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BAVA KAMA 86

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SUMMARY

If someone hits his father without wounding him he must pay the five payments. (1)
 
If someone deafens his father he is Chayav Misah because it is inevitable that at least one drop of blood was spilled in his ear.
 
If someone injures his friend and he is temporary devalued but he will eventually recover Abaye says he must pay Hezek while Rava holds that he only pays Sheves, not Hezek. (2)
 
If someone cuts off the hand of the Jewish servant of his friend Abaye says he pays the Nezek to the servant and the Sheves to the master, while Rava holds that all of the payments are give to the servant and he must buy land with it and the fruit of the land is given to the master.
 
If he cuts off the ear of the servant since the work of the servant is not hindered all of the payments are given to the servant.
 
R. Meir says that whether a person embarrasses a rich or poor person there is no difference, he pays the sum that would be paid to a free person who lost his fortune.
 
R. Yehudah says that amount that is paid for embarrassment is dependent on the prominence of the victim.
 
R. Shimon says that if he embarrasses a rich person he pays the sum that would be paid to a free person who lost his fortune and if he embarrasses a poor person he pays the sum that would be paid to a destitute pauper.
 
If someone intends to embarrass a Katan and he embarrasses a Gadol or if he intends to embarrass a servant and embarrasses a free person he pays the amount of Boshes that would be paid to a Katan or to a servant. (3)
 
R. Yehudah holds that one does not have to pay for embarrassing a servant.
 
R. Shimon holds that someone who intends to kill one person and kills another person or intends to embarrass one person and embarrasses another person is Patur.
 
If the wind lifts a person's clothes and someone comes along and lifts it even further he must pay Boshes.
 
If someone goes to the river to wash himself and someone embarrasses him he is Chayav.
 
If someone embarrasses a blind person he is Chayav.
 
If someone embarrasses a sleeping person and he dies in his sleep it is a Safek if he is Chayav Boshes. (4)
 
If a sleeping person embarrasses someone he is Patur.
 
If someone falls off a roof and damages someone and also embarrasses him he is Chayav for Nezek but not for Boshes. (5)
 
Someone who embarrasses a deaf-mute or a Katan must pay Boshes, but if he embarrasses a Shoteh he is Patur.
 
Rebbe says that a person who embarrasses a Katan only pays Boshes if the Katan is mature enough to be embarrassed when he is reminded of his embarrassment. (6)
 
The Tana of our Mishnah holds that a blind person who embarrasses someone is Chayav, while R. Yehudah holds he is Patur.
 
R. Yehudah holds that a blind person is Patur from Galus if he kills someone unintentionally, while R. Meir argues.
 
R. Yehudah holds that a blind person is also Patur from Malkus and Misos Beis Din.
 
A blind person may not testify in Beis Din.

A BIT MORE

1. However if he wounds him he is Chayav Misah and he is Patur from paying because of Kim Lay bede'Rabah Minei.
 
2. According to Abaye the amount of Sheves that he gives is according to what he would be paid as a guardsman even though after he will heal he will take a more lucrative position because the Nezek that he pays covers the difference, while according to Rava since he doesn't pay Nezek he must pay for Sheves according to how much he would receive for the more lucrative profession that he is normally engaged in.
 
3. This Beraisa is not in accordance with R. Shimon who holds that someone who intends to embarrass one person and embarrasses another person is Patur.
 
4. The Safek is whether the Chiyuv of Boshes is for causing embarrassment to the person or for disgracing the person. If the Chiyuv is for causing embarrassment he is Patur since the person was never embarrassed because he died in his sleep. According to R. Papa the question is whether the Chiyuv is for causing embarrassment to the person or causing embarrassment to his family.
 
5. A person is only Chayav for Boshes if it was intentional.
 
6. According to Rebbe the Chiyuv of Boshes is for causing embarrassment, not for disgracing the person, and therefore it depends if the Katan is mature enough to feel embarrassment.

BRIEF INSIGHT

UNINTENTIONAL EMBARRASSMENT
 
R. Shimon holds someone who intends to embarrass one person and embarrasses another person is Patur. The Ra'avad says that this Din applies only to Boshes not to Nezek or any of the other payments. Therefore if someone intends to injure a Katan and he injures a Gadol he must pay completely for the injury. Even though he only intended to injure a Katan he is Chayav to pay for the injury of a Gadol because an Adam ha'Mazik is Chayav even for a Shogeg. However, regarding Boshes he is only Chayav to pay the Boshes of a Katan because the Chiyuv of Boshes is only if it was intentional and since he did not intend to embarrass a Gadol he only pays the amount that is paid to a Katan.

QUICK HALACHAH

SHAVING HAIR
 
If someone shaves off a person's hair he only pays Boshes. If he puts cream on his head and permanently removes his hair he must pay five payments. He must pay for pain because the cream is painful and he must pay for Sheves because he formerly was capable of dancing for a living and shaking his hair while he danced and he is no longer capable of doing so. (Shulchan Aruch CM 420:12)
 
He only pays Sheves for shaving his hair if the victim formerly danced for a living. (Sma)

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