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BAVA KAMA 84

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SUMMARY

If a Tereifah kills someone he is not put to death. (1)
 
If Beis Din evaluated that someone who is Chayav Malkus can sustain a certain number of Malkus and the person dies from the Malkus the Shali'ach Beis Din is Patur from Galus.
 
A person who wounds his friend must pay for his pain and medical expenses even though he is also paying for damages.
 
R. Eliezer holds that when someone knocks out his friend eye the eye of the perpetrator is evaluated and he gives the victim the value of his own eye. (2)
 
When an animal injures a person only damages are paid but not the other four payments.
 
When an animal is damaged by another animal or by a person the judges collect the payment even in Bavel although Semichah is required and there is no Semichah in Bavel the judges in Bavel are the Sheluchim of the judges in Eretz Yisrael.
 
When a person is injured by another person or by an animal he must be evaluated like a servant and a person is only evaluated like a servant in Eretz Yisrael, not in Bavel. (3)
 
If a person is injured even though we don't evaluate him like a servant in Bavel nonetheless if he grabs the money for the damages he may keep it.
 
If witnesses testify in Bavel that they witnessed someone borrow money or he admitted that he borrowed money the judges collect the money, although Semichah is required, the judges in Bavel are Sheluchim of the judges in Eretz Yisrael.
 
Judges in Bavel do not collect a Knas or Boshes because no loss was incurred because they are not Sheluchim of the judges in Eretz Yisrael if no loss was incurred or if the payment is unusual.
 
If a Shor Ta'am gores in Bavel the Chatzi Nezek is not collected because Chatzi Nezek is a Knas.
 
A Shor does become a Mu'ad in Bavel since a Shor Ta'am is Patur in Bavel.
 
If a Shor it became a Mu'ad in Eretz Yisrael and it gored in Bavel or if the judges of Eretz Yisrael cam to Bavel and made the Shor into a Mu'ad it is an unusual occurrence and the payment is not collected in Bavel.
 
If a Shor causes damage with Shen or Regel in Bavel it is a common Hezek and it is collected in Bavel.
 
Rebbi holds that a person who causes pain to his friend without causing any damage is Chayav to pay for the pain, while Ben Azai argues.

A BIT MORE

1. Because when witnesses testify that he killed they can't become Eidim Zomemim because they are trying to kill a person who is already considered dead and since they can't become Eidim Zomemim their testimony is not valid.
 
2. The Pasuk says an eye for an eye and even though it doesn't mean literally that his eye is knocked out, however it does mean according to R. Eliezer that the value of the eye of the perpetrator is evaluated not the value of the eye of the victim.
 
3. Since it is unusual for a person to be injured it may only be collected by judges who have Semichah and the judges in Bavel are not Sheluchim of the judges in Eretz Yisrael for something that is unusual.

BRIEF INSIGHT

CHIYUV B'YEDEI SHAMAYIM
 
The Gemara states that if a person injures his friend the payments are not collected in Bavel since it is unusual and the payments of a Knas are also not collected in Bavel because no loss was incurred. The Ketzos ha'Choshen says that although the payments for injuries are not collected in Bavel the perpetrator is obligated to pay b'Yedei Shamayim and if he doesn't pay he is a Gazlan. However, if a person owes a Knas in Bavel he is Patur even b'Yedei Shamayim because the Chiyuv to pay a Knas is dependent on Beis Din and if the Beis Din is nor Mechayev him he is not obligated to pay at all.

QUICK HALACHAH

GRABBING THE PAYMENT
 
Even though judges who did not receive Semichah in Eretz Yisrael may not collect Kenasos in Bavel we excommunicate the person until he appeases his Ba'al Din and as soon as he gives the appropriate amount to his Ba'al Din we release him from excommunication whether or not his Ba'al Din was appeased. We also release him from excommunication if the Nizak grabbed the amount that he was due. However, if the Nizak requests that the Beis Din evaluate the damages so that he knows how much to grab we don not do so. Only if he already grabbed we evaluate the damages and we notify the Nizak how much he may keep. (Shulchan Aruch CM 1:5)

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