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Bava Kama Chapter 8, Mishnah 2: Stringencies When a Person Injures

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We are now up to Mishnah 2 in Chapter 8 of Tractate Bava Kamma, which takes us back to what we learned in Chapter 5, Mishnah 4. The Mishnah lists stringencies that apply to a person who injures another, which do not apply when a person's property - such as his ox - causes the injury.

Two stringencies of a person compared to an ox:

The Mishnah presents two stringencies that apply when a person injures his fellow, compared to a situation where a person's ox injures a person.

The first stringency - five payments:

"She'adam meshalem nezek, tza'ar, ripui, sheves uvoshes" - when a person injures his fellow, he pays all five types of payments as they apply to each specific case:

  • "Nezek" - the damage itself.

  • "Tza'ar" - the physical pain.

  • "Ripui" - the medical expenses.

  • "Sheves" - the loss of work days.

  • "Boshes" - the embarrassment.

The second stringency - compensation for offspring:

"Umeshalem demi velados" - the person who causes the injury also pays financial compensation for the loss of the fetus. This matter is learned at length in Chapter 5, Mishnah 4, and it essentially amounts to two payments:

  1. The actual financial loss of the fetus.

  2. The loss of the beauty that the woman enjoys while she is pregnant.

In contrast, regarding an ox:

"Beshor eino meshalem ela nezek" - when an ox is what caused the damage, its owner pays for the physical damage alone, and nothing more. "Ufatur midemi velados" - and the owner of the ox is not obligated in any payment for the loss of the fetus.

In summary: In this Mishnah we learned two stringencies regarding a person who injures compared to his ox: The person is liable for five payments - damage, pain, medical expenses, loss of work days, and embarrassment, as well as compensation for offspring with both its components; whereas the owner of the ox pays for damage alone, and is exempt from compensation for offspring.