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Bava Kama 23

BAMA KAMA 23 & 24 - This daf has been dedicated l'Iluy Nishmas Esther Chaya Rayzel bas Gershon Eliezer, upon her Yahrzeit and Yom Kevurah, by her daughter and son-in-law, Jeri and Eli Turkel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

1) [line 3] TAMUN - something hidden. One is liable for "Esh" only when it burns things which are not hidden or covered

2) [line 7] KALU LEI CHITZAV - (lit. his arrow ended) the fire damaged in a place farther than the original fire could have reached

3) [line 7] GALUY - revealed, not Tamun

4) [line 10] D'HASAM SHORO HU, V'LO TAFACH B'APEI - a fire which is left unheeded is like an ox which was not locked up

5) [line 13] L'CHAIVO B'ARBA'AH DEVARIM - to make him obligated to pay the "Arba'ah Devarim"

A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages; also known as Pegam) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Pituy, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
6) [line 16] BESHE'CHASAR - when the dog burrowed under the gate


7) [line 2] MAI BA'I RIFTECHA B'FUMA D'CHALBA'I? - what is your bread doing in my dog's mouth? If the mouth of an animal is considered the domain of its owner, then whenever it eats something it has eaten it from his own domain, and one is liable for Shen only in the domain of the Nizak

8) [line 6] NISCHACHECHA B'KOSEL - it rubbed against a wall
9) [line 7] V'TINFAH PEIROS - it dirtied fruit
10) [line 8] KA'ASHER YEVA'ER HA'GALAL AD TUMO - the verse says "Ad Tumo," which means totally devoured. It is from this verse that we learn that "u'Bi'er" means Shen.

11) [line 9] SHAF TZALMEI - when it rubbed against the wall it totally erased a picture. This is "Tumo," complete destruction.

12) [line 10] PAS'EI PESU'EI - 1) it buried the fruit when it rolled on them in a way that they are not retrievable; 2) it spilled out a liquid when it was rolling, which is total destruction.

13) [line 10] SHISAH VO - he set another's dog upon him
14) [line 15] AFKEI L'NIVEI V'SARTEI - he took out his teeth and scratched him

15) [line 15] HESHICH BO - he took the snake and inserted its fangs into someone's flesh and the person died

16) [line 18] ERES NACHASH - the venom of a snake
17) [line 19] MAKISH B'SAYIF - the person who stuck the snake into the other will receive Misas Sayif (death by the sword) for he has murdered, and the punishment for murder is Sayif

18) [line 20] ME'ATZMO MEKI - the snake secretes the poison willfully, on its own accord

19) [line 21] NACHASH BI'SEKILAH - in which case the snake is the murderer and will get Sekilah (death by stoning) like a Shor who kills a person

20) [line 23] PUMA D'CHIVA'I - the mouth of the snake
21) [line 26] HA'SHOR BI'SEKILAH - the Shor receives Sekilah even though its owner is not liable

22) [line 26] KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is still referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim and the ox is put to death by stoning. He can *redeem* himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b).

23) [line 30] BEI TARBU - a family name
24) [line 32] D'LITZNE'INHU - to put them away
25) [line 35] D'NAFIL GUDA B'LEILYA - the fence fell in the middle of the night

26a) [line 36] D'SALKIN L'EILA - those who went up, from Bavel to Eretz Yisrael
b) [line 36] UD'NACHASIN L'SACHTA'AH - those who went down, from Eretz Yisrael to Bavel

27) [line 37] MASRINAN - we warn them
28) [line 38] IY TZAYIS, TZAYIS - if they listen, good
29) [line 39] TIV A'MASACHTA - go to the butcher's market and get your money; we have them slaughtered

30) [line 45] "MI'TEMOL SHILSHOM V'LO YISHMERENU BE'ALAV" - "[Or if it is known that the ox was accustomed to goring] in times past (lit. from yesterday and the day before yesterday), and its owner has not kept watch over it; [he shall surely pay ox for ox; and the dead [carcass] shall be his (the Nizak's) own.]" (Shemos 21:36)

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