Daf Yomi Summary | Bava Kama 86
דף פ"ו
Yesterday the גמרא stated that one who deafened a person has to pay full compensation. Since he is incapable to work, the court cannot assess any reduction in value. רבא asked if the victim was injured in stages from less to more severely without a court assessment each time does the perpetrator pay for pain and embarrassment for each time. If not, then what if there was an assessment without payment is the law different. The גמרא leaves it unresolved and decides based on the rule ספק ממון לקולא. However if the victim manages to extract payment for each individual injury he can keep it.
Temporary reduction in value
The law is an argument between אביי ורבא. According to אביי, he pays temporary disability and unemployment the amount paid to a cucumber watchman. רבא holds he pays no injury compensation since it is temporary but he pays full unemployment.
One cuts off the hand of his fellow's slave
אביי holds the payment for personal injury is made to the slave and loss of employment to the master to the tune of a cucumber watchman. רבא holds the personal injury compensation is used to purchase land whose proceeds go to the master reducing his loss.
הכל לפי המבייש והמתבייש
The גמרא concludes our Mishnah follows the view of רבי שמעון. The court assesses the wealthy as those who once had wealth and lost it; the poor are assessed according to the most indigent that experience little if any humiliation. Both payments as a result are heavily reduced.
Intent to embarrass one and embarrassed another
The גמרא holds one is liable only for intentional embarrassment. If one for example embarrassed a free man thinking he is a slave he pays the value of a slaves embarrassment. According to a second opinion if one embarrassed an adult thinking he was a child he pays the embarrassment of a child such as when reminding him of something that distresses him.
Embarrassing a naked person
The Mishnah says one is liable because the victim's garments were lifted by a wind and the perpetrator lifted them more. Similarly one standing by the river lifted his garment to wash his feet and another lifted it more.
Embarrassing the dead
The גמרא concludes one cannot be held liable because the factor is humiliation not degradation or a stigma to the family.
