Ask A Question on the daf

Previous daf

1) [line 3] BOSHES / TZA'ARA (CHOVEL B'CHAVEIRO - one who injures his friend)
(a) A person who wounds his fellow Jew 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) - 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. The shame caused *by* an undignified person is greater and so is shame caused *to* a dignified person (Bava Kama 8:1)

2) [line 4] PEGAM - The payment of Nezek

3) [line 14] SHE'KEN HUTAR MI'CHELALO - there is an exception to the general prohibition of hitting another Jew, i.e. a person receive lashes in Beis Din

4) [line 15] EDIM ZOMEMIN
If two witnesses testify to a crime and a later set of witnesses disqualify their testimony by saying that the first set of witnesses were with them in a different place at the time the first set of witnesses claim the act took place, the first witnesses are termed Edim Zomimin. The Torah commands that the second set of witnesses be believed, rather than the first. In general, they are punished with the punishment they tried to cause; e.g. if they wanted to cause to a loss of money by their testimony, they must pay that amount of money. (Devarim 19:16-21. See MISHNAH Makos 5a)

5) [line 21] HA'TZAD HA'SHAVEH
(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" ("what we have found [in one subject, applies to another subject, also]"). Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) At this point the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them (in our case, that all foods require a Berachah). The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

6) [line 12] SHETEI RISH'IYOS - two punishments for the same offense; the Torah limits each offense to a single punishment

7) [line 15] D'LO ASRU BEI (HASRA'AH) - in a case where they did issue to him Hasra'ah (warning); as a result, he will not receive Malkos and therefore he must pay (but if he receives Malkos he does not pay)
HASRA'AH
If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.

Next daf