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BAVA KAMA 88

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SUMMARY

R. Yochanan holds that if someone hits a Ketanah in the face and devalues her sale price the Nezek must be paid to the father.
 
If someone injures the non-Jewish servant of his friend according to the Tana Kama he must pay all five payments to the master, while R. Yehudah holds that he is Patur from Boshes.
 
If witnesses testify that a servant is Chayav Misah he is put to death.
 
A servant is obligated to fulfill all of the Mitzvos that a woman is obligated to fulfill.
 
A non-Jewish servant and a Ger may not be appointed King. (1)
 
A non-Jewish servant, a woman, a Katan and a thief are not accepted as witnesses.
 
A Ger is like a newborn and is no longer related to his former family.
 
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 father gives his property to his son from today until after his death the father may not sell the Guf because the property belongs to the son and the son may not sell the fruit of the property because the fruit belongs to the father.(2)
 
If the father sells the property it is a valid sale until his death, if the son sells the property the buyer does not receive the property until he death of the father. (3)
 
If the son sells the property and he predeceases the father R. Yochanan says the buyer doesn't receive the property, while Reish Lakish argues.
 
R. Yochanan holds a Kinyan Peiros is like a Kinyan ha'Guf while Reish Lakish argues. (4)
 
In Usha they decreed that a woman who sells her Nichsei Melug during the lifetime of her husband he may take back the property from the buyers after her death. (5)

A BIT MORE

1. They may not even be appointed as a Shoter (policeman) unless the mother is Jewish.
 
2. The son owns the property immediately, but the father eats the fruit of the property until his death.
 
3. If the father sells the property the buyer may eat the fruit of the property until the death of the father, however if the son sells the property the buyer doesn't receive anything until the death of the father.
 
4. According to R. Yochanan since a Kinyan Peiros is the same as a Kinyan ha'Guf the Kinyan Peiros of the father prevents the son from selling the property and therefore the buyer only receives the property if the father dies first and the property belongs to the son completely. However, Reish Lakish holds that a Kinyan Peiros is not like a Kinyan ha'Guf and therefore the Kinyan Peiros of the father does not prevent the son from selling the field and even if the son predeceases the father the field belongs to the buyer.
 
5. Even though a Kinyan Peiros is like a Kinyan ha'Guf that Rabanan strengthened the Shibud of the husband and gave him the status of a buyer.

BRIEF INSIGHT

MARRIAGE OF A SERVANT
 
A servant is not considered a brother and Rashi explains because he is forbidden to join to intermarry with Yisrael. The Toras Chaim asks if so there should be no Chiyuv Boshes to a Mamzer and a Petzu'a Daka as well since they too may not intermarry with Yisrael. The Pnei Yehoshua answers that the intent of Rashi is that since a servant may not intermarry with Klal Yisrael and his mother and daughter also may not marry a Yisrael it is impossible for him to have a Jewish relative and therefore he is not considered a brother. However, a Mamzer and a Petzu'a Daka may have Jewish relatives and therefore they are considered a brother even though they are not permitted to intermarry with Yisrael.

QUICK HALACHAH

TESTIMONY OF A WOMAN
 
A woman is Pasul for Eidus and a Tumtum and Androgynous are also Pasul mi'Safek. Anyone who is a Safek if he is Kosher for Eidus may not testify. All of the Pesulim are Pasul for Eidus even in a place where there are few Kosher witnesses. However some opinions hold that there is an ancient decree that in a place where there are few men who could serve as witnesses or regarding a testimony that only women are likely to know we accept women as witnesses. (Shulchan Aruch CM 35:14)

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