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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 the laws

4) [last line] HAVAH NAFAL V'KAI - it would have fallen and stood up


(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).

(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.
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.).
(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.

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)

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