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Bava Kamma 83b

בבא קמא פ״ג ע״ב

Learn Bava Kamma 83b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The five payments of a חובל, and the proofs that "עין תחת עין" means money

Overview

This amud opens the eighth פרק of בבא קמא with a new משנה about a חובל, someone who injures another person. He owes five payments: נזק, צער, ריפוי, שבת and בושת. The משנה explains how each one is measured, such as valuing the victim as an עבד in the market for נזק and as a cucumber guard for שבת. The גמרא then asks why he pays money at all, when the תורה says "עין תחת עין". A ברייתא gives two proofs: comparing one who strikes a person to one who strikes an animal, and the פסוק forbidding כופר only for a murderer. The גמרא tests both proofs, defends them, and shows that each one teaches something different. Next, רבי דוסתאי בן יהודה argues that a big eye and a small eye cannot be an equal exchange, so the תורה must mean money. The חכמים push back that the תורה may mean taking away sight, and their argument continues on the next amud.

Opening lines

מַתְנִי׳ הַחוֹבֵל בַּחֲבֵירוֹ,

MISHNA: One who injures his fellow

חַיָּיב עָלָיו מִשּׁוּם חֲמִשָּׁה דְּבָרִים:

is liable to him for five things:

בְּנֶזֶק, בְּצַעַר, בְּרִיפּוּי,

for damage, for pain, for medical costs,

בְּשֶׁבֶת וּבוֹשֶׁת.

for loss of work, and for humiliation.

The steps (34)

  1. StatementOne who injures another owes five payments
  2. StatementHow damage is measured: the slave-market comparison
  3. StatementHow pain is measured, even with no lasting wound
  4. StatementMedical costs: what the injurer must cover
  5. StatementHow payment for lost work time is measured
  6. StatementHow payment for embarrassment is measured
  7. ChallengeDoesn't the Torah say an actual eye for an eye?
  8. ResolutionA ברייתא proves the injurer pays money
  9. ProofA backup proof from the ban on taking ransom for a murderer
  10. QuestionWhich verse about striking does the ברייתא mean?
  11. RejectionNot the verse about killing
  12. ResponseThe verses about killing an animal and maiming a person, side by side
  13. ChallengeBut the verse about a person does not say "strikes"
  14. ResolutionThe comparison is about the act of striking, not the exact word
  15. ChallengeBut the verse says "he shall surely be put to death"
  16. ResolutionIt means with money
  17. ChallengeHow do we know it means money and not real death?
  18. ResolutionTwo reasons the death penalty reading is impossible
  19. QuestionWhat did the ברייתא mean by 'if you want to say'?
  20. ResponseWhy learn from hitting an animal and not from hitting a person?
  21. ResolutionLearn damages from damages, not from death
  22. ChallengeOn the contrary: learn a person from a person
  23. ResolutionThe second proof: no ransom only for a murderer
  24. ChallengeThe verse is needed for a different lesson
  25. ResolutionThe no-double-punishment rule comes from another verse
  26. ChallengeThe verse is needed for its plain meaning
  27. ResolutionThe extra words 'for the life of a murderer'
  28. ChallengeWhy is the first proof still needed?
  29. ResolutionWithout the comparison, the injurer could choose
  30. Statementרבי דוסתאי says 'eye for an eye' means money
  31. ProofA big eye and a small eye are not equal
  32. ProofOne equal law means it must always be money
  33. RejectionMaybe the Torah means taking away his sight
  34. ProofSetting up support for the sight reading