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Bava Kamma 85b

בבא קמא פ״ה ע״ב

Learn Bava Kamma 85b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The injurer's payments: sources for paying צער and ריפוי along with נזק, cases of each payment without נזק, how שבת is measured, and רבא's and רבה's questions about combined and temporary injuries.

Overview

This amud covers what a person who injures someone must pay. First the גמרא finishes showing that the extra wording 'פצע תחת פצע' teaches two things: an injurer is liable even בשוגג or באונס, and he pays צער along with נזק. Next, רב פפא in the name of רבא learns from 'ורפא ירפא' that ריפוי is also paid along with נזק. The גמרא defends this against two challenges by pointing to the exact wording of the פסוק. It then gives examples where צער, ריפוי, שבת and בושת are each owed with no נזק at all. A ברייתא explains why measuring שבת as a 'watchman of cucumbers' is fair: the better jobs were already paid for in the value of the limb. רבא matches each injury to the job the victim can still do, and says that deafness requires paying the victim's whole value. רבא then asks whether separate injuries that end in deafness are paid one by one, and the question ends in תיקו. Finally רבה asks about a weakened hand that will heal, and a proof from a משנה begins that continues on the next amud.

Opening lines

לְרַבּוֹת שׁוֹגֵג כְּמֵזִיד

To include one who acts by accident like one who acts on purpose

וְאוֹנֶס כְּרָצוֹן!

and one forced by circumstances like one acting willingly!

אִם כֵּן, נִכְתּוֹב קְרָא:

If so, let the verse write:

״פֶּצַע בְּפָצַע״;

'A wound for a wound';

The steps (24)

  1. ChallengeThe verse is needed to include unintentional and forced injury
  2. ResolutionThe longer wording teaches both lessons
  3. StatementMedical costs are paid along with damage
  4. ChallengeThe verse is needed to permit doctors to heal
  5. ResolutionThe verse could have said 'a doctor shall heal'
  6. ChallengeThe doubled healing language is still needed
  7. ResolutionThe mixed wording proves the medical-costs law
  8. StatementInference that these payments can come without damage
  9. QuestionAsking for examples without damage
  10. ResponseExamples for pain and medical costs
  11. ResponseExamples for lost work and embarrassment
  12. StatementThe משנה's rule for measuring lost work
  13. StatementA ברייתא repeats the rule
  14. ChallengeIs the cucumber-watchman rule unfair?
  15. ResolutionThe payment is fair because the limb was already paid for
  16. Statementרבא: a lost hand and a broken leg
  17. Statementרבא: blinding an eye and making someone deaf
  18. Questionרבא asks: several unassessed injuries, then deafness
  19. QuestionWhat is really at stake: pain and humiliation for each injury
  20. QuestionWhat if each injury was already assessed?
  21. ConclusionThe question stays unresolved
  22. Questionרבה asks about a loss of work that lowers value
  23. QuestionThe case: a weakened hand that will heal
  24. ProofA proof begins from a משנה