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Prepared by Rabbi P. Feldman
1) IS OWNING THE PRODUCE LIKE OWNING THE PROPERTY?
(a) (Beraisa - R. Meir): Reuven sold his slave Tavi to Shimon, and stipulated that Tavi still serve Reuven for 30 days - (for those 30 days,) since Tavi is by Reuven, Reuven is considered his owner regarding the law of 24 hours. (A master is only killed for striking his slave if the slave died within 24 hours of the blow.)2) STANDARD PAYMENT FOR EMBARRASSMENT1. R. Meir holds, owning the produce (his labor) is as owning the property.(b) R. Yehudah says, Shimon is considered the owner regarding the law of 24 hours, since he owns him.1. He holds, owning the produce is not as owning the property.(c) R. Yosi says, both are considered owners regarding the law of 24 hours - Reuven, because Tavi is by Reuven, and Shimon, for Tavi is Shimon's property.1. He is unsure whether owning the produce is as owning the property - because of the doubt, we cannot kill either.(d) R. Eliezer says, neither is considered an owner regarding the law of 24 hours - not Shimon, for Tavi is not by Shimon, and not Reuven, because Tavi is not Reuven's property.
(a) (Mishnah): One who was Toke'ah a man (hit him near the ear; others explain, blew a shofar in his ear) pays 1 Sela;1. R. Yosi ha'Gelili says, he pays a Maneh.(b) One who slaps a man on the jaw pays 200 Zuz; if he slapped with the back of the hand, 400.
3) MAY A WITNESS BE A JUDGE?1. The rule is, the payment is according to how distinguished he is.(d) There was a case in which a man uncovered a woman's head in the market; R. Akiva obligated him to pay 400. R. Akiva agreed to give the man time to pay.
(a) Question: Does R. Akiva really holds that a witness cannot be a judge?Next daf1. (Beraisa - Shimon ha'Temani): "When a man will hit his fellow man with a rock or his fist" - just as the judges and witnesses can see his fist (whether it is fitting to cause the damage that resulted), also anything used to hit, the judges and witnesses must see it;(b) Answer: R. Akiva holds that they may not judge - he spoke according to Shimon ha'Temani's opinion, who holds that they may judge.i. This excludes the case when only the witnesses saw the object he hit him with (it was lost before the trial).2. R. Akiva: Did he hit him in front of Beis Din, that they saw how many times he hit him, and which limb he hit, the thigh or heart?! If he pushed him off a roof - must Beis Din go see the roof, or must we bring the house to Beis Din?! If the house fell, must we rebuild it?!i. Rather, we learn as follows: just as the witnesses can see his fist, also anything used to hit, the witnesses must see it - to exclude if witnesses never saw the rock with which he hit him.3. Summation of question: R. Akiva said, 'Did he hit him in front of Beis Din...' - implying, had he hit him in front of Beis Din, even though Beis Din (saw and) are witnesses, they may judge the case!