REVACH L'DAF
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SUMMARY
1. There is a disagreement whether a son may act as a Shali'ach Beis Din to give Malkus to his father or to excommunicate him.
2. One who strikes his friend transgresses a Lav in the Torah.
3. One is Patur if he injures or curses a person being taken out by the Beis Din to be killed.
4. If a person injures his friend, and causes damage that is worth less than the value of a Perutah, he is Chayav Malkus.
5. The prohibition against cursing a fellow Jew applies only if the fellow Jew conducts himself in accordance with the laws of the Torah.
6. If a person curses his father after his father's death, he is Chayav. However, if he hits his father's body after his father's death he is Patur.
7. There is a disagreement whether a son is Chayav for hitting his father if his father does not conduct himself in accordance with the laws of the Torah.
8. There is an argument whether a person is Chayav for hitting a Kusi.
9. If someone kidnaps a fellow Jew and sells him, he is Chayav Misah. However, the kidnapper is not Chayav Misah unless he brings the kidnapped person into his property and makes him work before selling him.
10. If someone kidnaps a sleeping person or a pregnant woman and makes them work, it is questionable whether he is Chayav.
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A BIT MORE
1. Rebbi Sheshes learns that although there is a Chiyuv Misah for a son to hit or curse his father, in a situation when it is a Mitzvah to do so, it is permitted. However, we rule that unless the father is a Mesis it is forbidden for a son to hit or curse his father, even if he is a Shali'ach Beis Din.
2. Even a Shali'ach Beis Din who is giving someone Malkus transgresses a Lav if he gives more than thirty nine lashes.
3. However, if a son curses or wounds his father when his father is being taken out to be killed, he is Chayav Misah. The reason for this is because a son is Chayav for cursing his father even after his father's death.
4. However, if the injuries amount to a Perutah or more he is obligated to pay for the injuries and he is Patur from Malkus.
5. Even if the person did not conduct himself properly, if he did Teshuvah it is forbidden to curse him.
6. A son is Patur for hitting his father after his father's death because he is only Chayav if he wounds his father. It is impossible to wound someone who is not alive.
7. According to one opinion, we compare hitting to cursing. Since there is no Chiyuv for cursing a father who does not act properly, so it is with hitting. Another opinion maintains that we do not derive the laws of hitting from the laws of cursing.
8. According to the opinion that the laws of hitting are learned from the laws of cursing, there is no Chiyuv for hitting a Kusi. Since a Kusi does not conduct himself in accordance with the Torah, it is permitted to curse him - and hence to hit him. According to the opinion that laws of hitting are not learned from the laws of cursing, there is a Chiyuv for hitting a Kusi.
9. According to the Tana Kama, if the kidnapper makes him work less than a Perutah he is Chayav. Rebbi Yehudah says he is only Chayav if he makes him work at least the value of a Perutah. If not, he is Patur.
10. It is a Safek whether a kidnapper is Chayav for making a sleeping person "work" by leaning on the sleeping person, or if he "uses" a pregnant woman to protect him from the wind - i.e. he uses the person he kidnapped in an unconventional manner.
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