Bava Kama Chart #11
Chart for Bava Kama Daf 87b
TO WHOM MUST ONE GIVE COMPENSATION FOR BODILY HARM,
WHEN ONE HARMS A CHILD?
|THEY ARE NOT
BY THEIR FATHER
|1||Others harmed them||To them||Set up a "Segulah" (1)||To the father (2)|
|2||Their father harmed them||To them||Set up a "Segulah"||Patur|
BY THEIR FATHER
|3||Others harmed them||To them||Set up a "Segulah" (3)||To the father (4)|
|4||Their father harmed them||Patur (4) (5)||Patur (4) (5)||Patur|
(1) The Gemara explains that we set up a "Segulah" for them by either buying a Sefer Torah with the money (capital preservation), or by buying a date-palm with the money (perpetual income or annuity).
(2) According to Rav, this does not refer to the Beraisa, but rather to the extra Tashlumei Sheves that is more than the minimum cost of her support. The rest of the Sheves goes to the daughter herself (since her is obligated to support her). The other payments for bodily harm (Nezek, Tza'ar, etc.) go to the daughter, because the Torah does not entitle the father to these payments. According to Rebbi Yochanan -- who holds that the Torah entitles the father to these payments -- this Beraisa refers to the Sheves that is above the amount of her minimum support, and to all of the other payments of Nezek as well.
(3) Even though they are supported by their father, and thus their Sheves belongs to their father, nevertheless since the payment comes from others (and the father is losing nothing as a result of this payment), and since the children experienced bodily pain, the father is not strict that the payment be given to him (for he is not a miser, as indicated by the fact that he is supporting his children), and he allows his children to take the payment for themselves (Gemara).
(4) According to Rav, this refers only to the Sheves, and not to the other payments (for certainly one must give those payments to the child). According to Rebbi Yochanan, it refers to all of the payments for the bodily harm (see above, footnote 2).
(5) Since the father will incur a monetary loss if he has to pay to them, he is strict and he does not grant them the right to receive these payments.