Bava Kamma 87b
בבא קמא פ״ז ע״ב
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Topic
Who receives the injury payments when a father or others injure a daughter or son: רב's view that the Torah gave the father only שבח נעורים, and the challenges to it.
Overview
רב rules that when someone injures a young daughter, the payment goes to her, because the Torah gave the father only שבח נעורים. רבי אלעזר objects from the עבד עברי and from a ברייתא that says others who injure a minor daughter pay her father. Both objections are answered: the father gets only שבת (lost work time), since her earnings are his. The גמרא then finds two ברייתות that disagree about a father who injures his own adult son. It settles them by asking whether the children are supported at his table. Defending that answer, it explains that a self-supporting daughter keeps what she needs for food and only the surplus goes to her father. It also explains that a supporting father lets his children keep injury money from outsiders, unlike a strict father who claims even that. Next the גמרא defines סגולה as a ספר תורה or a fruit-bearing date palm. Finally it brings ריש לקיש and רבי יוחנן arguing over the same question and begins to challenge רבי יוחנן's view about a mere wound, a challenge that continues on the next amud.
Opening lines
אֲמַר לֵיהּ:
He (Rav) said to him (Rabbi Elazar):
לֹא זִכְּתָה תּוֹרָה לָאָב,
The Torah did not grant the father
אֶלָּא שֶׁבַח נְעוּרִים בִּלְבָד.
anything except the profits of her youth alone.
אֵיתִיבֵיהּ:
He (Rabbi Elazar) raised an objection to him:
The steps (20)
- Responseרב: the father gets only the profits of her youth
- ChallengeObjection from the Hebrew slave
- Resolutionאביי: רב agrees about lost work time
- ChallengeObjection: others who injure her pay the father
- ResolutionHere too, it means lost work time
- ChallengeContradiction about injuring one's own adult son
- ResolutionIt depends on whether they eat at his table
- ChallengeIf the daughter is not supported by her father, why does her father collect?
- ChallengeEven a Hebrew slave must be fed, so surely a daughter must be
- ResolutionThe father gets only the surplus
- ChallengeIf the children are supported by their father, why don't they pay him?
- ResolutionA father only minds about money that would come from his own pocket
- ChallengeBut a found item also comes from outside, and the father takes it
- ResolutionInjury money is different because the child suffered pain
- ChallengeBut the first ברייתא gives injury money from outsiders to the father
- ResolutionThe father in the first ברייתא is a strict man
- QuestionWhat is the safe investment?
- ResponseA Torah scroll or a date palm
- Statementריש לקיש and רבי יוחנן argue about the daughter's injury money
- ChallengeCan the father really get money for a mere wound?