing at the time that he frightened him he is Chayav b'Dinei Adam. (Rambam Hilchos Chovel u'Mazik 2:7)

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