[85a - 55 lines; 85b - 47 lines]

1)[line 1]áëìì åôøè äîøåç÷éí æä îæäKLAL U'PRAT HA'MERUCHAKIM ZEH MI'ZEH / KLAL U'FRAT; EIN BA'KLAL ELA MAH SHEBA'PRAT

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Klalei and Pratei (see below, entry #9), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Klal u'Frat [Ein bi'Chlal Ela Mah shebi'Frat].

(b)When a Klal (general term) is followed by a Prat (specification), without teaching any new Halachos that pertain to that Prat, then the Halachah of the verse is limited and applies only to the Prat.

(c)Our Gemara suggests that when the Prat is distanced from the Klal by the interruption of an additional phrase (such as is the case in the verse our Gemara is discussing, "Keviyah Tachas Keviyah, Petza Tachas Patza, Chaburah Tachas Chaburah" (Shemos 21:25), with the Prat ("Chaburah") separated from the Klal ("Keviyah") by an additional phrase ("Petza")), Rebbi and Ben Azai argue whether we apply the rule of Klal u'Prat or not.

2)[line 9]áùåôèðé òñ÷éðï?!B'SHUFTANEI ASKINAN?!- are we dealing with fools?!

3a)[line 12]ãëñéôà ìéä îéìúàD'KESIFA LEI MILSA- the thing (i.e. having his flesh thrown to the dogs) is disgraceful to him

b)[line 12]ìîù÷ì îáùøå ìîùãééä ìëìáéíL'MISHKAL MI'BESARO L'MISHADYEI LI'KELAVIM- to take from his flesh and throw it to dogs

4)[line 14]éãå äîåëúá ìîìëåúYADO HA'MUCHTAV LA'MALCHUS- his hand upon which there is a warrant from the king that it be cut off

5a)[line 15]ñíSAM- acid (that corrodes a hole in the flesh)

b)[line 15]ìñééóSAYIF- a sword

6)[line 19]ìéèåì æä îæä îä ùðúï æäLITOL ZEH MI'ZEH MAH SHE'NASAN ZEH- for this person (the Nizak) to take from this person (the Mazik) the amount that this person (one whose hand must be cut off by the verdict of the king) would give (to have his hand cut off painlessly with acid and not with a sword)

7)[line 21]åðñúøä äîëäV'NISTERAH HA'MAKAH- the wound became worse

8)[line 29]àùëçúéðäå ìøáðï ááé øáASHKACHTINHU L'RABANAN B'VEI RAV- I found them, the Rabanan, in the house of study

9)[line 30]áîëä ðéúðä ìàâãB'MAKAH NITNAH L'EGED- a wound is able and permitted to be wrapped up

10)[line 32]ãúðà áéä ÷øàD'TANA BEI KERA- the verse repeats it

11)[line 37]"ø÷ [ùáúå éúï åøôà éøôà]""RAK [SHIVTO YITEN V'RAPO YERAPEI]"- "[He] just [must give him compensation for lost work, and he must completely heal him.]" (Shemos 21:19)

12)[line 41]îëàï ùðéúï øùåú ìøåôà ìøôàåúMI'KAN SHE'NITAN RESHUS L'ROFEI L'RAP'OS- from here (the extra word in the phrase, "v'Rapo Yerapei") [we learn] that permission is given to a doctor to heal. See Insights to 85:1.

13)[line 49]âøâåúðéGARGUSNI- dead flesh

14)[line 50]ðàúà ëøéëúàNA'ASA KERICHTA- dead flesh

15)[line 50]îàé àñåúéäMAI ASUSEI- what is its cure?

16a)[line 50]àäìàAHALA- (O.F. aloen) aloe

b)[line 50]å÷éøàKIRA- wax

c)[line 50]å÷ìáàKALBA- (O.F. resin) resin

17)[line 51]àñééêASYACH ANA- I will heal you

18)[line 51]ãîéú òìé ëàøéà àøáàDAMIS ALAI K'ARYA ARBA- you are to me like a lion in ambush

19)[line 51]îééúéðà àñéà ãîâï áîâïMAISINA ASYA D'MAGEN B'MAGEN- I will bring a cure that costs nothing

20)[line 52]àñéà øçé÷àASYA RECHIKA- I will bring a cure from far away (that is very inexpensive)

21)[line 52]àñéà øçé÷à òéðà òåéøàASYA RECHIKA EINA AVIRA- by the time you bring a cure from far away, the eye will be blind

22)[line 53]åàé àîø ìéä äéàêV'IY AMAR LEI HEI'ACH- and if the other one (the Nizak) says to him (the Mazik)

23)[line 53]äá ìé ìãéãé åàðà îñéðà ðôùàéHAV LI L'DIDI, V'ANA MASINA NAFSHAI- give me the money, and I will heal myself

24)[line 53]ôùòú áðôùê åù÷ìú îéðàé èôé?!PASHATA B'NAFSHACH, V'SHAKALT MINAI TEFEI?!- you harm yourself, and [for it] you take from me extra money?!

25)[line 54]÷åõ ìé î÷õKOTZ LI MEIKATZ- set for me a fixed amount

85b----------------------------------------85b

26a)[line 1]ùåââSHOGEG- unintentional [damage]

b)[line 1]ëîæéãMEZID- intentional [damage]

27a)[line 1]åàåðñONES- accidental [damage]

b)[line 1]ëøöåïRATZON- willingly [inflicted damage]

28)[line 16]åñìé÷V'SALIK- and it was going away (it was healing)

29)[line 16]åàééúé ìéä ñîà çøéôàV'AISI LEI SAMA CHARIFA- and he brought upon it a strong chemical

30)[line 17]åàçååøéä ìáéùøéäV'ACHVEREI L'VISREI- and it turned the flesh white (like leprosy)

31)[line 17]ãöøéê ìàåúáé ìéä ñîà ìàð÷åèéä âååðà ãáéùøéäD'TZARICH L'OSVEI LEI SAMA L'ANKUTEI GAVNA D'VISREI- he must place on it a medicinal cure that will bring back the color of the flesh

32)[line 19]ãäã÷éä áàéðãøåðà åáèìéäD'HADKEI B'INDERONA U'VATLEI- he locked him in a room and caused him to lose work

33)[line 20]ãø÷ ìéä áàôéäD'RAK LEI B'APEI- he spit at him in his face

34)[line 22]ì÷úä îãú äãéïLAKSAH MIDAS HA'DIN- the attribute of justice has been smitten

35)[line 23]ãëé îéúôç äàé âáøàD'CHI MISPACH HAI GAVRA- (a) for when this person becomes healed (RASHI); (b) for when this person was fully healthy (TOSFOS)

36)[line 23]àâøàAGRA- wage

37)[line 24]ãìé ãååìà åù÷éì àâøàDALI DAVLA V'SHAKIL AGRA- he would draw [water with] buckets and take a [higher] wage

38)[line 25]àæéì áùìéç åù÷éì àâøàAZIL B'SHALI'ACH V'SHAKIL AGRA- he would go as a messenger and take a [higher] wage

39)[line 44]úé÷åTEIKU

The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1.It is sealed in its container ("Tik") (ARUCH, Erech Tik).

2.Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).

3.Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).

40)[line 45]öîúä éãåTZAMSAH YADO- his hand withered (and is attached only by the sinews)

41)[line 46]äîëä àáéå åàîåHA'MAKEH AVIV V'IMO - one who hits his father or his mother

CHAVAL B'AVIV V'IMO (CHOVEL B'AV V'EM)

(a)A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).

(b)A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are Nezek, Tza'ar, Ripuy, Sheves, and Boshes (see Background to Bava Kama 83:24 for a detailed explanation of each payment). However, if a person strikes his father or mother, since his act is of the type that is liable to the death penalty, he is exempt from the monetary obligation incurred by the act. Therefore he does not have to pay any of the five payments. (According to most Tana'im, this holds true even if the person is not actually killed, e.g. if he did not receive a proper warning — see Background to Sotah 25:2:a.)

(c)If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro. (RAMBAM Hilchos Chovel u'Mazik 4:7)

42) [last line] åäçåáì áçáéøå áéåí äëôåøéí HA'CHOVEL B'CHAVEIRO B'YOM HA'KIPURIM - one who wounds his friend on Yom ha'Kipurim

(a)See Background to Bava Kama 83:24.

(b)A person who wounds someone on Yom ha'Kipurim is liable to Kares for having transgressed a prohibited Melachah of Yom ha'Kipurim. Our Gemara states the opinion of the Tana who argues with Rebbi Nechunya ben Hakanah, who rules that being liable to Kares exempts a person from monetary restitution (Pesachim 29a, Kesuvos 30a), according to the principle of Kam Lei bid'Rabah Minei (see Background to Sanhedrin 79:16). Our Sugya rules that even though the person is liable to Kares, he must also make monetary restitution for the damages he caused.