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BAVA KAMA 91

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SUMMARY

If a Shor Mu'ad kills a person and subsequently causes damage if it is judged first for killing the person it is no longer judged for the damages it caused according to Shimon ha'Teimani who holds that the Shor must be evaluated. (1)
 
Rava says that even according to R. Akiva if the Shor is judged first for killing the person it is no longer judged for the damages it caused if the owner ran away after the witnesses testified in Beis Din and there is nothing to collect from besides the Shor. (2)
 
A Shor Ta'am that killed a person and also caused damage the damages may not be collected at all since the Shor is put to death and a Ta'am only pays mi'Gufo and the Nizak may not collect the damages by using the Shor for plowing because that is considered a payment from Aliyah.
 
When a person kills or injures someone with an object the object must be evaluated if it is big enough to have caused the death or injuries.
 
If a Bor is ten Tefachim deep and an animal falls in and dies the Ba'al ha'Bor is Chayav, if it is less than ten Tefachim deep he is Patur for Misah but Chayav for damages.
 
If the owner of a servant hits him on the eye or ear and blinds him or deafens him he goes free, but if he hits him next to the eye or ear and blinds him or deafens him he doesn't go free. (3)
 
Someone who frightens his friend is Patur b'Dinei Adam and is Chayav b'Dinei Shamayim, therefore if someone blows in his friend's ear and deafens him he is Patur.
 
If he grabs his friend's ear and blows in his ear and deafens him he is Chayav.
 
If someone injures his friend the five payments are evaluated and must be given immediately to the Nizak. (4)
 
If the recuperation period of the Nizak is more or less than the evaluation of Beis Din the payments are not reevaluated.
 
If someone spits on a person he must pay Boshes but if he spits on his clothing or embarrasses him verbally he is Patur from paying.
 
The Tana Kama states that that the amount that is paid for Boshes is dependent on the status of the victim and a person who is poor receives less than the amounts stated in the Mishnah.
 
R. Akiva holds that all victims are paid as if they are rich people who lost their money and therefore even a poor person receives the amounts stated in the Mishnah.
 
A person is not given time to pay for an injury that he caused, however he is given time to pay for Boshes since no loss was incurred.
 
Rava says that although it is forbidden for a person to injure himself however it is permitted to embarrass oneself.
 
A person is only Chayav to bring a Korban for a Shevu'as Bituy if he swears that he will do something that he is permitted to do but if he swears he will do something that is prohibited he is Patur.
 
It is a Machlokes Tana'im if s person is permitted to injure himself.
 
Everyone agrees that it is forbidden for a person to kill himself.
 
R. Elazar says someone who rips his clothing excessively for a Meis transgresses the prohibition of Ba'al Tashchis (do not waste)
 
R. Elazar Hakapar says that since a Nazir who only abstains from wine is regarded as a sinner certainly someone who abstains from all foods and drinks is regarded as a sinner. (5)
 
If someone owns a Shor or a tree that is condemned to be killed or cut down and someone kills the Shor or cuts down the tree for him if he claims that the owner instructed him to do it he is Patur from paying wages for the Mitzvah that he snatched. (6)
 
If someone Shechts a Chayah or a bird and someone came along and covered the blood he must pay 10 gold pieces for the Mitzvah that he snatched.
 
It is forbidden to cut done a palm tree which produces at least one Kav of fruit.
 
It is forbidden to cut down an olive tree which produces at least one quarter Kav of fruit.
 
It is permitted to cut down a fruit tree if the tree is worth more for its wood than its fruit.

A BIT MORE

1. Shimon ha'Teimani holds that the Shor has to be evaluated if it is strong enough to have caused the damage and once the Shor is condemned to death we don't push off carrying out the sentence for the evaluation of Beis Din.
 
2. Since the Shor is the only possession that is left that could be collected from for the damages if it is put to death first there is nothing left to collect the damages from. However, if the damages that it caused are judged first the damages would be collected from the Shor and the Nizak would use it for plowing until he received the value of the damages and than the Shor would be put to death.
 
3. Because he was deafened from the fright not from the blow.
 
. 4. Beis Din evaluates how long his recuperation period will be and the Mazik must give the Ripuy and Sheves in advance.
 
5. R. Elazar Hakapar is the Tana who holds that it is forbidden for a person to injure himself.
 
6. Even though in a usual case if a person causes damage to the property of his friend it is not a valid defense to say that his friend instructed him to do it, however in this case since the Shor or the tree had been condemned by Beis Din we believe him that he was instructed to kill the Shor or cut down the tree.

BRIEF INSIGHT

THE SIN OF BOSHES
 
Someone who embarrasses his friend verbally is Patur from paying Boshes. The Yerushalmi states that if someone embarrasses a Talmid Chacham he is Chayav. Even though a person is Patur from embarrassing someone other than a Talmid Chacham, however it is a grave sin to embarrass someone and Chazal teach us that someone who embarrasses his friend publicly loses his share in the world to come. However, if the intention of the perpetrator was not embarrass him but rather his intention was to rebuke him for his Aveirah in the hope that he will be embarrassed to commit the Aveirah again his act commendable and is permitted. It all depends on the intent of the perpetrator. (Me'iri)

QUICK HALACHAH

A CONDEMNED SHOR
 
If a Shor was condemned to death because it was injuring people or if a tree was condemned to be cut down because it was causing damages and someone came along and killed the Shor or cut down the tree without permission from the owner he is obligated to pay the owner the amount that judges decide because he took away the owner's Mitzvah. However, if he claims that the owner instructed him to do it he is believed since it had been condemned to be killed or cut down. (Shulchan Aruch CM 382:1)
 
The decision of the judges regarding how much the perpetrator needs to pay for the Mitzvah he snatched is dependent on how vigilant the Nizak is with Mitzvos. If he is very diligent with Mitzvos the Mazik must pay more for the Hezek. (Sma)

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