BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Bava Kama 53
BAVA KAMA 53 (Rosh Hashanah) - sponsored by Hillel Yakov and Elisheva
Tzipora Kagan. May they be blessed with a year of Berachah and joy, and may
Hashem answer all of their prayers!
1) [line 6] NISKAL - he tripped/stumbled
2) [line 16] HIV'ISH ES MEIMAV - it caused the well water to become putrid
3) [line 37] NACHIS L'UMKA D'DINA - he delves down to the deep meaning of
4) [last line] HAVAH NAFAL V'KAI - it would have fallen and stood up
5) [line 2] SHOR BECHOR D'LO FARIK LEI (BECHOR BEHEMAH TEHORAH)
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. After its blood and Emurim (see Background to Yevamos
7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night. If the
animal has or develops a Mum, it must be slaughtered and eaten during its
first year. If it developed a Mum after the first year, it must be
slaughtered and eaten within thirty days. The Kohen can give it away or sell
it, even to a non-Kohen. However, it may not be sold in a meat market or
weighed in the usual manner. It may not be redeemed with money.
(c) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor
until it develops a Mum. Alternatively, he can sell it, even if it has no
Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be
sold in a meat market in the usual manner, or bought in order to resell for
a profit (Sefer ha'Chinuch #393, #445). The Chachamim penalized a person who
intentionally inflicts a Mum in a Bechor, that the animal may never be
slaughtered (Bechoros 34a).
6) [line 11] ARBA'AH DEVARIM (CHOVEL)
(a) 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.
(b) In the case mentioned in our Gemara, the carpenter is exempt from the
Boshes payment since it is not collected when the person responsible for the
damage had no intention to wound the victim.
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
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.).
7) [line 12] KOFER
If a person's Shor ha'Mu'ad kills another person, the owner of the bull
is Chayav Misah b'Yedei Shamayim and the bull is put to death by stoning.
The owner 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).
8) [line 12] SHELOSHIM SHEL EVED - If one's ox kills an Eved Kena'ani (a
Nochri slave), thirty Shekalim are given to the master of the slave, as
stated in Shemos 21:32.
9) [line 13] L'INYAN KELIM V'SHOR PESULEI HA'MUKDASHIN - with regard to
[being obligated to pay for damages done to] vessels, and to an ox that had
been sanctified but that was then redeemed because it became blemished and
unfit to be offered
10) [line 22] LI'VE'ALIM METAPLIN BA'NEVEILAH, HU D'ASA -- the verse comes
to teach that the owner if the dead ox (the Nizak) is responsible for the
carcass (i.e. the Mazik deducts the value of the carcass from what he must
pay to the Nizak)
11) [line 23] BASAR D'BA'AYA, HADAR PASHTAH - after he asked [the question],
he then answered it
12) [last line] "O" L'RABOS ES HA'KELIM - the word "or" in the verse is
intended to include [damage done to] vessels (in the liability of the owner
of the Bor)