Rabbi Yehuda’s opinion regarding blind people appears in several braitot. In one braita, Rabbi Yehuda extends the exemption of blind people to judgment and in another one, he extends it to all mitzvot. Rav Yosef, who was blind, was, at first, thrilled to hear about this opinion and said that if we were to hold that way he would celebrate as it meant he was keeping mitzvot for which he was exempt and he assumed that meant he would get a greater reward. After he heard Rabbi Chanina say that one who is commanded gets a greater reward, he was hopeful that the halakha did not follow Rabbi Yehuda’s opinion. The Mishna compares the laws for a person who damages another person and an animal who damages a person. The Mishna also sets out cases where one is exempt from paying damages as one is liable for the death penalty as well, such as hitting one’s parents and causing an injury. What are the laws for one who injures a Jewish slave or a Caananite slave? What if the one who hits a minor, shoteh, or deaf-mute? What is the law if those people hit a different person? What if the one who hits is a woman or Caananite slave who doesn’t have their own money? Rabbi Elazar asked Rav if a minor girl gets injured, does the money go to her father or her? Rav answers that it goes to her. Rabbi Elazar raises two difficulties against Rav – one from our Mishna and one from a braita. After Rav’s response, the Gemara raises a contradiction against the braita from another braita and resolves it. Reish Lakish and Rabbi Yochanan disagree regarding the answer to Rabbi Elazar’s question.
Bava Kamma 87
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Masechet Bava Kamma is sponsored by the Futornick Family in loving memory of their fathers and grandfathers, Phillip Kaufman and David Futornick.
Bava Kamma 87
וְכֵן הָיָה רַבִּי יְהוּדָה פּוֹטְרוֹ מִכׇּל דִּינִים שֶׁבַּתּוֹרָה. מַאי טַעְמָא דְּרַבִּי יְהוּדָה? אָמַר קְרָא: ״וְשָׁפְטוּ הָעֵדָה בֵּין הַמַּכֶּה וּבֵין גֹּאֵל הַדָּם עַל הַמִּשְׁפָּטִים הָאֵלֶּה״ – כֹּל שֶׁיֶּשְׁנוֹ בְּמַכֶּה וּבְגוֹאֵל הַדָּם, יֶשְׁנוֹ בְּמִשְׁפָּטִים; כֹּל שֶׁאֵינוֹ בְּמַכֶּה וּבַגּוֹאֵל הַדָּם, אֵינוֹ בְּמִשְׁפָּטִים.
and so did Rabbi Yehuda exempt a blind person from all judgments of civil law that are in the Torah. The Gemara explains: What is the reasoning of Rabbi Yehuda? The verse states with regard to an unintentional killing: “Then the congregation shall judge between the smiter and the avenger of blood, according to these laws” (Numbers 35:24), to teach that anyone who is subject to the halakha of a smiter and to the halakha of an avenger of blood is subject to civil laws, and anyone who is not subject to the halakha of a smiter or to the halakha of an avenger of blood, including a blind person, is not subject to civil laws.
תַּנְיָא אִידַּךְ, רַבִּי יְהוּדָה אוֹמֵר: סוֹמֵא אֵין לוֹ בּוֹשֶׁת. וְכֵן הָיָה רַבִּי יְהוּדָה פּוֹטְרוֹ מִכׇּל מִצְוֹת הָאֲמוּרוֹת בַּתּוֹרָה. אָמַר רַב שִׁישָׁא בְּרֵיהּ דְּרַב אִידִי: מַאי טַעְמָא דְּרַבִּי יְהוּדָה? אָמַר קְרָא: ״וְאֵלֶּה הַמִּצְוֹת הַחֻקִּים וְהַמִּשְׁפָּטִים״ – כֹּל שֶׁיֶּשְׁנוֹ בְּמִשְׁפָּטִים, יֶשְׁנוֹ בְּמִצְוֹת וְחֻקִּים; וְכֹל שֶׁאֵינוֹ בְּמִשְׁפָּטִים, אֵינוֹ בְּמִצְוֹת וְחֻקִּים.
The Gemara presents another statement of Rabbi Yehuda. It is taught in another baraita that Rabbi Yehuda says: A blind person does not have, i.e., receive, compensation for humiliation, and so did Rabbi Yehuda exempt a blind person from all mitzvot that are stated in the Torah. Rav Sheisha, son of Rav Idi, said: What is the reasoning of Rabbi Yehuda? The verse states: “And this is the commandment, statutes, and laws” (Deuteronomy 6:1), to teach that anyone who is subject to civil laws is also subject to the commandments and statutes, and anyone who is not subject to civil laws, including a blind person, is also not subject to the commandments and statutes.
אָמַר רַב יוֹסֵף, מֵרֵישׁ הֲוָה אָמֵינָא: מַאן דְּאָמַר הֲלָכָה כְּרַבִּי יְהוּדָה – דְּאָמַר: סוֹמֵא פָּטוּר מִן הַמִּצְוֹת, קָא עָבֵדְינָא יוֹמָא טָבָא לְרַבָּנַן, מַאי טַעְמָא? דְּלָא מִפַּקַּדְנָא, וְקָא עָבֵדְינָא מִצְוֹת.
Rav Yosef, who was blind, said: At first, I would say: If I hear one who says that the halakha is in accordance with the opinion of Rabbi Yehuda, who says: A blind person is exempt from the mitzvot, then I will host a festive day for the Sages. What is the reason? It is that I am not commanded and nevertheless I perform mitzvot.
וְהַשְׁתָּא דִּשְׁמַעִית לְהָא דְּרַבִּי חֲנִינָא, דְּאָמַר רַבִּי חֲנִינָא: גָּדוֹל הַמְצֻוֶּוה וְעוֹשֶׂה – מִמִּי שֶׁאֵינוֹ מְצֻוֶּוה וְעוֹשֶׂה; מַאן דְּאָמַר לִי: אֵין הֲלָכָה כְּרַבִּי יְהוּדָה, עָבֵידְנָא יוֹמָא טָבָא לְרַבָּנַן. מַאי טַעְמָא? דְּכִי מִפַּקַּדְינָא – אִית לִי אַגְרָא טְפֵי.
Rav Yosef continues. But now that I heard this statement of Rabbi Ḥanina, as Rabbi Ḥanina says: One who is commanded and performs a mitzva is greater than one who is not commanded and performs it, I say: If I hear one who says to me that the halakha is not in accordance with the opinion of Rabbi Yehuda, then I will host a festive day for the Sages. What is the reason? It is that as I am commanded, I have more reward.
מַתְנִי׳ זֶה חוֹמֶר בָּאָדָם מִבַּשּׁוֹר – שֶׁהָאָדָם מְשַׁלֵּם נֶזֶק, צַעַר, רִיפּוּי, שֶׁבֶת וּבוֹשֶׁת, וּמְשַׁלֵּם דְּמֵי וְלָדוֹת; וְשׁוֹר אֵינוֹ מְשַׁלֵּם אֶלָּא נֶזֶק, וּפָטוּר מִדְּמֵי וְלָדוֹת.
MISHNA: This halakha is a stringency with regard to a person who caused injury, compared to the halakha with regard to an ox that caused injury: The halakha is that the person pays compensation for damage, pain, medical costs, loss of livelihood, and humiliation; and if he caused a woman to miscarry he also pays compensation for miscarried offspring, as the verse states (see Exodus 21:22). But in the case of an ox that caused injury, the owner pays only compensation for damage, and he is exempt from paying compensation for miscarried offspring.
הַמַּכֶּה אֶת אָבִיו וְאֶת אִמּוֹ וְלֹא עָשָׂה בָּהֶן חַבּוּרָה, וְחוֹבֵל בַּחֲבֵירוֹ בְּיוֹם הַכִּפּוּרִים – חַיָּיב בְּכוּלָּן.
The mishna continues: One who strikes his father or his mother but did not cause them to have a bruise, and therefore is not liable to receive court-imposed capital punishment, and one who injures another on Yom Kippur, the punishment for which is not court-imposed capital punishment, is liable to pay for all of the five types of indemnity.
הַחוֹבֵל בְּעֶבֶד עִבְרִי – חַיָּיב בְּכוּלָּן, חוּץ מִן הַשֶּׁבֶת בִּזְמַן שֶׁהוּא שֶׁלּוֹ. הַחוֹבֵל בְּעֶבֶד כְּנַעֲנִי שֶׁל אֲחֵרִים – חַיָּיב בְּכוּלָּן. רַבִּי יְהוּדָה אוֹמֵר: אֵין לַעֲבָדִים בּוֹשֶׁת.
One who injures a Hebrew slave is liable to pay for all of the five types of indemnity. This is except for compensation for loss of livelihood suffered during the time that the injured slave belongs to the one that injured him. Since the right to the slave’s labor belongs to his master, his inability to work is his master’s loss. One who injures a Canaanite slave belonging to others is liable to pay for all of the five types of indemnity. Rabbi Yehuda says: Canaanite slaves do not have humiliation, so the one who injures the slave pays only the other four types of indemnity.
חֵרֵשׁ, שׁוֹטֶה וְקָטָן פְּגִיעָתָן רָעָה, הַחוֹבֵל בָּהֶן – חַיָּיב, וְהֵם שֶׁחָבְלוּ בַּאֲחֵרִים – פְּטוּרִין.
The mishna continues: With regard to a deaf-mute, an imbecile, or a minor, an encounter with them is disadvantageous. In other words, no favorable outcome is possible for someone involved in an incident with one of these people, since one who injures them is liable. But if they were the ones who injured others, they are exempt. This is because they lack awareness and are not responsible for their actions.
הָעֶבֶד וְהָאִשָּׁה פְּגִיעָתָן רָעָה, הַחוֹבֵל בָּהֶם – חַיָּיב, וְהֵם שֶׁחָבְלוּ בַּאֲחֵרִים – פְּטוּרִין, אֲבָל מְשַׁלְּמִין לְאַחַר זְמַן. נִתְגָּרְשָׁה הָאִשָּׁה, נִשְׁתַּחְרֵר הָעֶבֶד – חַיָּיבִין לְשַׁלֵּם.
Similarly, with regard to a slave and a married woman, an encounter with them is disadvantageous, since one who injures them is liable. But if they were the ones who injured others, they are exempt, because they do not have money with which to pay compensation. But they pay compensation at a later time. The exemption is only temporary, as, if the woman becomes divorced or the slave becomes emancipated, and they then have their own money, they are liable to pay compensation.
הַמַּכֶּה אָבִיו וְאִמּוֹ וְעָשָׂה בָּהֶן חַבּוּרָה, וְהַחוֹבֵל בַּחֲבֵירוֹ בְּשַׁבָּת – פָּטוּר מִכּוּלָּן, מִפְּנֵי שֶׁהוּא נִדּוֹן בְּנַפְשׁוֹ.
The mishna continues: One who strikes his father or his mother and causes them to have a bruise, or one who injures another on Shabbat, is exempt from paying all of the five types of indemnity, because he is judged with losing his life. The court imposes capital punishment for these acts, so there is no additional monetary punishment.
וְהַחוֹבֵל בְּעֶבֶד כְּנַעֲנִי שֶׁלּוֹ – פָּטוּר מִכּוּלָּן.
And one who injures his own Canaanite slave is exempt from paying all of the five types of indemnity, because his slave is his property.
גְּמָ׳ בְּעָא מִינֵּיהּ רַבִּי אֶלְעָזָר מֵרַב: הַחוֹבֵל בְּבַת קְטַנָּה שֶׁל אֲחֵרִים, חֲבָלָה לְמִי?
GEMARA: The Gemara discusses a case of compensation for injury. Rabbi Elazar raised a dilemma before Rav: In a case of one who injures the minor daughter of others, to whom does he pay compensation for the injury?
מִי אָמְרִינַן: כֵּיוָן דְּאַקְנִי לֵיהּ רַחֲמָנָא שֶׁבַח נְעוּרִים לְאָב – חֲבָלָה נָמֵי דַּאֲבוּהּ הָוֵי, מַאי טַעְמָא – דְּהָא אַפְחֲתַהּ מִכַּסְפַּהּ; אוֹ דִילְמָא, שֶׁבַח נְעוּרִים הוּא דְּאַקְנִי לֵיהּ רַחֲמָנָא, דְּאִי בָּעֵי לְמִמְסַר לַהּ לְמוּכֵּה שְׁחִין – מָצֵי מָסַר, אֲבָל חֲבָלָה – כֵּיוָן דְּאִי בָּעֵי מִ(ת)חְבַּל בַּהּ לָא מָצֵי חָבֵיל, לָא (קַנְיֵיהּ) [אַקְנִי] לֵיהּ רַחֲמָנָא?
Rabbi Elazar explains the dilemma: Do we say that since the Merciful One granted the profits of her youth to the father, as he receives her betrothal money, compensation for injury also belongs to her father? What is the reason that he should receive it? The reason is that the one who injured her lowered her monetary value, resulting in her father receiving gifts of lesser value when she is betrothed. Or perhaps it is only the profits of her youth that the Merciful One granted to her father, because if he desires to give her in marriage to a man afflicted with boils, he can give her to him, but with regard to injury, since if he desires to injure her he may not injure her, just as he may not injure any other person, the Merciful One did not grant him the right to receive the compensation when she is injured.
אֲמַר לֵיהּ: לֹא זִכְּתָה תּוֹרָה לָאָב, אֶלָּא שֶׁבַח נְעוּרִים בִּלְבָד. אֵיתִיבֵיהּ: הַחוֹבֵל בְּעֶבֶד עִבְרִי – חַיָּיב בְּכוּלָּן, חוּץ מִן הַשֶּׁבֶת בִּזְמַן שֶׁהוּא שֶׁלּוֹ! אָמַר אַבָּיֵי: מוֹדֶה רַב בְּשֶׁבֶת, דְּמַעֲשֵׂה יָדֶיהָ עַד שְׁעַת בַּגְרוּת – דַּאֲבוּהּ הָוֵי.
Rav said to Rabbi Elazar in response: The Torah granted the father only the profits of her youth and nothing else. Therefore, compensation for the injury goes to the daughter. Rabbi Elazar raised an objection to Rav’s statement based on the mishna: One who injures a Hebrew slave is liable for all of the five types of indemnity. This is except for compensation for loss of livelihood occurring during the time that the injured slave belongs to the one that injured him. This should be the halakha with regard to a minor daughter as well, that since the father has the right to the earnings of his minor daughter, he should receive the compensation for her loss of livelihood. Abaye said in response: Rav concedes with regard to compensation for her loss of livelihood that it is paid to the father, since her earnings belong to her father until the time of her adulthood, and therefore her inability to work is her father’s loss.
אֵיתִיבֵיהּ: הַחוֹבֵל בִּבְנוֹ גָּדוֹל – יִתֵּן לוֹ מִיָּד, בִּבְנוֹ קָטָן – יַעֲשֶׂה לוֹ סְגוּלָּה. הַחוֹבֵל בְּבִתּוֹ קְטַנָּה – פָּטוּר, וְלֹא עוֹד, אֶלָּא אֲחֵרִים שֶׁחָבְלוּ בָּהּ – חַיָּיבִין לִיתֵּן לְאָבִיהָ! הָכִי נָמֵי בְּשֶׁבֶת.
Rabbi Elazar raised an objection to Rav’s statement based on a baraita: One who injures his adult son must give him his compensation immediately. If one injured his minor son he must make a safe investment [segulla] for him with the compensation money. One who injures his minor daughter is exempt, and moreover, if there were others who injured her, they are liable to give compensation to her father. The Gemara answers: So too here, the baraita is speaking with regard to the daughter’s loss of livelihood alone, which is paid to the father. The other types of indemnity are paid to the daughter.
וּבִבְנוֹ גָּדוֹל יִתֵּן לוֹ מִיָּד? וּרְמִינְהוּ: הַחוֹבֵל בְּבָנָיו וּבִבְנוֹתָיו שֶׁל אֲחֵרִים, גְּדוֹלִים – יִתֵּן לָהֶם מִיָּד, קְטַנִּים – יַעֲשֶׂה לָהֶם סְגוּלָּה. בְּבָנָיו וּבִבְנוֹתָיו שֶׁלּוֹ – פָּטוּר!
The Gemara questions the first ruling of the baraita: And is it so that if a father injured his adult son he must give him his compensation immediately? And the Gemara raises a contradiction from that which is taught in another baraita: In a case of one who injures the sons or daughters of others, if they are adults he must give them their compensation immediately; if they are minors he must make a safe investment for them. If one injures his own sons or daughters, he is exempt from paying them compensation.
אָמְרִי: לָא קַשְׁיָא; כָּאן כְּשֶׁסְּמוּכִים עַל שֻׁלְחָנוֹ, כָּאן כְּשֶׁאֵין סְמוּכִין עַל שֻׁלְחָנוֹ.
The Sages say in response: This is not difficult. Here, where the baraita states that the father is exempt, it is dealing with a case where the children are dependent on their father’s table for support. There, where the baraita states that the father is liable, it is dealing with a case where the children are not dependent on his table.
בְּמַאי אוֹקֵימְתַּהּ לְקַמַּיְיתָא – בְּשֶׁאֵין סְמוּכִין עַל שֻׁלְחָנוֹ? אִי הָכִי, אֵימָא סֵיפָא: הַחוֹבֵל בְּבִתּוֹ הַקְּטַנָּה – פָּטוּר; וְלֹא עוֹד, אֶלָּא אֲחֵרִים שֶׁחָבְלוּ בָּהּ – חַיָּיבִין לִיתֵּן לְאָבִיהָ. לְדִידַהּ בָּעֵי לְמִיתַּב לַהּ – דְּבַעְיָא מְזוֹנֵי!
The Gemara challenges this resolution of the two baraitot: In what manner did you interpret the first baraita? You interpreted it as dealing with a case where the children are not dependent on his table? If so, say the latter clause of that baraita: One who injures his minor daughter is exempt, and moreover, if there were others who injured her, they are liable to give compensation to her father. If this is a case where the daughter is not dependent upon her father for support, then the one who injured her would be required to give the compensation to her, because she needs to provide her own sustenance.
וַאֲפִילּוּ לְמַאן דְּאָמַר: יָכוֹל הָרַב לוֹמַר לָעֶבֶד ״עֲשֵׂה עִמִּי וְאֵינִי זָנָךְ״; הָנֵי מִילֵּי בְּעֶבֶד כְּנַעֲנִי – דְּאָמַר לֵיהּ: עֲבֵיד עֲבִידְתָּא כּוּלֵּי יוֹמָא, וּלְאוּרְתָּא זִיל סְחַר וֶאֱכוֹל; אֲבָל עֶבֶד עִבְרִי, דִּכְתִיב: ״כִּי טוֹב לוֹ עִמָּךְ״ – עִמְּךָ בְּמַאֲכָל, עִמְּךָ בְּמִשְׁתֶּה – לֹא כׇּל שֶׁכֵּן בִּתּוֹ?!
The Gemara continues its challenge. And even according to the one who says that a master can say to his slave: Work for me but I will not feed you, i.e., a master is not legally obligated to provide sustenance for his slave, this matter applies only to a Canaanite slave, as the master can say to him: Work for me the entire day, and at night go around, beg, and eat. But in the case of a Hebrew slave, as it is written with regard to him: “Because he fares well with you” (Deuteronomy 15:16), indicating that the Hebrew slave must be “with you” in food and “with you” in drink, i.e., the Hebrew slave is entitled to live with his master as an equal, the master may not compel the slave to serve him unless he feeds him. All the more so is it not the case with regard to his daughter, that she is not required to beg for her sustenance and should receive the compensation herself?
כִּדְאָמַר רָבָא בְּרֵיהּ דְּרַב עוּלָּא: לֹא נִצְרְכָה אֶלָּא לְהַעְדָּפָה; הָכָא נָמֵי, לָא נִצְרְכָה אֶלָּא לְהַעְדָּפָה.
The Gemara answers: This is as Rava, son of Rav Ulla, said concerning a similar matter (Ketubot 43a): This halakha is necessary only for the surplus, i.e., money that a woman earns beyond what she needs for her essential sustenance. Here too, this halakha is necessary only for the surplus. If the compensation for injury is more than the daughter requires for her sustenance, the additional sum is paid to her father.
בְּמַאי אוֹקֵימְתַּהּ לְבָתְרָיְיתָא – בִּסְמוּכִין עַל שֻׁלְחָנוֹ? ״גְּדוֹלִים – יִתֵּן לָהֶם מִיָּד, קְטַנִּים – יַעֲשֶׂה לָהֶם סְגוּלָּה״, אַמַּאי? לַאֲבִיהֶם בָּעֵי לְמִיתַּב!
The Gemara again challenges the resolution of the two baraitot: In what manner did you interpret the latter baraita discussing one who injures the children of another? You interpreted it as dealing with a case where the sons are dependent on their father’s table. But the baraita also stated: If they are adults, he must give them their compensation immediately; if they are minors, he must make a safe investment for them. Why does he make a safe investment for them? Shouldn’t he be required to give the compensation to their father?
אָמְרִי: כִּי קָא קָפֵיד – בְּמִידֵּי דְּקָא חָסַר, בְּמִידֵּי דַּאֲתָא מֵעָלְמָא – לָא קָפֵיד.
The Sages say in response: Where the father is particular about receiving money that would go to his child is specifically in a matter that causes him a loss, as in a case where the father himself injured his child and would need to pay compensation. But in a matter that comes from elsewhere, as in a case where someone else injured his child, he is not particular about receiving the money, and it is paid to the child.
וְהָא מְצִיאָה, דְּמֵעָלְמָא קָאָתֵי לְהוּ, וְקָא קָפֵיד! אָמְרִי: רַוְוחָא דְּקָאָתֵי לְהוּ מֵעָלְמָא, וְלֵית לְהוּ צַעֲרָא דְּגוּפַיְיהוּ בְּגַוַּוהּ – קָפֵיד; אֲבָל חֲבָלָה, דְּאִית לְהוּ צַעֲרָא דְּגוּפַיְיהוּ, וּמֵעָלְמָא קָאָתֵי לְהוּ – לָא קָפֵיד.
The Gemara challenges that response: But isn’t a found item a matter that comes to the children from elsewhere, and the father is particular about receiving it? The Sages say in response: With regard to profit that comes to the children from elsewhere, and they do not suffer physical pain in obtaining it, the father is particular about receiving the money, as he does not feel that the children deserve it. But in the case of an injury, where they suffer physical pain and it comes to them from elsewhere, the father is not particular about receiving the compensation paid to his child.
וְהָא הָתָם, דְּאִית לַהּ צַעֲרָא דְּגוּפָא, וּמֵעָלְמָא קָאָתֵי לַהּ, וְקָא קָפֵיד! דְּקָתָנֵי: וְלֹא עוֹד, אֶלָּא (אֲפִילּוּ) אֲחֵרִים שֶׁחָבְלוּ בָּהּ – חַיָּיבִין לִיתֵּן לְאָבִיהָ!
The Gemara challenges: But there, in the first baraita, isn’t it discussing a case where the daughter suffers physical pain, and it is a matter that comes to her from elsewhere, and the father is particular about receiving the money, as it teaches: And moreover, if there were others who injured her, they are liable to give compensation to her father?
אָמְרִי: הָתָם, דְּגַבְרָא קַפְדָנָא הוּא, דְּהָא אֵין סְמוּכִין עַל שֻׁלְחָנוֹ – אֲפִילּוּ בְּמִידֵּי דְּאָתֵי לְהוּ מֵעָלְמָא קָפֵיד. הָכָא, דְּלָאו גַּבְרָא קַפְדָנָא הוּא, דְּהָא סְמוּכִין עַל שֻׁלְחָנוֹ; כִּי קָא קָפֵיד – בְּמִידֵּי דְּקָא חָסַר לֵיהּ, בְּמִידֵּי דְּאָתֵי לְהוּ מֵעָלְמָא – לָא קָפֵיד.
The Sages say in response: There, the baraita discusses a case where the father is a captious man, which is evident from the case of the baraita itself, as his children are not dependent on his table. A man like this is particular even about matters that come to them from elsewhere. By contrast, here, in the latter baraita, it discusses a case where the father is not a captious man, which is evident from the case of the baraita itself, as his children are dependent on his table. When he is particular about receiving the money, it is in a matter that causes him a loss, but in a matter that comes to them from elsewhere, he is not particular.
מַאי ״סְגוּלָּה״? רַב חִסְדָּא אָמַר: סֵפֶר תּוֹרָה. רַבָּה בַּר רַב הוּנָא אָמַר: דִּיקְלָא דְּאָכֵיל מִינֵּיהּ תַּמְרֵי.
The two baraitot stated that the father makes a safe investment for his minor children with the compensation paid to them. The Gemara asks: What is meant by a safe investment? Rav Ḥisda says: The father should purchase a Torah scroll for his child. Rabba bar Rav Huna, says: The father should purchase a date palm, from which the child will consume dates.
וְכֵן אָמַר רֵישׁ לָקִישׁ: לֹא זִכְּתָה תּוֹרָה לָאָב – אֶלָּא שֶׁבַח נְעוּרִים בִּלְבָד. וְרַבִּי יוֹחָנָן אָמַר: אֲפִילּוּ פְּצִיעָה.
The Gemara comments that the amora’im of Eretz Yisrael discussed the same issue as did those in Babylonia. And so says Reish Lakish: The Torah granted the father only the profits of her youth, and nothing else. And Rabbi Yoḥanan says: The father receives even the compensation for his daughter’s wound.
פְּצִיעָה סָלְקָא דַּעְתָּךְ?! אֲפִילּוּ רַבִּי אֶלְעָזָר לָא קָמִיבַּעְיָא לֵיהּ אֶלָּא חֲבָלָה –
The Gemara objects: Does it enter your mind that the father receives compensation for his daughter’s wound, which, unlike an injury, does not diminish his daughter’s value? Even Rabbi Elazar raised his dilemma only with regard to an injury,
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I started learning at the beginning of this Daf Yomi cycle because I heard a lot about the previous cycle coming to an end and thought it would be a good thing to start doing. My husband had already bought several of the Koren Talmud Bavli books and they were just sitting on the shelf, not being used, so here was an opportunity to start using them and find out exactly what was in them. Loving it!
Borehamwood, United Kingdom
I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.
Karmiel, Israel
As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.
Denver, United States
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
Minnesota, United States
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Panama, Panama
I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.
Honolulu, Hawaii, United States
I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!
Bakersfield, United States
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Toronto, Canada
I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.
Zichron Yakov, Israel
It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.
Northwest Washington, United States
When I was working and taking care of my children, learning was never on the list. Now that I have more time I have two different Gemora classes and the nach yomi as well as the mishna yomi daily.
Jerusalem, Israel
Berlin, Germany
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.
בית שמש, Israel
I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.
Mitspe, Israel
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ra’anana, Israel
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Ottawa, Canada
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I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Edmonton, Alberta, Canada
Bava Kamma 87
ΧΦ°ΧΦ΅Χ ΧΦΈΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ Χ€ΦΌΧΦΉΧΦ°Χ¨ΧΦΉ ΧΦ΄ΧΦΌΧΧ ΧΦΌΦ΄ΧΧ Φ΄ΧΧ Χ©ΧΦΆΧΦΌΦ·ΧͺΦΌΧΦΉΧ¨ΦΈΧ. ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ? ΧΦΈΧΦ·Χ¨ Χ§Φ°Χ¨ΦΈΧ: Χ΄ΧΦ°Χ©ΧΦΈΧ€Φ°ΧΧΦΌ ΧΦΈΧ’Φ΅ΧΦΈΧ ΧΦΌΦ΅ΧΧ ΧΦ·ΧΦΌΦ·ΧΦΌΦΆΧ ΧΦΌΧΦ΅ΧΧ ΧΦΌΦΉΧΦ΅Χ ΧΦ·ΧΦΌΦΈΧ Χ’Φ·Χ ΧΦ·ΧΦΌΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧ ΧΦΈΧΦ΅ΧΦΌΦΆΧΧ΄ β ΧΦΌΦΉΧ Χ©ΧΦΆΧΦΌΦΆΧ©ΧΦ°Χ ΧΦΉ ΧΦΌΦ°ΧΦ·ΧΦΌΦΆΧ ΧΦΌΧΦ°ΧΧΦΉΧΦ΅Χ ΧΦ·ΧΦΌΦΈΧ, ΧΦΆΧ©ΧΦ°Χ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧ; ΧΦΌΦΉΧ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΉ ΧΦΌΦ°ΧΦ·ΧΦΌΦΆΧ ΧΦΌΧΦ·ΧΦΌΧΦΉΧΦ΅Χ ΧΦ·ΧΦΌΦΈΧ, ΧΦ΅ΧΧ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧ.
and so did Rabbi Yehuda exempt a blind person from all judgments of civil law that are in the Torah. The Gemara explains: What is the reasoning of Rabbi Yehuda? The verse states with regard to an unintentional killing: βThen the congregation shall judge between the smiter and the avenger of blood, according to these lawsβ (Numbers 35:24), to teach that anyone who is subject to the halakha of a smiter and to the halakha of an avenger of blood is subject to civil laws, and anyone who is not subject to the halakha of a smiter or to the halakha of an avenger of blood, including a blind person, is not subject to civil laws.
ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ ΧΦ΄ΧΧΦΌΦ·ΧΦ°, Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: Χ‘ΧΦΉΧΦ΅Χ ΧΦ΅ΧΧ ΧΧΦΉ ΧΦΌΧΦΉΧ©ΧΦΆΧͺ. ΧΦ°ΧΦ΅Χ ΧΦΈΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ Χ€ΦΌΧΦΉΧΦ°Χ¨ΧΦΉ ΧΦ΄ΧΦΌΧΧ ΧΦ΄Χ¦Φ°ΧΦΉΧͺ ΧΦΈΧΦ²ΧΧΦΌΧ¨ΧΦΉΧͺ ΧΦΌΦ·ΧͺΦΌΧΦΉΧ¨ΦΈΧ. ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ Χ©ΧΦ΄ΧΧ©ΧΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ΄ΧΧΦ΄Χ: ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ? ΧΦΈΧΦ·Χ¨ Χ§Φ°Χ¨ΦΈΧ: Χ΄ΧΦ°ΧΦ΅ΧΦΌΦΆΧ ΧΦ·ΧΦΌΦ΄Χ¦Φ°ΧΦΉΧͺ ΧΦ·ΧΦ»Χ§ΦΌΦ΄ΧΧ ΧΦ°ΧΦ·ΧΦΌΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧΧ΄ β ΧΦΌΦΉΧ Χ©ΧΦΆΧΦΌΦΆΧ©ΧΦ°Χ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧ, ΧΦΆΧ©ΧΦ°Χ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ¦Φ°ΧΦΉΧͺ ΧΦ°ΧΦ»Χ§ΦΌΦ΄ΧΧ; ΧΦ°ΧΦΉΧ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ©ΧΦ°Χ€ΦΌΦΈΧΦ΄ΧΧ, ΧΦ΅ΧΧ ΧΦΉ ΧΦΌΦ°ΧΦ΄Χ¦Φ°ΧΦΉΧͺ ΧΦ°ΧΦ»Χ§ΦΌΦ΄ΧΧ.
The Gemara presents another statement of Rabbi Yehuda. It is taught in another baraita that Rabbi Yehuda says: A blind person does not have, i.e., receive, compensation for humiliation, and so did Rabbi Yehuda exempt a blind person from all mitzvot that are stated in the Torah. Rav Sheisha, son of Rav Idi, said: What is the reasoning of Rabbi Yehuda? The verse states: βAnd this is the commandment, statutes, and lawsβ (Deuteronomy 6:1), to teach that anyone who is subject to civil laws is also subject to the commandments and statutes, and anyone who is not subject to civil laws, including a blind person, is also not subject to the commandments and statutes.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΉΧ‘Φ΅Χ£, ΧΦ΅Χ¨Φ΅ΧΧ©Χ ΧΦ²ΧΦΈΧ ΧΦΈΧΦ΅ΧΧ ΦΈΧ: ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ β ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: Χ‘ΧΦΉΧΦ΅Χ Χ€ΦΌΦΈΧΧΦΌΧ¨ ΧΦ΄Χ ΧΦ·ΧΦΌΦ΄Χ¦Φ°ΧΦΉΧͺ, Χ§ΦΈΧ Χ’ΦΈΧΦ΅ΧΦ°ΧΧ ΦΈΧ ΧΧΦΉΧΦΈΧ ΧΦΈΧΦΈΧ ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ, ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ? ΧΦΌΦ°ΧΦΈΧ ΧΦ΄Χ€ΦΌΦ·Χ§ΦΌΦ·ΧΦ°Χ ΦΈΧ, ΧΦ°Χ§ΦΈΧ Χ’ΦΈΧΦ΅ΧΦ°ΧΧ ΦΈΧ ΧΦ΄Χ¦Φ°ΧΦΉΧͺ.
Rav Yosef, who was blind, said: At first, I would say: If I hear one who says that the halakha is in accordance with the opinion of Rabbi Yehuda, who says: A blind person is exempt from the mitzvot, then I will host a festive day for the Sages. What is the reason? It is that I am not commanded and nevertheless I perform mitzvot.
ΧΦ°ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ ΧΦΌΦ΄Χ©ΧΦ°ΧΦ·Χ’Φ΄ΧΧͺ ΧΦ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ²Χ Φ΄ΧΧ ΦΈΧ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ²Χ Φ΄ΧΧ ΦΈΧ: ΧΦΌΦΈΧΧΦΉΧ ΧΦ·ΧΦ°Χ¦Φ»ΧΦΌΦΆΧΧ ΧΦ°Χ’ΧΦΉΧ©ΧΦΆΧ β ΧΦ΄ΧΦΌΦ΄Χ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΉ ΧΦ°Χ¦Φ»ΧΦΌΦΆΧΧ ΧΦ°Χ’ΧΦΉΧ©ΧΦΆΧ; ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ΄Χ: ΧΦ΅ΧΧ ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ, Χ’ΦΈΧΦ΅ΧΧΦ°Χ ΦΈΧ ΧΧΦΉΧΦΈΧ ΧΦΈΧΦΈΧ ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ. ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ? ΧΦΌΦ°ΧΦ΄Χ ΧΦ΄Χ€ΦΌΦ·Χ§ΦΌΦ·ΧΦ°ΧΧ ΦΈΧ β ΧΦ΄ΧΧͺ ΧΦ΄Χ ΧΦ·ΧΦ°Χ¨ΦΈΧ ΧΦ°Χ€Φ΅Χ.
Rav Yosef continues. But now that I heard this statement of Rabbi αΈ€anina, as Rabbi αΈ€anina says: One who is commanded and performs a mitzva is greater than one who is not commanded and performs it, I say: If I hear one who says to me that the halakha is not in accordance with the opinion of Rabbi Yehuda, then I will host a festive day for the Sages. What is the reason? It is that as I am commanded, I have more reward.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΆΧ ΧΧΦΉΧΦΆΧ¨ ΧΦΌΦΈΧΦΈΧΦΈΧ ΧΦ΄ΧΦΌΦ·Χ©ΧΦΌΧΦΉΧ¨ β Χ©ΧΦΆΧΦΈΧΦΈΧΦΈΧ ΧΦ°Χ©ΧΦ·ΧΦΌΦ΅Χ Χ ΦΆΧΦΆΧ§, Χ¦Φ·Χ’Φ·Χ¨, Χ¨Φ΄ΧΧ€ΦΌΧΦΌΧ, Χ©ΧΦΆΧΦΆΧͺ ΧΦΌΧΧΦΉΧ©ΧΦΆΧͺ, ΧΦΌΧΦ°Χ©ΧΦ·ΧΦΌΦ΅Χ ΧΦΌΦ°ΧΦ΅Χ ΧΦ°ΧΦΈΧΧΦΉΧͺ; ΧΦ°Χ©ΧΧΦΉΧ¨ ΧΦ΅ΧΧ ΧΦΉ ΧΦ°Χ©ΧΦ·ΧΦΌΦ΅Χ ΧΦΆΧΦΌΦΈΧ Χ ΦΆΧΦΆΧ§, ΧΦΌΧ€ΦΈΧΧΦΌΧ¨ ΧΦ΄ΧΦΌΦ°ΧΦ΅Χ ΧΦ°ΧΦΈΧΧΦΉΧͺ.
MISHNA: This halakha is a stringency with regard to a person who caused injury, compared to the halakha with regard to an ox that caused injury: The halakha is that the person pays compensation for damage, pain, medical costs, loss of livelihood, and humiliation; and if he caused a woman to miscarry he also pays compensation for miscarried offspring, as the verse states (see Exodus 21:22). But in the case of an ox that caused injury, the owner pays only compensation for damage, and he is exempt from paying compensation for miscarried offspring.
ΧΦ·ΧΦΌΦ·ΧΦΌΦΆΧ ΧΦΆΧͺ ΧΦΈΧΦ΄ΧΧ ΧΦ°ΧΦΆΧͺ ΧΦ΄ΧΦΌΧΦΉ ΧΦ°ΧΦΉΧ Χ’ΦΈΧ©ΧΦΈΧ ΧΦΌΦΈΧΦΆΧ ΧΦ·ΧΦΌΧΦΌΧ¨ΦΈΧ, ΧΦ°ΧΧΦΉΧΦ΅Χ ΧΦΌΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ ΧΦΌΦ°ΧΧΦΉΧ ΧΦ·ΧΦΌΦ΄Χ€ΦΌΧΦΌΧ¨Φ΄ΧΧ β ΧΦ·ΧΦΌΦΈΧΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦΈΧ.
The mishna continues: One who strikes his father or his mother but did not cause them to have a bruise, and therefore is not liable to receive court-imposed capital punishment, and one who injures another on Yom Kippur, the punishment for which is not court-imposed capital punishment, is liable to pay for all of the five types of indemnity.
ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°Χ’ΦΆΧΦΆΧ Χ’Φ΄ΧΦ°Χ¨Φ΄Χ β ΧΦ·ΧΦΌΦΈΧΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦΈΧ, ΧΧΦΌΧ₯ ΧΦ΄Χ ΧΦ·Χ©ΦΌΧΦΆΧΦΆΧͺ ΧΦΌΦ΄ΧΦ°ΧΦ·Χ Χ©ΧΦΆΧΧΦΌΧ Χ©ΧΦΆΧΦΌΧΦΉ. ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°Χ’ΦΆΧΦΆΧ ΧΦΌΦ°Χ Φ·Χ’Φ²Χ Φ΄Χ Χ©ΧΦΆΧ ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ β ΧΦ·ΧΦΌΦΈΧΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦΈΧ. Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦ΅ΧΧ ΧΦ·Χ’Φ²ΧΦΈΧΦ΄ΧΧ ΧΦΌΧΦΉΧ©ΧΦΆΧͺ.
One who injures a Hebrew slave is liable to pay for all of the five types of indemnity. This is except for compensation for loss of livelihood suffered during the time that the injured slave belongs to the one that injured him. Since the right to the slaveβs labor belongs to his master, his inability to work is his masterβs loss. One who injures a Canaanite slave belonging to others is liable to pay for all of the five types of indemnity. Rabbi Yehuda says: Canaanite slaves do not have humiliation, so the one who injures the slave pays only the other four types of indemnity.
ΧΦ΅Χ¨Φ΅Χ©Χ, Χ©ΧΧΦΉΧΦΆΧ ΧΦ°Χ§ΦΈΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧ’ΦΈΧͺΦΈΧ Χ¨ΦΈΧ’ΦΈΧ, ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦΈΧΦΆΧ β ΧΦ·ΧΦΌΦΈΧΧ, ΧΦ°ΧΦ΅Χ Χ©ΧΦΆΧΦΈΧΦ°ΧΧΦΌ ΧΦΌΦ·ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ β Χ€ΦΌΦ°ΧΧΦΌΧ¨Φ΄ΧΧ.
The mishna continues: With regard to a deaf-mute, an imbecile, or a minor, an encounter with them is disadvantageous. In other words, no favorable outcome is possible for someone involved in an incident with one of these people, since one who injures them is liable. But if they were the ones who injured others, they are exempt. This is because they lack awareness and are not responsible for their actions.
ΧΦΈΧ’ΦΆΧΦΆΧ ΧΦ°ΧΦΈΧΦ΄Χ©ΦΌΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧ’ΦΈΧͺΦΈΧ Χ¨ΦΈΧ’ΦΈΧ, ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦΈΧΦΆΧ β ΧΦ·ΧΦΌΦΈΧΧ, ΧΦ°ΧΦ΅Χ Χ©ΧΦΆΧΦΈΧΦ°ΧΧΦΌ ΧΦΌΦ·ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ β Χ€ΦΌΦ°ΧΧΦΌΧ¨Φ΄ΧΧ, ΧΦ²ΧΦΈΧ ΧΦ°Χ©ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧ ΧΦ°ΧΦ·ΧΦ·Χ¨ ΧΦ°ΧΦ·Χ. Χ Φ΄ΧͺΦ°ΧΦΌΦΈΧ¨Φ°Χ©ΧΦΈΧ ΧΦΈΧΦ΄Χ©ΦΌΧΦΈΧ, Χ Φ΄Χ©ΧΦ°ΧͺΦΌΦ·ΧΦ°Χ¨Φ΅Χ¨ ΧΦΈΧ’ΦΆΧΦΆΧ β ΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ ΧΦ°Χ©ΧΦ·ΧΦΌΦ΅Χ.
Similarly, with regard to a slave and a married woman, an encounter with them is disadvantageous, since one who injures them is liable. But if they were the ones who injured others, they are exempt, because they do not have money with which to pay compensation. But they pay compensation at a later time. The exemption is only temporary, as, if the woman becomes divorced or the slave becomes emancipated, and they then have their own money, they are liable to pay compensation.
ΧΦ·ΧΦΌΦ·ΧΦΌΦΆΧ ΧΦΈΧΦ΄ΧΧ ΧΦ°ΧΦ΄ΧΦΌΧΦΉ ΧΦ°Χ’ΦΈΧ©ΧΦΈΧ ΧΦΌΦΈΧΦΆΧ ΧΦ·ΧΦΌΧΦΌΧ¨ΦΈΧ, ΧΦ°ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ ΧΦΌΦ°Χ©ΧΦ·ΧΦΌΦΈΧͺ β Χ€ΦΌΦΈΧΧΦΌΧ¨ ΧΦ΄ΧΦΌΧΦΌΧΦΌΦΈΧ, ΧΦ΄Χ€ΦΌΦ°Χ Φ΅Χ Χ©ΧΦΆΧΧΦΌΧ Χ Φ΄ΧΦΌΧΦΉΧ ΧΦΌΦ°Χ Φ·Χ€Φ°Χ©ΧΧΦΉ.
The mishna continues: One who strikes his father or his mother and causes them to have a bruise, or one who injures another on Shabbat, is exempt from paying all of the five types of indemnity, because he is judged with losing his life. The court imposes capital punishment for these acts, so there is no additional monetary punishment.
ΧΦ°ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°Χ’ΦΆΧΦΆΧ ΧΦΌΦ°Χ Φ·Χ’Φ²Χ Φ΄Χ Χ©ΧΦΆΧΦΌΧΦΉ β Χ€ΦΌΦΈΧΧΦΌΧ¨ ΧΦ΄ΧΦΌΧΦΌΧΦΌΦΈΧ.
And one who injures his own Canaanite slave is exempt from paying all of the five types of indemnity, because his slave is his property.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦΌΦ°Χ’ΦΈΧ ΧΦ΄ΧΧ ΦΌΦ΅ΧΧΦΌ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΆΧΦ°Χ’ΦΈΧΦΈΧ¨ ΧΦ΅Χ¨Φ·Χ: ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°ΧΦ·Χͺ Χ§Φ°ΧΦ·Χ ΦΌΦΈΧ Χ©ΧΦΆΧ ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ, ΧΦ²ΧΦΈΧΦΈΧ ΧΦ°ΧΦ΄Χ?
GEMARA: The Gemara discusses a case of compensation for injury. Rabbi Elazar raised a dilemma before Rav: In a case of one who injures the minor daughter of others, to whom does he pay compensation for the injury?
ΧΦ΄Χ ΧΦΈΧΦ°Χ¨Φ΄ΧΧ Φ·Χ: ΧΦΌΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦ·Χ§Φ°Χ Φ΄Χ ΧΦ΅ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ Χ©ΧΦΆΧΦ·Χ Χ Φ°Χ’ΧΦΌΧ¨Φ΄ΧΧ ΧΦ°ΧΦΈΧ β ΧΦ²ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ ΧΦΌΦ·ΧΦ²ΧΧΦΌΧΦΌ ΧΦΈΧΦ΅Χ, ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ β ΧΦΌΦ°ΧΦΈΧ ΧΦ·Χ€Φ°ΧΦ²ΧͺΦ·ΧΦΌ ΧΦ΄ΧΦΌΦ·Χ‘Φ°Χ€ΦΌΦ·ΧΦΌ; ΧΧΦΉ ΧΦ΄ΧΧΦ°ΧΦΈΧ, Χ©ΧΦΆΧΦ·Χ Χ Φ°Χ’ΧΦΌΧ¨Φ΄ΧΧ ΧΧΦΌΧ ΧΦΌΦ°ΧΦ·Χ§Φ°Χ Φ΄Χ ΧΦ΅ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ, ΧΦΌΦ°ΧΦ΄Χ ΧΦΌΦΈΧ’Φ΅Χ ΧΦ°ΧΦ΄ΧΦ°Χ‘Φ·Χ¨ ΧΦ·ΧΦΌ ΧΦ°ΧΧΦΌΧΦΌΦ΅Χ Χ©ΧΦ°ΧΦ΄ΧΧ β ΧΦΈΧ¦Φ΅Χ ΧΦΈΧ‘Φ·Χ¨, ΧΦ²ΧΦΈΧ ΧΦ²ΧΦΈΧΦΈΧ β ΧΦΌΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦ΄Χ ΧΦΌΦΈΧ’Φ΅Χ ΧΦ΄(Χͺ)ΧΦ°ΧΦΌΦ·Χ ΧΦΌΦ·ΧΦΌ ΧΦΈΧ ΧΦΈΧ¦Φ΅Χ ΧΦΈΧΦ΅ΧΧ, ΧΦΈΧ (Χ§Φ·Χ Φ°ΧΦ΅ΧΧΦΌ) [ΧΦ·Χ§Φ°Χ Φ΄Χ] ΧΦ΅ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ?
Rabbi Elazar explains the dilemma: Do we say that since the Merciful One granted the profits of her youth to the father, as he receives her betrothal money, compensation for injury also belongs to her father? What is the reason that he should receive it? The reason is that the one who injured her lowered her monetary value, resulting in her father receiving gifts of lesser value when she is betrothed. Or perhaps it is only the profits of her youth that the Merciful One granted to her father, because if he desires to give her in marriage to a man afflicted with boils, he can give her to him, but with regard to injury, since if he desires to injure her he may not injure her, just as he may not injure any other person, the Merciful One did not grant him the right to receive the compensation when she is injured.
ΧΦ²ΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ: ΧΦΉΧ ΧΦ΄ΧΦΌΦ°ΧͺΦΈΧ ΧͺΦΌΧΦΉΧ¨ΦΈΧ ΧΦΈΧΦΈΧ, ΧΦΆΧΦΌΦΈΧ Χ©ΧΦΆΧΦ·Χ Χ Φ°Χ’ΧΦΌΧ¨Φ΄ΧΧ ΧΦΌΦ΄ΧΦ°ΧΦΈΧ. ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ: ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°Χ’ΦΆΧΦΆΧ Χ’Φ΄ΧΦ°Χ¨Φ΄Χ β ΧΦ·ΧΦΌΦΈΧΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦΈΧ, ΧΧΦΌΧ₯ ΧΦ΄Χ ΧΦ·Χ©ΦΌΧΦΆΧΦΆΧͺ ΧΦΌΦ΄ΧΦ°ΧΦ·Χ Χ©ΧΦΆΧΧΦΌΧ Χ©ΧΦΆΧΦΌΧΦΉ! ΧΦΈΧΦ·Χ¨ ΧΦ·ΧΦΌΦΈΧΦ΅Χ: ΧΧΦΉΧΦΆΧ Χ¨Φ·Χ ΧΦΌΦ°Χ©ΧΦΆΧΦΆΧͺ, ΧΦΌΦ°ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ Χ’Φ·Χ Χ©ΧΦ°Χ’Φ·Χͺ ΧΦΌΦ·ΧΦ°Χ¨ΧΦΌΧͺ β ΧΦΌΦ·ΧΦ²ΧΧΦΌΧΦΌ ΧΦΈΧΦ΅Χ.
Rav said to Rabbi Elazar in response: The Torah granted the father only the profits of her youth and nothing else. Therefore, compensation for the injury goes to the daughter. Rabbi Elazar raised an objection to Ravβs statement based on the mishna: One who injures a Hebrew slave is liable for all of the five types of indemnity. This is except for compensation for loss of livelihood occurring during the time that the injured slave belongs to the one that injured him. This should be the halakha with regard to a minor daughter as well, that since the father has the right to the earnings of his minor daughter, he should receive the compensation for her loss of livelihood. Abaye said in response: Rav concedes with regard to compensation for her loss of livelihood that it is paid to the father, since her earnings belong to her father until the time of her adulthood, and therefore her inability to work is her fatherβs loss.
ΧΦ΅ΧΧͺΦ΄ΧΧΦ΅ΧΧΦΌ: ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ΄ΧΦ°Χ ΧΦΉ ΧΦΌΦΈΧΧΦΉΧ β ΧΦ΄ΧͺΦΌΦ΅Χ ΧΧΦΉ ΧΦ΄ΧΦΌΦΈΧ, ΧΦΌΦ΄ΧΦ°Χ ΧΦΉ Χ§ΦΈΧΦΈΧ β ΧΦ·Χ’Φ²Χ©ΧΦΆΧ ΧΧΦΉ Χ‘Φ°ΧΧΦΌΧΦΌΦΈΧ. ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°ΧΦ΄ΧͺΦΌΧΦΉ Χ§Φ°ΧΦ·Χ ΦΌΦΈΧ β Χ€ΦΌΦΈΧΧΦΌΧ¨, ΧΦ°ΧΦΉΧ Χ’ΧΦΉΧ, ΧΦΆΧΦΌΦΈΧ ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ Χ©ΧΦΆΧΦΈΧΦ°ΧΧΦΌ ΧΦΌΦΈΧΦΌ β ΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ ΧΦ΄ΧΧͺΦΌΦ΅Χ ΧΦ°ΧΦΈΧΦ΄ΧΧΦΈ! ΧΦΈΧΦ΄Χ Χ ΦΈΧΦ΅Χ ΧΦΌΦ°Χ©ΧΦΆΧΦΆΧͺ.
Rabbi Elazar raised an objection to Ravβs statement based on a baraita: One who injures his adult son must give him his compensation immediately. If one injured his minor son he must make a safe investment [segulla] for him with the compensation money. One who injures his minor daughter is exempt, and moreover, if there were others who injured her, they are liable to give compensation to her father. The Gemara answers: So too here, the baraita is speaking with regard to the daughterβs loss of livelihood alone, which is paid to the father. The other types of indemnity are paid to the daughter.
ΧΦΌΧΦ΄ΧΦ°Χ ΧΦΉ ΧΦΌΦΈΧΧΦΉΧ ΧΦ΄ΧͺΦΌΦ΅Χ ΧΧΦΉ ΧΦ΄ΧΦΌΦΈΧ? ΧΦΌΧ¨Φ°ΧΦ΄ΧΧ Φ°ΧΧΦΌ: ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°ΧΦΈΧ ΦΈΧΧ ΧΦΌΧΦ΄ΧΦ°Χ ΧΦΉΧͺΦΈΧΧ Χ©ΧΦΆΧ ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ, ΧΦΌΦ°ΧΧΦΉΧΦ΄ΧΧ β ΧΦ΄ΧͺΦΌΦ΅Χ ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦΈΧ, Χ§Φ°ΧΦ·Χ ΦΌΦ΄ΧΧ β ΧΦ·Χ’Φ²Χ©ΧΦΆΧ ΧΦΈΧΦΆΧ Χ‘Φ°ΧΧΦΌΧΦΌΦΈΧ. ΧΦΌΦ°ΧΦΈΧ ΦΈΧΧ ΧΦΌΧΦ΄ΧΦ°Χ ΧΦΉΧͺΦΈΧΧ Χ©ΧΦΆΧΦΌΧΦΉ β Χ€ΦΌΦΈΧΧΦΌΧ¨!
The Gemara questions the first ruling of the baraita: And is it so that if a father injured his adult son he must give him his compensation immediately? And the Gemara raises a contradiction from that which is taught in another baraita: In a case of one who injures the sons or daughters of others, if they are adults he must give them their compensation immediately; if they are minors he must make a safe investment for them. If one injures his own sons or daughters, he is exempt from paying them compensation.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΈΧ Χ§Φ·Χ©ΧΦ°ΧΦΈΧ; ΧΦΌΦΈΧΧ ΧΦΌΦ°Χ©ΧΦΆΧ‘ΦΌΦ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ, ΧΦΌΦΈΧΧ ΧΦΌΦ°Χ©ΧΦΆΧΦ΅ΧΧ Χ‘Φ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ.
The Sages say in response: This is not difficult. Here, where the baraita states that the father is exempt, it is dealing with a case where the children are dependent on their fatherβs table for support. There, where the baraita states that the father is liable, it is dealing with a case where the children are not dependent on his table.
ΧΦΌΦ°ΧΦ·ΧΧ ΧΧΦΉΧ§Φ΅ΧΧΦ°ΧͺΦΌΦ·ΧΦΌ ΧΦ°Χ§Φ·ΧΦΌΦ·ΧΦ°ΧΧͺΦΈΧ β ΧΦΌΦ°Χ©ΧΦΆΧΦ΅ΧΧ Χ‘Φ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ? ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ΅ΧΧΦΈΧ Χ‘Φ΅ΧΧ€ΦΈΧ: ΧΦ·ΧΧΦΉΧΦ΅Χ ΧΦΌΦ°ΧΦ΄ΧͺΦΌΧΦΉ ΧΦ·Χ§ΦΌΦ°ΧΦ·Χ ΦΌΦΈΧ β Χ€ΦΌΦΈΧΧΦΌΧ¨; ΧΦ°ΧΦΉΧ Χ’ΧΦΉΧ, ΧΦΆΧΦΌΦΈΧ ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ Χ©ΧΦΆΧΦΈΧΦ°ΧΧΦΌ ΧΦΌΦΈΧΦΌ β ΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ ΧΦ΄ΧΧͺΦΌΦ΅Χ ΧΦ°ΧΦΈΧΦ΄ΧΧΦΈ. ΧΦ°ΧΦ΄ΧΧΦ·ΧΦΌ ΧΦΌΦΈΧ’Φ΅Χ ΧΦ°ΧΦ΄ΧΧͺΦΌΦ·Χ ΧΦ·ΧΦΌ β ΧΦΌΦ°ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦ°ΧΧΦΉΧ Φ΅Χ!
The Gemara challenges this resolution of the two baraitot: In what manner did you interpret the first baraita? You interpreted it as dealing with a case where the children are not dependent on his table? If so, say the latter clause of that baraita: One who injures his minor daughter is exempt, and moreover, if there were others who injured her, they are liable to give compensation to her father. If this is a case where the daughter is not dependent upon her father for support, then the one who injured her would be required to give the compensation to her, because she needs to provide her own sustenance.
ΧΦ·ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ°ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦΈΧΧΦΉΧ ΧΦΈΧ¨Φ·Χ ΧΧΦΉΧΦ·Χ¨ ΧΦΈΧ’ΦΆΧΦΆΧ Χ΄Χ’Φ²Χ©ΧΦ΅Χ Χ’Φ΄ΧΦΌΦ΄Χ ΧΦ°ΧΦ΅ΧΧ Φ΄Χ ΧΦΈΧ ΦΈΧΦ°Χ΄; ΧΦΈΧ Φ΅Χ ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°Χ’ΦΆΧΦΆΧ ΧΦΌΦ°Χ Φ·Χ’Φ²Χ Φ΄Χ β ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ: Χ’Φ²ΧΦ΅ΧΧ Χ’Φ²ΧΦ΄ΧΧΦ°ΧͺΦΌΦΈΧ ΧΦΌΧΦΌΧΦΌΦ΅Χ ΧΧΦΉΧΦΈΧ, ΧΦΌΧΦ°ΧΧΦΌΧ¨Φ°ΧͺΦΌΦΈΧ ΧΦ΄ΧΧ Χ‘Φ°ΧΦ·Χ¨ ΧΦΆΧΦ±ΧΧΦΉΧ; ΧΦ²ΧΦΈΧ Χ’ΦΆΧΦΆΧ Χ’Φ΄ΧΦ°Χ¨Φ΄Χ, ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧ: Χ΄ΧΦΌΦ΄Χ ΧΧΦΉΧ ΧΧΦΉ Χ’Φ΄ΧΦΌΦΈΧΦ°Χ΄ β Χ’Φ΄ΧΦΌΦ°ΧΦΈ ΧΦΌΦ°ΧΦ·ΧΦ²ΧΦΈΧ, Χ’Φ΄ΧΦΌΦ°ΧΦΈ ΧΦΌΦ°ΧΦ΄Χ©ΧΦ°ΧͺΦΌΦΆΧ β ΧΦΉΧ ΧΦΌΧΧ Χ©ΧΦΆΧΦΌΦ΅Χ ΧΦΌΦ΄ΧͺΦΌΧΦΉ?!
The Gemara continues its challenge. And even according to the one who says that a master can say to his slave: Work for me but I will not feed you, i.e., a master is not legally obligated to provide sustenance for his slave, this matter applies only to a Canaanite slave, as the master can say to him: Work for me the entire day, and at night go around, beg, and eat. But in the case of a Hebrew slave, as it is written with regard to him: βBecause he fares well with youβ (Deuteronomy 15:16), indicating that the Hebrew slave must be βwith youβ in food and βwith youβ in drink, i.e., the Hebrew slave is entitled to live with his master as an equal, the master may not compel the slave to serve him unless he feeds him. All the more so is it not the case with regard to his daughter, that she is not required to beg for her sustenance and should receive the compensation herself?
ΧΦΌΦ΄ΧΦ°ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ Χ’ΧΦΌΧΦΌΦΈΧ: ΧΦΉΧ Χ Φ΄Χ¦Φ°Χ¨Φ°ΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦΌΦΈΧ€ΦΈΧ; ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΈΧ Χ Φ΄Χ¦Φ°Χ¨Φ°ΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦΌΦΈΧ€ΦΈΧ.
The Gemara answers: This is as Rava, son of Rav Ulla, said concerning a similar matter (Ketubot 43a): This halakha is necessary only for the surplus, i.e., money that a woman earns beyond what she needs for her essential sustenance. Here too, this halakha is necessary only for the surplus. If the compensation for injury is more than the daughter requires for her sustenance, the additional sum is paid to her father.
ΧΦΌΦ°ΧΦ·ΧΧ ΧΧΦΉΧ§Φ΅ΧΧΦ°ΧͺΦΌΦ·ΧΦΌ ΧΦ°ΧΦΈΧͺΦ°Χ¨ΦΈΧΦ°ΧΧͺΦΈΧ β ΧΦΌΦ΄Χ‘Φ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ? Χ΄ΧΦΌΦ°ΧΧΦΉΧΦ΄ΧΧ β ΧΦ΄ΧͺΦΌΦ΅Χ ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦΈΧ, Χ§Φ°ΧΦ·Χ ΦΌΦ΄ΧΧ β ΧΦ·Χ’Φ²Χ©ΧΦΆΧ ΧΦΈΧΦΆΧ Χ‘Φ°ΧΧΦΌΧΦΌΦΈΧΧ΄, ΧΦ·ΧΦΌΦ·ΧΧ? ΧΦ·ΧΦ²ΧΦ΄ΧΧΦΆΧ ΧΦΌΦΈΧ’Φ΅Χ ΧΦ°ΧΦ΄ΧΧͺΦΌΦ·Χ!
The Gemara again challenges the resolution of the two baraitot: In what manner did you interpret the latter baraita discussing one who injures the children of another? You interpreted it as dealing with a case where the sons are dependent on their fatherβs table. But the baraita also stated: If they are adults, he must give them their compensation immediately; if they are minors, he must make a safe investment for them. Why does he make a safe investment for them? Shouldnβt he be required to give the compensation to their father?
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΌΦ΄Χ Χ§ΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ β ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°Χ§ΦΈΧ ΧΦΈΧ‘Φ·Χ¨, ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ·ΧΦ²ΧͺΦΈΧ ΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ β ΧΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ.
The Sages say in response: Where the father is particular about receiving money that would go to his child is specifically in a matter that causes him a loss, as in a case where the father himself injured his child and would need to pay compensation. But in a matter that comes from elsewhere, as in a case where someone else injured his child, he is not particular about receiving the money, and it is paid to the child.
ΧΦ°ΧΦΈΧ ΧΦ°Χ¦Φ΄ΧΧΦΈΧ, ΧΦΌΦ°ΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ Χ§ΦΈΧΦΈΧͺΦ΅Χ ΧΦ°ΧΧΦΌ, ΧΦ°Χ§ΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ! ΧΦΈΧΦ°Χ¨Φ΄Χ: Χ¨Φ·ΧΦ°ΧΧΦΈΧ ΧΦΌΦ°Χ§ΦΈΧΦΈΧͺΦ΅Χ ΧΦ°ΧΧΦΌ ΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ, ΧΦ°ΧΦ΅ΧΧͺ ΧΦ°ΧΧΦΌ Χ¦Φ·Χ’Φ²Χ¨ΦΈΧ ΧΦΌΦ°ΧΧΦΌΧ€Φ·ΧΦ°ΧΧΧΦΌ ΧΦΌΦ°ΧΦ·ΧΦΌΦ·ΧΧΦΌ β Χ§ΦΈΧ€Φ΅ΧΧ; ΧΦ²ΧΦΈΧ ΧΦ²ΧΦΈΧΦΈΧ, ΧΦΌΦ°ΧΦ΄ΧΧͺ ΧΦ°ΧΧΦΌ Χ¦Φ·Χ’Φ²Χ¨ΦΈΧ ΧΦΌΦ°ΧΧΦΌΧ€Φ·ΧΦ°ΧΧΧΦΌ, ΧΦΌΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ Χ§ΦΈΧΦΈΧͺΦ΅Χ ΧΦ°ΧΧΦΌ β ΧΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ.
The Gemara challenges that response: But isnβt a found item a matter that comes to the children from elsewhere, and the father is particular about receiving it? The Sages say in response: With regard to profit that comes to the children from elsewhere, and they do not suffer physical pain in obtaining it, the father is particular about receiving the money, as he does not feel that the children deserve it. But in the case of an injury, where they suffer physical pain and it comes to them from elsewhere, the father is not particular about receiving the compensation paid to his child.
ΧΦ°ΧΦΈΧ ΧΦΈΧͺΦΈΧ, ΧΦΌΦ°ΧΦ΄ΧΧͺ ΧΦ·ΧΦΌ Χ¦Φ·Χ’Φ²Χ¨ΦΈΧ ΧΦΌΦ°ΧΧΦΌΧ€ΦΈΧ, ΧΦΌΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ Χ§ΦΈΧΦΈΧͺΦ΅Χ ΧΦ·ΧΦΌ, ΧΦ°Χ§ΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ! ΧΦΌΦ°Χ§ΦΈΧͺΦΈΧ Φ΅Χ: ΧΦ°ΧΦΉΧ Χ’ΧΦΉΧ, ΧΦΆΧΦΌΦΈΧ (ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ) ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ Χ©ΧΦΆΧΦΈΧΦ°ΧΧΦΌ ΧΦΌΦΈΧΦΌ β ΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ ΧΦ΄ΧΧͺΦΌΦ΅Χ ΧΦ°ΧΦΈΧΦ΄ΧΧΦΈ!
The Gemara challenges: But there, in the first baraita, isnβt it discussing a case where the daughter suffers physical pain, and it is a matter that comes to her from elsewhere, and the father is particular about receiving the money, as it teaches: And moreover, if there were others who injured her, they are liable to give compensation to her father?
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΈΧͺΦΈΧ, ΧΦΌΦ°ΧΦ·ΧΦ°Χ¨ΦΈΧ Χ§Φ·Χ€Φ°ΧΦΈΧ ΦΈΧ ΧΧΦΌΧ, ΧΦΌΦ°ΧΦΈΧ ΧΦ΅ΧΧ Χ‘Φ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ β ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°ΧΦΈΧͺΦ΅Χ ΧΦ°ΧΧΦΌ ΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ. ΧΦΈΧΦΈΧ, ΧΦΌΦ°ΧΦΈΧΧ ΧΦΌΦ·ΧΦ°Χ¨ΦΈΧ Χ§Φ·Χ€Φ°ΧΦΈΧ ΦΈΧ ΧΧΦΌΧ, ΧΦΌΦ°ΧΦΈΧ Χ‘Φ°ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ Χ©ΧΦ»ΧΦ°ΧΦΈΧ ΧΦΉ; ΧΦΌΦ΄Χ Χ§ΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ β ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°Χ§ΦΈΧ ΧΦΈΧ‘Φ·Χ¨ ΧΦ΅ΧΧΦΌ, ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°ΧΦΈΧͺΦ΅Χ ΧΦ°ΧΧΦΌ ΧΦ΅Χ’ΦΈΧΦ°ΧΦΈΧ β ΧΦΈΧ Χ§ΦΈΧ€Φ΅ΧΧ.
The Sages say in response: There, the baraita discusses a case where the father is a captious man, which is evident from the case of the baraita itself, as his children are not dependent on his table. A man like this is particular even about matters that come to them from elsewhere. By contrast, here, in the latter baraita, it discusses a case where the father is not a captious man, which is evident from the case of the baraita itself, as his children are dependent on his table. When he is particular about receiving the money, it is in a matter that causes him a loss, but in a matter that comes to them from elsewhere, he is not particular.
ΧΦ·ΧΧ Χ΄Χ‘Φ°ΧΧΦΌΧΦΌΦΈΧΧ΄? Χ¨Φ·Χ ΧΦ΄Χ‘Φ°ΧΦΌΦΈΧ ΧΦΈΧΦ·Χ¨: Χ‘Φ΅Χ€ΦΆΧ¨ ΧͺΦΌΧΦΉΧ¨ΦΈΧ. Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦΌΦ΄ΧΧ§Φ°ΧΦΈΧ ΧΦΌΦ°ΧΦΈΧΦ΅ΧΧ ΧΦ΄ΧΧ ΦΌΦ΅ΧΧΦΌ ΧͺΦΌΦ·ΧΦ°Χ¨Φ΅Χ.
The two baraitot stated that the father makes a safe investment for his minor children with the compensation paid to them. The Gemara asks: What is meant by a safe investment? Rav αΈ€isda says: The father should purchase a Torah scroll for his child. Rabba bar Rav Huna, says: The father should purchase a date palm, from which the child will consume dates.
ΧΦ°ΧΦ΅Χ ΧΦΈΧΦ·Χ¨ Χ¨Φ΅ΧΧ©Χ ΧΦΈΧ§Φ΄ΧΧ©Χ: ΧΦΉΧ ΧΦ΄ΧΦΌΦ°ΧͺΦΈΧ ΧͺΦΌΧΦΉΧ¨ΦΈΧ ΧΦΈΧΦΈΧ β ΧΦΆΧΦΌΦΈΧ Χ©ΧΦΆΧΦ·Χ Χ Φ°Χ’ΧΦΌΧ¨Φ΄ΧΧ ΧΦΌΦ΄ΧΦ°ΧΦΈΧ. ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ€ΦΌΦ°Χ¦Φ΄ΧΧ’ΦΈΧ.
The Gemara comments that the amoraβim of Eretz Yisrael discussed the same issue as did those in Babylonia. And so says Reish Lakish: The Torah granted the father only the profits of her youth, and nothing else. And Rabbi YoαΈ₯anan says: The father receives even the compensation for his daughterβs wound.
Χ€ΦΌΦ°Χ¦Φ΄ΧΧ’ΦΈΧ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ°?! ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΆΧΦ°Χ’ΦΈΧΦΈΧ¨ ΧΦΈΧ Χ§ΦΈΧΦ΄ΧΧΦΌΦ·Χ’Φ°ΧΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦΆΧΦΌΦΈΧ ΧΦ²ΧΦΈΧΦΈΧ β
The Gemara objects: Does it enter your mind that the father receives compensation for his daughterβs wound, which, unlike an injury, does not diminish his daughterβs value? Even Rabbi Elazar raised his dilemma only with regard to an injury,
