Torah Community Connections

Week 95 - Thursday - 20 September 2001

BAVA KAMMA: CHAPTER 8: MISHNAH 3

One who strikes his father or his mother, but inflicts no wound on them, and one who wounds his fellow on the Day of Atonement, is liable for all of them. One who wounds a Hebrew bondman is liable for all of them, except for loss of time, during the period that is his. One who wounds a Canaanite bondman belonging to others is liable for all of them. Rabbi Yehudah says, there is no shame for bondmen.

Kehati

One who strikes his father or - his mother, but does not inflict any wound on them and is therefore not subject to capital punishment, as it is taught, "Whoever strikes his father or mother is not liable [to the death penalty] until he inflicts a wound on them" (Sanh. 1 la), and - whoever wounds his fellow on the Day of Atonement - transgression of which is punishable by karet and not by death, even if he was warned that he would be lashed. Although the general law is that whoever commits a transgression punishable by both lashes and payments is lashed and does not have to pay, the law is different in the case of a person inflicting a wound on the Day of Atonement, since the Torah explicitly states that one inflicting a wound on his fellow is liable to pay compensation (Gemara, Ket. 32:b; see Bartenura, Tosefot Yom Tov). He therefore - is liable to pay for all - five categories: damage, pain, healing, loss of time, and shame.

Whoever wounds a Hebrew bondman is liable for all, except for loss of time - i.e., damage, pain, healing, and shame, during the period that he is his - i.e., during the time that he is his bondman; the bondman's loss of time is his owner's loss.

Whoever wounds a Canaanite bondman belonging to others is liable for all – five categories: damage, pain, healing, loss of time, and shame, and these are paid to his owner.

Rabbi Yehudah says, there is no shame for bondmen - as it is written in the Biblical passage from which we learn of the obligation to pay compensation for shame, "When men strive together one with another [lit. "man and his brother"]" (Deut. 25:11), this excludes the bondman, with whom there is no brotherhood, since he may not enter the assembly of Israelites. The Sages hold, however, that the bondman is included in "man and his brother," since he has the same obligation to observe the mitzvot as a woman. The law is not in accordance with Rabbi Yehudah.

BAVA KAMMA: CHAPTER 8: MISHNAH 4

Coming into contact with a deaf-mute, a mentally defective person, or a minor is a bad thing: whoever wounds them is liable, but if they wound others, they are exempt. Coming into contact with a bondman or a woman is a bad thing: whoever wounds them is liable, but if they wound others, they are exempt. But they pay afterwards: if the woman was divorced, or the bondman was freed, they are obligated to pay.

Kehati

Coming into harmful contact with a deaf-mute, a mentally defective person, or a minor is a bad thing - since whoever stumbles against them always loses: whoever wounds them is liable - for the five categories or for some of them, whichever apply to each one, but if they wound others, they are exempt - since they are not mentally competent they are not punishable.

Coming into harmful contact with a bondman or a woman: is a bad thing for whoever wounds them is liable, but if they wound others, they are exempt - since they have no means of payment, for everything which a bondman owns is owned by his master, and a woman's possessions are mortgaged to her husband, But they pay afterwards - i.e., if the woman was divorced - or - the bondman was freed - and they acquired property, they are obligated to pay - for the injury which they caused before the divorce or before being freed.

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