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BAVA KAMA 87

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PAST DEDICATION
BAVA KAMA 87 (29 Adar) - Dedicated in memory of Matilda Massel - Mesuda bat Moshe - on the second Yahrtzeit of her passing, by her loving family, Elihu, Morris and Caroline, Richard and Tracy Massel. May her Neshamah go higher and higher and be a continuing source of inspiration.

SUMMARY

R. Yehudah holds that a blind person is Patur from all of the Dinim and all of the Mitzvos of the Torah.
 
R. Chanina says that a person who does a Mitzvah that he was commanded to do is greater than someone who does a Mitzvah that he is not commanded to do.
 
A person who injures his friend must pay five payments and if he causes a woman to miscarry he must pay for the child, while an animal only pays Nezek and doesn't pay for a child that was miscarried.
 
If a person injures his father without causing a wound, or if he injures his friend on Yom Kipur he must pay five payments. (1)
 
If someone wounds a Jewish servant he must pay all of the payments with the exception of Sheves if it is his own servant.
 
If someone wounds his friend's non- Jewish servant he must pay all of the payments to the master, while R. Yehudah says he is Patur from paying Boshes.
 
If someone wounds a deaf-mute or a Katan he must pay all of the payments, but a deaf-mute or a Katan who wounds someone is Patur from paying.
 
If a non-Jewish servant or a married woman injure someone they are Patur until the servant is freed or the woman is divorced. (2)
 
Someone who injures his own non-Jewish servant is completely Patur from paying.
 
A father has the right to marry off his daughter who is a Ketanah to whoever he chooses and the money he receives for the Kidushin belongs to him.
 
It is forbidden Min ha'Torah to injure someone and even a father may not injure his daughter.
 
Rav says that if someone wounds a Ketanah only the Sheves is given to the father but the other payments are paid to her.
 

 
If someone wounds his friend's son if the son is a Gadol the payments are given to him immediately and if he is a Katan it is invested for him until he becomes a Gadol. (3)
 
R. Chisda says that the money that is owed the Katan is invested in a Sefer Torah and Rabah Bar R. Huna says that it is invested in palm trees.
 
If the father injures his daughter who he doesn't support he is Patur from paying the extra Sheves that she does not need for her support. (4)
 
If someone else injures her he pays the father the extra Sheves that she doesn't need for her support and the other payments are given to the daughter.
 
If a father injures his son or daughter who he supports he is Patur from paying the Sheves.
 
It is a Machlokes if a master may force his non-Jewish servant to work for him even though does not give him food.
 
A Jewish servant must be given the same food and drink that the master partakes in.
 
A lost object that is found by a child who is supported by his father belongs to the father. (5)

A BIT MORE

1. If he wounds his father he is Patur from paying because he is Chayav Misah. Someone who wounds his friend on Yom Kipur is Chayav Kares not Misas Beis Din and therefore he must pay, however if he injures his friend on Shabbos since he is Chayav Misah he is Patur from paying.
 
2. Everything that a servant owns belongs to his master and the fruit of everything that a woman owns belongs to her husband and therefore even though they are Chayav to pay for the injuries that they cause they have no money of their own. Therefore if the servant is freed or the woman is divorced they are obligated to pay.
 
3. Even if the father supports his son all of the payments including the Sheves are given to the son, not the father, because the father forfeits the payments to his son since it is not costing him anything and the payments are a result of physical pain that the son suffered.
 
4. However the Sheves that she needs for her support he must pay her along with the other four payments.
 
5. Because of the concern that if the child keeps his own Metzi'ah it will cause the father to resent him.

BRIEF INSIGHT

PATUR FROM MITZVOS
 
R. Yehudah holds that a blind person is Patur from all of the Mitzvos of the Torah. Tosfos says that although he is Patur Min ha'Torah he is Chayav d'Rabanan because otherwise R. Yosef would not have been happy that he is Patur from all of the Mitzvos. Even though a woman is Patur from time bound Mitzvos Aseh and she is not Chayav even d'Rabanan that is because there are plenty of Mitzvos that a woman is Chayav to do, however if a blind person would not be Chayav d'Rabanan in the Mitzvos he would be Patur from all Mitzvos and he would be like a non-Jew.

QUICK HALACHAH

CAUSING A WOUND
 
If someone injures his father or mother without causing a wound he is Chayav five payments, if he causes a wound he is Chayav Misah and therefore he is Patur from paying. Even if he is a Shogeg he is Patur even though he is not Chayav Misah. Therefore a son shall not remove a thorn from his father or open up a blister because of the possibility that he will cause a wound. (Shulchan Aruch CM 224:1)

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