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SYNOPSIS OF DAF YOMI (ENGLISH) | BAVA KAMA 85
דף פ"ה
The סוגיא begins on פ"ד ע"ב. The subject is the source that one pays for causing someone pain even without injury.
שמות פרק כא פסוק כ"ה
כְּוִיָּה תַּחַת כְּוִיָּה פֶּצַע תַּחַת פָּצַע חַבּוּרָה תַּחַת חַבּוּרָה
The wording of a ברייתא is unclear. רבי says the verse mentions a burn first; בן עזאי says an injury. רבא explains the opinion of בן עזאיis one pays for pain alone. רבי understands the verse as the mention of a burn separate from an injury to indicate even without an injury one is liable. The verse ends with the term injury to indicate there is no liability for pain without injury. בן עזאי explains it in an opposite manner. The fact that the verse ends with a separate requirement to pay for injury indicates that pain is a separate liability. רב פפא explains the argument in an opposite manner.
Another explanation is whether to learn a כלל פרט וכלל when the כלל ופרט are separated by words in between. רבי holds they are not connected therefore one is liable for inflicting pain without injury. The end of the verse that mentions injury separately indicates he has to compensate for both. בן עזאי holds to learn the כלל ופרט and holds one liable only for pain with injury.
Assessment for pain
Shmuel's father explains that we assess on the basis of a person who for example was sentenced by a government to have his amputated. How much would he pay to have it amputated in a less painful manner as by way of a drug rather than by surgical means! According to the רא"ש, this assessment is regardless whether there is an injury as well.
Sores that develop from the injury
If the sores developed as a result of the injury according to all opinions he pays medical expenses and loss of employment. If they developed as a result of excessive bandaging the ת"ק holds he pays both since he is entitled to both. The extra expression to heal includes compensation for loss of employment. According to רבי יהודה he is entitled to medical expenses not to unemployment. According to the חכמים אחרונים he is exempt from both payments as they depend on one another. Since he is not liable to unemployment he does not pay medical expenses. If the sores developed not as a result of the injury such as he did not follow the doctor’s advice the word רק exempts him.
Perpetrator recommends doctor
1. Even if he is a doctor he can refuse him.
2. He offers him a doctor for free the victim can refuse him.
3. He offers him a doctor not from the vicinity he can refuse him.
The perpetrator does not have to give him money. He can arrange for him a doctor.
The term in the verse פצע תחת פצע teaches he pays for pain in addition to injury. The term ורפא ירפא teaches he pays medical expenses in addition to injury.
Case of compensation without injury
Pain without injury is where he burns his nail. Medical expenses without injury are where the perpetrator gave him too strong a medication that whitened his skin. Loss of employment is where he locked him in a room. Embarrassment is where he spits in his face.
Loss of employment
He gets paid as a watchman for cucumbers. This compensation is appropriate even if he worked previously at a higher paying job because his compensation for injury will be appropriate for his loss. The evaluation is based on his capability after the injury. If in addition his foot was broken he gets payed only as a doorman. He cannot walk around the garden. If he blinded him he pays him to grind a millstone. A deaf man gets full compensation since he cannot work unless he did skilled work that he can return to.
