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Previous daf Yevamos 54
YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 1] NISKA - struck
2) [line 3] ARBA'AH DEVARIM (CHOVEL)
(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.
(b) The first four of the above-mentioned payments apply even if the person
caused the injury unintentionally (as in the case of Niska in our Gemara).
Boshes only applies if the injury was inflicted intentionally.
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
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. The
shame caused *by* an undignified person is greater and so is shame caused
*to* a dignified person (Bava Kama 8:1)
3) [line 26] B'MISNAMNEM - while he was dozing (he *does* acquire the
4a) [line 27] NIM V'LO NIM - dozing, but not dozing
b) [line 27] TIR V'LO TIR - awake, but not awake
5) [line 27] D'KARU LEI V'ANI - they call him and he answers
6) [line 28] V'LO YADA L'AHADUREI SEVARA - but he is unable to answer a
question that requires contemplative thought
7) [line 28] V'CHI MADKERU LEI, MIDKAR - and when they remind him [about what
he heard], he remembers
8) [line 34] L'HATI'ACH BA'KOSEL - to discharge semen into a wall, i.e. in
vain, without intent for relations
9) [line 37] "V'ISH ASHER YISHKAV ES ISHAH DAVAH..." - "And if a man shall
lie with a Nidah, and shall uncover her nakedness; he has made naked her
fountain..." (Vayikra 20:18) - The word He'erah (to make naked) is used to
prove that there is a Chiyuv for Ha'ara'ah alone.
10) [line 39] METAM'AH ES BO'ALAH (BO'EL NIDAH)
A man who has relations with a Nidah becomes Tamei for seven days, like the
Nidah herself. His laws of Tum'ah, however, are less stringent. The objects
he touches, as well as *Tachtono*, the objects underneath him, have the same
status as the objects above a Nidah, namely, Rishon l'Tum'ah, as it states in
Vayikra 15:24 (see Nidah 33a, and Charts to Nidah 33:8b). After seven days,
he immerses in a Mikvah during the day to complete his purification process.
11) [line 42] SHE'KEN B'YADO L'RABOS - he [can marry many women and] is able
to multiply [the number of women who are forbidden to his brothers because of
12) [line 42] KI ALFA - around a thousand
13) [line 45] ISUR HA'BA ME'ELAV - a prohibition that comes on its own (and
not through marriage)
14) [line 46] MISHUM SHE'ER - because of a blood relation
16) [line 22] ZACHUR - a male
17) [line 28] "ERVAS ACHOS AVICHA LO SEGALEH..." - "You shall not uncover the
nakedness of your father's sister; she is your father's blood relation."
18) [line 31] O KALECH L'DERECH ZU - or perhaps turn this way, i.e. argue the
19) [line 38] YESH LAH CHAYIS - she is related to her nephew through his
father and is part of his father's family (according to the Torah, one's
lineage follows the line of the father, and the father's family is called
"Mishpachto" -- one's true family)
20) [line 39] SHE'KEN VADA'IS - she is definite[ly related to her nephew,
since she is the sister of his mother. The possibility exists that he is the
son of another man, other than the man who is thought to be his father.]