1)

(a)The four things (besides Nezek) that the Mishnah obligates Reuven who wounds Shimon to pay are - Tza'r (pain), Ripuy (doctor's fees), Sheves (work loss) and Boshes (shame).

(b)Assuming he blinded his eye, severed his hand or broke his foot - Nezek constitues the difference between Shimon's sale value (as an Eved Ivri) with the eye, the hand or the foot and without it (See Tos. Yom-Tov).

(c)Assuming that he burned him with a hot spit-rod or pierced his flesh with a nail, one assesses the pain - by finding out how much a person like Shimon (See Tos. Yom-Tov) would be willing to accept to be pained in the same way (Ibid.).

(d)The Mishnah adds 'even on the (finger or toe) nail' to teach us - that he is Chayav for Tza'r even when there is no Nezek.

2)

(a)The Mishnah obligates Reuven to pay ...

1. ... for blisters that appear on a wound - provided they are the result of the wound.

2. ... if the wound begins to heal and then deteriorates a number of times - as long as it has not completely cured.

(b)And he defines 'Sheves' as - if Shimon was a guard in a cucumber-field ...

(c)... since that is about as much as person without a hand or a foot is able to do (See Tos. Yom-Tov [this obviously does not pertain to where he blinded him]).

(d)The Mishnah does not obligate him to pay for the actual work that the Nizak loses - because that is included in the value of his hand or foot, for which he has already paid.

3)

(a)One assesses Boshes -according to the status of the Mazik and the Nizak.

(b)Reuven pays more Boshes, when ...

1. ... he is an ordinary man than if he would be an Adam Chashuv (See Tiferes Yisrael) ... whereas ...

2. ... he pays more if Shimon is an Adam Chashuv than if he would be a simple man.

(c)If Reuven shames Shimon who is naked - or blind, Reuven is nevertheless Chayav to pay Boshes (See Tos. Yom-Tov).

(d)The Mishnah rules that if Reuven shames Shimon whilst Shimon is asleep - he is Chayav (See Tos. Yom-Tov), whereas if he does whilst he himself is sleep - he is Patur (See following question).

4)

(a)If Reuven falls off a roof and wounds Shimon - he is Chayav to pay Nezek.

(b)The Tana now learns from the Pasuk in Ki Seitzei (in connection with a woman who shames the man who attacks her husband) "ve'Shalchah Yadah ve'Hechzikah bi'Mevushav" that - he is Patur from Boshes, since the Pasuk implies that she is only Chayav to pay for Boshes where she deliberately shamed him, but not where she did not have the intention of doing so (See Tos. Yom-Tov DH 'she'Ne'emar' & 'ad she'Yehei Miskaven').

(c)And from the continuation of the Pasuk "ve'Katzosah es Kapah", we learn - the basic Chiyuv to pay Boshes (See Tos. Yom-Tov DH 'Boshes').

5)

(a)We learn Nezek from the Pasuk "Ayin Tachas Ayin", and from the Pasuk in Mas'ei "ve'Lo Sikchu Kofer le'Nefesh Rotze'ach" we learn that - although one cannot accept money from a murderer to exempt him from the death-penalty, one can (and does) accept money from someone who blinds his fellow-Jew as payment for the eye (and does not poke out his eye in revenge [See also opening Tos. Yom-Tov]).

(b)We learn Tza'r from "Petza Tachas Patza", even where there is Nezek to pay as well. We might otherwise have thought that he is Patur - because, since he has paid for his hand, he has the right to cut it off in whichever way he wishes).

(c)From the Pasuk "Rak Shivto Yiten ve'Rapo Yerapei", we learn - the Chiyuv to pay both Ripuy and Sheves.

(d)The Mazik is Patur from Ripuy - if the Nizak causes complications by failing to comply with the doctor's instruction (See Tos. Yom-Tov DH 'Ripuy').

6)

(a)We learn from the Pasuk " ... ad ha'Elohim Yavo D'var Sheneihem" that - all Dinei Mamonos require a Beis-Din of Semuchin (who received Semichah from Semuchin [Note, that nowadays there are no Semuchin, even in Eretz Yisrael]). (For notes on questions 6 & 7, see Tos. Yom-Tov DH 'Ro'in Oso')

(b)And when we say 'Shelichusaihu Avdinan', we mean that - the Dayanim in Chutz la'Aretz are permitted to judge Dinei Mamonos as Sheluchim of the Dayanim in Eretz Yisrael.

(c)Besides loans, sales, acquisitions and damages, it also applies - to cases of admission and denial.

(d)One of the two conditions that it applies to damages is that it must be common; the other - is that it must involve a monetary loss.

7)

(a)'Shelichusaihu Avdinan' applies to ...

1. ... Shen ve'Regel - because they are both Mu'adin to begin with, but not to ...

2. ... Keren - because it is initially a Tam, which is a K'nas, and as we shall se shortly, the Din of K'nas does not apply in Bavel ...

(b)... and if an ox cannot be declared a Tam, it cannot become a Mu'ad either.

(c)It also applies to Adam she'Hizik Beheimah - but not to Beheimah or Adam she'Hizik Adam (because they are not common).

(d)Should such a case occur in Chutz la'Aretz, besides forcing the litigants to go to Eretz Yisrael to be judged by Semuchin (at a time when there are Semuchin in Eretz Yisrael) - Beis-Din instructs them to make a compromise, so that the Mazik pays an amount that satisfies the Dayanim ...

(e)... and the same applies to all Chayvei Kenasos.

8)

(a)Besides the fact that an ox does not pay the four things (other than Nezek) - it is also different than Adam ha'Mazik in that - it is Patur from paying for the V'lados if it gores a woman and kills the fetuses.

(b)We learn ...

1. ... the former from the Pasuk in Emor (in connection with the five things) "Ish ba'Amiso" - by Darshening "Ish ba'Amiso" 've'Lo Shor ba'Amiso'.

2. ... the latter from the Pasuk in Mishpatim "Ki Yinatzu Anashim", by Darshening - "Anashim", 've'Lo Shevarim'.

9)

(a)The Mishnah rules that if Reuven strikes ...

1. ... his father or mother without creating a wound (See Tos. Yom-Tov), or if he strikes ...

2. ... Shimon on Yom Kipur - he is Chayav to pay all five things.

(b)In the latter case, he is not Patur on the grounds that he is subject to Malkos (like all Chayvei Kerisus) - because even though in most cases that entail both Mamon and Malkos, one receives Malkos and is Patur from Mamon, when it comes to damages there is a Gezeiras ha'Kasuv that one pays (and is therefore Patur from Malkos).

(c)We learn this from the Pasuk in Parshas Shoftim "Yad be'Yad" - which is otherwise superfluous (bearing in mind the Pasuk in Emor Ka'asher Asah, kein Ye'aseh lo" [See Tos. Yom-Tov]).

10)

(a)The Tana rules that - someone who wounds his own Eved Ivri is Chayav everything except for Sheves; whereas if he belongs to somebody else - he is Chayav to pay Sheves as well(to the master).

(b)The Tana Kama obligates someone who wounds an Eved Cana'ani belonging to somebody else to pay all five things. According to Rebbi Yehudah - Avadim are not subject to Boshes.

(c)He learn this from the words "Ish ve'Achiv" (in the Pasuk in Ki Seitzei, in connection with Boshes "Ki Yinatzu Anashim Yachdav Ish ve'Achiv), from which the Chachamim Darshen - "Ish ve'Achiv", and Avadim are not called 'brothers'.

11)

(a)When the Mishnah says about a Chashu 'Pegi'asan Ra', it means that - when it comes to Nezikin, one is always at the losing end ... someone who wounds them is Chayav to pay, whereas when they do the wounding, they are Patur.

(b)Likewise, if you wound an Eved or a woman you are Chayav to pay, whereas if they wound you - they are Patur.

(c)They are not obligated to pay immediately - since they do not own anything with which to pay.

(d)They become obligated to pay - as soon as the woman is divorced (or widowed) or the Eved is set free.

(e)Despite the fact that they are Patur at the time of the damage, they become Chayav later - because they were not really Patur, but were simply unable to pay, as we explained, (See Tos. Yom-Tov).

12)

(a)The Tana exempts someone who strikes his father or mother from paying - provided he causes a wound.

(b)And he issues the same ruing with regard to Reuven who wounds Shimon on Shabbos ...

(c)... because in both cases the Mazik is Chayav Misah (in which case we apply the principle 'Kam leih bi'de'Rabah Mineih'.

(d)We might we have thought that he is not Chayav Misah - because he is Mekalkel (it is an act of destruction [and Mekalkel on Shabbos is generally Patur]).

(e)Nevertheless, he is Chayav - because since he feels better after having giving vent to his anger, it is considered a Tikun (See Tos. Yom-Tov).

13)

(a)'ha'Toke'a la'Chavero' means that - he punched his friend (See Tiferes Yisrael), whereas 'S'taro' means that - he slapped him.

(b)According to the Tana Kama, the former must pay a Sela (See Tos. Yom-Tov DH 'ha'Toke'a' & 'Sela') - covering the assessed payment for Boshes.

(c)According to Rebbi Yehudah in the name of Rebbi Yossi ha'Gelili, the former is Chayav to pay a Manah (twenty-five Sela Tzuri [See Tos. Yom-Tov]). The Halachah is - like the Tana Kama.

(d)The latter is Chayav to pay - two hundred Zuz.

(e)If hw slaps him with the back of his hand (See Tos. Yom-Tov), he is Chayav to pay - - four hundred Zuz.

14)

(a)The Mishnah now lists a number of other things for which the Chachamim fixed the amount of Boshes that Reuven has to pay Shimon. The first of these is 'Tzaram Ozno', which means either that he pulls his ear or that - he nicks it.

(b)Three of the other four things on the list are that he pulls his hair, spits at him (and the spit actually falls on him [See Tos. Yom-tov]) or if he pulls off his cloak. The fourth case is that - he uncovers a woman's hair in the street.

(c)All of these must pay - four hundred Zuz.

(d)When the Tana Kama says 'Zeh ha'Kelal; ha'Kol l'fi K'vodo', he means that - the above amounts apply to where the Nizak is a person of high standing, but that the scale diminishes together with the status of the Nizak.

15)

(a)With regard to the Tana Kama's previous statement, Rebbi Akiva rules that - even if the Nizak is a poor man, we view him as if he was a wealthy man who has hit upon hard times (but that does not change his status [See Tos. Yom-Tov]) ...

(b)... since they are all sons of Avraham, Yitzchak and Ya'akov.

(c)The Halachah is - like the Tana Kama.

16)

(a)In the story cited by the Mishnah, where Reuven uncovered a woman's hair in the street, when Rebbi Akiva obligated him to pay her four hundred Zuz - he asked for time before having to pay.

(b)Rebbi Akiva condescended - as this is acceptable with regard to Boshes, but not with regard to Nezek.

(c)When Reuven subsequently saw the woman standing at the entrance of her Chatzer - he broke a jar containing an Isar (a very small quantity) of oil in front of her and had witnesses watch her reaction ...

(d)... which was to take off her head-covering and collect the oil with her hands and place it in her hair.

17)

(a)Reuven asked Rebbi Akiva's Beis-Din - whether he was still obligated to pay four hundred Zuz Boshes to a woman who publicly uncovered her hair for an Isar of oil (See also Tos. Yom-Tov).

(b)Rebbi Akiva dismissed Reuven's argument outright.

(c)The first of Rebbi Akiva's proofs concerned someone who wounds himself - for which he is Patur (See Tos. Yom-Tov), as against others who wound him - for which they are Chayav.

(d)His second proof was - from someone who cuts down his own trees, for which he is Patur, yet if others cut them down - they are Chayav (to pay [See Tos. Yom-Tov].

(e)This does not mean that one is allowed to wound oneself or to cut down one's trees - both of which are basically prohibited (See Tos. Yom-Tov DH 'ha'Chovel be'Atzmo' & 've'ha'Kotzetz Neti'osav').

18)

(a)After paying for the shame that he caused Shimon, Reuven still needs - to ask him for forgiveness in order to attain forgiveness for what he did (See Tos. Yom-Tov).

(b)We learn this - from Avraham Avinu, when Hash-m instructed Avimelech to return Sarah to Avraham so that he would Daven for him (See Tos. Yom-Tov).

(c)And from the Pasuk there (in Chayei Sarah) "Vayispalel Avraham el ha'Elokim ... ", we learn that - Shimon should immediately accept his apology.

19)

(a)The Mishnah now discusses where the Mazik acts on the instructions of the Nizak. When the Tana refers to a case where Shimon asks Reuven to blind him, to cut off his hand or to break his foot on condition that he is Patur, he means that - Reuven asks Shimon whether he will exempt him from payment if he blinds him, and he replies 'Yes!'

(b)Reuven is nevertheless Chayav - because sometimes 'Yes' implies 'No' and 'No', 'Yes' (because they are meant as questions rather than statements). Consequently, 'Yes' in this case means 'Do you really think so?'

(c)Whereas if Shimon asks him to smash his jug, if, in response to Reuven's question whether he will be Patur, he replies 'Yes!' - he will be Patur (See Tos. Yom-Tov).

(d)The reason for the difference is - that people are not generally Mochel bodily pain, but they are Mochel damages to their property.

(e)If Shimon asks Reuven to do any of the above to Levi on condition that he will be Patur - he will in fact be Chayav (See Tos. Yom-Tov), irrespective as to whether it concerns his body or his Mamon.