POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 87
1) LAWS THAT DO NOT APPLY TO A BLIND PERSON
(a) (Beraisa #2 - R. Yehudah): A blind person does not pay
for embarrassment; also, he is exempt from all monetary
laws of the Torah.
2) GENERAL RULES OF PAYING FOR DAMAGES
(b) Question: What is his reason?
(c) Answer: "The congregation will judge between the murderer
and the avenger (the victim's relative) according to
these monetary laws" - only those who are liable for
murder are liable for monetary laws.
(d) (Beraisa #3 - R. Yehudah): A blind person does not pay
for embarrassment; also, he is exempt from all Mitzvos of
(e) Question: What is his reason?
(f) Answer: "These are the Mitzvos, statutes and monetary
laws" - only those who are liable for monetary laws are
commanded about Mitzvos and statutes.
(g) Rav Yosef (who was blind): At first, I hoped to hear that
the law is as R. Yehudah (that a blind person is exempt
1. Question: Why?
(h) Rav Yosef: After hearing R. Chanina's teaching, I hope to
hear that the law is not as R. Yehudah.
2. Answer: He would get a greater reward for doing
Mitzvos, even though he is exempt.
1. (R. Chanina): One who is commanded and fulfills gets
a greater reward than one who is not commanded and
2. If the law is not as R. Yehudah, Rav Yosef would get
a greater reward for the Mitzvos, because he is
(a) (Mishnah): The Torah was stringent by a man that damages,
to obligate him to pay Nezek, pain, medical expenses,
unemployment, and embarrassment, and compensation for a
3) HITTING CHILDREN
1. An ox only pays Nezek, it is exempt from
compensation for a fetus.
(b) One who strikes his father or mother and does not make a
wound, or one who strikes a person on Yom Kipur is liable
for all damages.
(c) One who strikes a Hebrew slave is liable for all damages,
except for unemployment if he struck his own slave;
(d) One who strikes another's Kana'ani slave is liable for
1. R. Yehudah says, embarrassment does not apply to
(e) One loses from encounters with a deaf person, lunatic or
child: one who damages any of them is liable, if any of
them damaged someone, he is exempt.
(f) One loses from encounters with a slave or (married)
woman: one who damages either of them is liable, if
either of them damaged someone, he or she cannot pay now;
1. If the slave is freed or the woman is divorced, then
he or she must pay.
(g) One who strikes his father or mother and makes a wound,
or one who strikes a person on Shabbos is exempt from all
damages because he is liable to die.
(h) One who strikes his Kana'ani slave is exempt from all
(a) (Gemara - R. Elazar) Question: Reuven hit Shimon's
daughter (a minor) - does he pay her or Shimon?
1. The Torah gave Shevach N'urim (money which a girl
earns or receives throughout the period that she is
a Ketanah or Na'arah, which includes Kidushin money)
to the father - perhaps this also applies to
i. Question: Why should this be?
2. Or - perhaps the Shevach N'urim that the Torah gave
to the father only includes Kidushin (or related)
money, for a repulsive person would pay Shimon money
to let him marry Shimon's daughter. Since, however,
Shimon has no jurisdiction over wounding his own
daughter, money paid for damages are not included!
ii. Answer: Her value decreased.
(b) Answer (Rav): The Torah only gave to the father Kidushin
4) CHILDREN THAT FEED THEMSELVES
(c) Question (Mishnah): One who strikes a Hebrew slave is
liable for all damages, except for unemployment if he
struck his own slave. (Since a girl's labor belongs to
her father, the law should be the same!)
(d) Answer (Abaye): Rav admits that the father receives the
unemployment, since he owns her labor until Bagrus.
(e) Question (Beraisa #1): Reuven hit his son: if the son is
an adult, Reuven pays him immediately; if the son is a
minor, he buys something lasting
1. If Reuven hit his daughter (a minor), he is exempt;
if Shimon hit Reuven's daughter, he pays Reuven.
(f) Answer: The Beraisa speaks of the unemployment.
(a) (Beraisa #1): Reuven hit his son (an adult) - he pays
(b) Contradiction (Beraisa #2): Reuven hit Shimon's sons or
daughters - if they are adults, he pays them immediately;
if they are minors, he buys something lasting
1. If Reuven hit his own sons or daughters, he is
(c) Answer: If Reuven feeds his children, he is exempt (if he
hits them); if they feed themselves, he is liable.
(d) Question: Beraisa #1 cannot be when Reuven's children
1. (End of Beraisa #1): If he hit his daughter (a
minor), he is exempt; moreover, if Shimon hit
Reuven's daughter, he pays Reuven.
(e) Answer: As Rabah brei d'Rav Ula taught (elsewhere), (the
father gets) the money above what she needs to eat.
2. If she feeds herself, she must receive the money!
3. Even according to the opinion that a master can tell
his slave 'Work for me, I will not feed you' - that
is only by a Kana'ani slave;
i. The master can make him work all day; the slave
can pursue his food at night.
4. A master cannot tell his Hebrew slave 'Work for me,
I will not feed you', for it says "It is good for
him with you" - he is with you regarding food and
drink (he eats no worse than his master)!
5. All the more so, a man cannot tell his daughter
'Work for me, I will not feed you'!
(f) Question: Beraisa #2 cannot be when Reuven's feeds his
children - it says, if Reuven hit Shimon's sons or
daughters - if they are adults, he pays them immediately;
if they are minors, he buys something lasting;
1. Shimon should receive the money (since he is feeding
(g) Answer: A man who feeds his children is insistent not to
lose money (e.g. if he hits them, he should not pay); he
does not mind if they get money from another source (e.g.
when someone else hit them).
(h) Question: But he is insistent to receive lost items that
(i) Clarification of Answer: He is insistent to get money
they get from another source if it came without bodily
pain to them; he is not insistent to get money which came
through bodily pain.
(j) Question: But we find that he is insistent to receive
money they get from another source that came through
1. (Beraisa #1: Moreover, if Shimon hit Reuven's
daughter, he pays Reuven.
(k) Answer: That refers to an exacting father - he does not
feed his children - he is insistent to get money they get
from another source;
1. In Beraisa #2, the father feeds his children - he is
insistent not to pay them, but he is not insistent
to get money they get from another source.
(l) Question: What is the 'something lasting'?
(m) Answer #1 (Rav Chisda): A Sefer Torah.
(n) Answer #2 (Rabah bar Rav Huna): A tree from which they
(o) (Reish Lakish): The Torah only gave to the father Shevach
Ne'urim money (as Rav holds).
(p) (R. Yochanan): Even if someone bruised her, her father
gets the money.
(q) Question: Can that really be?! Even R. Elazar only asked
about a blow that decreases her value, not a bruise that
does not decrease her value!
(r) Answer (R. Yosi bar Chanina): R. Yochanan refers to a
bruise on the face which decreases her value.