hebrew
1)

What is the difference between a Keviyah, a Petza and a Chaburah?

1.

Rashi and Rashbam: "Keviyah" is a burn, "Petza", a wound (that has drawn blood) and "Chaburah", a bruise. 1


1

See Targum Onkelos in Bereishis 41:23, and Targum Yonasan in Yirmiyah, 13:23. See also Ibn Ezra.

2)

Why does the Torah find it necessary to list these types of wounds independently?

1.

Rashi and Targum Yonasan: Whereas the previous Pasuk was discussing wounds that constitute the victim's devaluation, the current Pasuk is discussing wounds that are confined to pain alone. 1

2.

Ramban: Refer to 21:24:151:2*.

3.

Rashbam: Whereas the previous Pasuk was discussing where the striker destroyed a limb, the current Pasuk is speaking where he did not, and he is Chayav to pay Tza'ar Boshes and Ripuy.

4.

Bava Kama 26b, "Petza Tachas Patza" teaches us that a person is always liable for damages that he himself inflicts - even if he is merely a Shogeg or an Oneis. 2

5.

Bava Kama, 27b: The Torah comes to teach us that one is Chayav to pay for Tza'ar, Ripuy, Sheves and Boshes even where there is Nezek as well.

6.

Bava Kama, 88b: The Torah mentions "Chaburah" to teach us that he is Chayav for "Keviyah" even where there is no wound. 3


1

Such as where he burned him with a boiling spit-rod on his nails.

2

Presumably from the fact that the Pasuk juxtaposes "Petza" to "Keviyah.". See Torah Temimah, note 175-176.

3

Bava Kama (Ibid.): Otherwise, "Keviyah" implies where there is a wound.

3)

How do Beis-Din assess pain?

1.

Rashi: They assess how much a person with a similar disposition to the victim, would be willing to accept to be pained in this way. 1


1

Bava Kama 84a retracted from this, for people do not want to be pained and receive! Rather, it is how much he would pay to be spared this pain. (PF) Moshav Zekenim - one who is already pained, it does not seem so painful to him. Refer also to 25:19:5:1.

QUESTIONS ON RASHI

4)

Rashi writes that "Petza" refers to a wound that draws blood. It can obligate the striker to pay Sheves, Boshes, Ripuy and Tza'ar. Why does the Torah see fit to write "Petza Tachas Patza'?

1.

Rashi: To teach us that, even if the striker has to pay Nezek (damages), this does not absolve him from having to pay for the Tza'ar as well. 1


1

Bava Kama, 84a. Refer also to 25:19:5:1*.

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