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BAVA KAMA 83

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SUMMARY

It is permitted to speak Lashon Yevanis, but it is forbidden to speak Chochmas Yevanis. (1)
 
The family of R. Gamliel was permitted to speak Chochmas Yevanis because they were close to the Malchus.
 
It is forbidden to shave the front of the head while leaving the hair long in the back of the head because it is Darkei Emori.
 
Avtulmus Bar Reuven was permitted to shave the front of his head because he was close to the Malchus.
 
It is forbidden to raise a dog unless it is kept on a leash.
 
It is permitted to raise a dog in a border city; it shall be tied up during the day and unleashed at night.
 
It is forbidden to put down bird traps within thirty Ris (4 Mil) of the city. (2)
 
Within a region of vineyards or bird coops it s forbidden to place bird traps even 100 Mil from the city. (3)
 
A bird coop may not be placed within 50 Amos of the city to prevent the birds from destroying the crops of the fields. (4)
 
Someone who wounds his friend must pay for damages, pain, medical expenses, unemployment and embarrassment.
 
Damages are evaluated in accordance with how much less a person would pay to buy an injured person for a servant.
 
If blisters develop as a result of the wound the perpetrator must pay for the extra Ripuy, but if it is not as a result of the wound he is Patur.
 
If the wound was somewhat healed and subsequently degenerated the perpetrator must pay, if the wound healed completely and than degenerated he is Patur.
 
The amount of unemployment that a Mazik pays is the sum that a person receives for guarding cucumbers. (5)
 
Embarrassment is paid in accordance to the prominence of the perpetrator and the victim. (6)
 
A person does not have to pay money for a monetary damage that was incurred while killing someone since he is Chayav Misah.
 
The Pasuk which states an eye for an eye it is not literal and the perpetrator pays money and is not given the option of having his eye knocked out instead of paying Nezek..
 
A punishment from the Torah must always be the same for everybody and does not vary from person to person.

A BIT MORE

1. The Greek royalty spoke Chochmas Yevanis, while the common folk spoke Lashon Yevanis.
 
2. Birds fly up to thirty Ris and therefore one may not set traps within that distance in order to avoid catching privately owned birds.
 
3. Because the birds will hop from vine to vine or from coop to coop and will travel even more that thirty Ris, therefore it is forbidden to put down traps even if the bird coops are Hefker or belong to him.
 

 
4. Even though birds fly up to thirty Ris, however they fill up their stomachs within the first 50 Amos and they are only a threat within 50 Amos.
 
5. He only pays the wages of a guardsman because now that the victim's hand was cut off the only job he will be capable of doing after he recovers from his wound is to guard fields. Even though prior to his injury he was capable of partaking in more lucrative work, however the difference between the lucrative work that he was once capable of doing and the less lucrative world of guarding a field is included in the payment of Nezek.
 
6. The less prominent the perpetrator is the greater the embarrassment and the more prominent the victim is the more the embarrassment.

BRIEF INSIGHT

EGYPTIAN DOGS
 
R. Nehardai says if there are 22000 people in Yisrael minus one and a dog scares a pregnant woman and causes her to miscarry it prevents the presence of the Shechinah in Klal Yisrael. Why are we concerned for such a scenario? The Maharal explains that a dog is a Tamei animal and it represents the Ko'ach ha'Tum'ah and consequently its presence prevents the presence of the Shechinah. For that reason the dogs did not bark during Makos Bechoros. The killing of the first born was not by way of Shali'ach but rather by Hashem Yisbarach Himself and the presence of the dogs would have prevented the appearance of Hashem Yisbarach. Since the dogs did not bark and their presence was not felt they did not prevent the appearance of the Shechinah. R. Nehardai presents a scenario where a dog causes a woman to miscarry and thus is actively preventing the presence of the Shechinah; however the mere presence of dogs prevents the presence of the Shechinah.

QUICK HALACHAH

A BAD DOG
 
It is forbidden to raise a bad dog unless it is tied up with a metal chain. In a border city it is permitted and it shall be tied up during the day and unleashed at night. According to some opinions nowadays that we live among the non-Jews it is it is permitted to raise dogs. However, if it is a bad dog that could potentially injure someone it must be kept tied up. (Shulchan Aruch CM 409:3)

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