[32a - 26 lines; 32b - 28 lines]

1)[line 3]בושת... צעראBOSHES / TZA'ARA (CHOVEL B'CHAVEIRO - one who injures his friend)

(a)A person who wounds his fellow Jew 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:

1.NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.

2.TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted - for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).

3.RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.

4.SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)

5.BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused by an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an average person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh, which follow the previous opinion). With regard to a person who was embarrassed, shame caused to a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).

(b)The first four of the above-mentioned payments apply even if the person caused the injury unintentionally. Boshes only applies if the injury was inflicted intentionally.

2)[line 4]ופגםPEGAM (reimbursement for the loss of virginity)

Pegam is the payment of Nezek (see above 1:1) incurred for raping a virgin. The amount paid is equivalent to the depreciation (on the slave market) of the woman who was raped due to her loss of virginity. This is evaluated by the difference in her value before and after her loss of virginity, had she been sold as a mate purchased for a slave. (People pay slightly more to give a virgin as a mate for their slave, since their slave will be more grateful to them if he is given a virgin.)

3)[line 14]שכן הותר מכללוSHE'KEN HUTAR MI'CHELALO- there is an exception to the general prohibition of hitting another Jew, i.e. a person receive lashes in Beis Din

4)[line 15]עדים זוממיוEDIM ZOMEMIN

See Background to 19:17.

5)[line 21]הצדהשוהH A'TZAD HA'SHAVEH

(a)One method of deriving Halachos is a "Mah Matzinu" - literally, "just as we have found." This entails comparing one area of Halachah to another, and applying what is stated clearly regarding one to the other. This method, however, is very vulnerable to "Pirchos" - questions. If any difference can be shown between the two subjects, then the comparison is negated.

(b)In such a situation, the Gemara will sometimes offer a "Yochi'ach" / "Tochi'ach" - a proof. This takes the form of a comparison to yet another subject, which strengthens the original derivation and lacks the flaw of the first comparison. If a Pirchah is asked on this second comparison, it can then be refuted by the first one.

(c)The terminology of the Gemara in such a situation is "v'Chazar ha'Din" - the ruling returns [back and forth]; "Lo Re'i Zeh k'Re'i Zeh" - this comparison is unlike the first and vice versa; but the "Tzad ha'Shaveh" - the common denominator - teaches us that the derivation is valid. This process can continue, with the Gemara asking a Pirchah upon the common denominator and attempting to introduce yet a third comparison that will solidify the Tzad ha'Shaveh.


6)[line 12]שתי רשעיותSHTEI RISH'IYOS- two punishments for the same offense; the Torah limits each offense to a single punishment

7)[line 15]דלא אתרו ביהD'LO ASRU BEI - they did not warn him (HASRA'AH)

(a)If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.

(b)The Gemara here is suggesting that a person should pay a monetary fine which is incurred at the same time as he transgressed a prohibition which is punishable with Malkus only under certain circumstances: if he was not issued a Hasra'ah (warning) for the Malkus prior to his offense. As a result, he will not receive Malkus and therefore he must pay. (However, if he receives Malkus he does not pay; see Background to 33:16, Kam Lei bid'Rabah Minei.)