Today's Rambam Sheet

Yamamai Limmudei Kodesh Bureau

28 Cheshvan 5766

Rambam Chovel Umazik Perek 1 - Laws if injuring another person

1. If someone injures another person, there are five things that he must for. They are: damage, pain, healing expenses, unemployment and embarrassment.

2. Damages are assessed in the following manner: We evaluate the person, how much he would have been worth on the slave market before the damage (his arm was chopped off) and how much he is after the damage (after his arm is chopped off). The one who did the damage (Yankel) must pay the difference.

3. There is a פסוק that to teach us each of the things mentioned in #1. I will only mention the last one, embarrassment. The פםוק says “ושלחה ידה והחזקה במבשיו” which means that “she stretched out her hand and grabbed his (censored)”. From the words “she stretched out her hand” we learn that it must be intentional. If Yankel embarrassed me accidentally, he is פטור.

4. A person is always responsible for his actions whether the thing he did was intentionally or accidentally, whether he was awake or sleeping or drunk. He must pay all five things for any injuries that he causes. So if two people went to sleep in the same bed, and one injured the other person, he must pay for the first four things (embarrassment he is off for since it was by accident). However, if one person went to bed and while he was sleeping another person went to sleep near him, the first guy is פטור for any injuries that he causes and the second guy is חייב for all injuries that he causes.

5. If someone causes the injury on his own, he is חייב to pay the five things. Ex. If a person was on a roof and he was blown off by a regular wind, must pay the four things. However, if it the damage was indirect, (ex. An irregularly strong wind knocks him off the roof or he was sitting with stones on his lap and when he stands up, they fall down and hurt someone) he would only be חייב for the damages and he would be פטור to pay the other four things.

6. If two people injure one person, they are both responsible to make sure that the five things get paid. However, if one of them did it unintentionally, he would be פטור and the other guy would pay for everything himself.

7. It is irrelevant where the damages occurred. Even if someone barges into your room and is really annoying, you may ask him to leave, but if you hurt him while sending doing so, you will be paying for it. However, if he bumps into you and gets injured, you will not have to pay him anything, but if you get injured during the bumping, he will have to pay you.

8. When assessing injuries, we asses the object that caused the damage. If it was an item that should not have caused the damage that it did (ex. A splinter or pebble caused a major wound), the person will be פטור. Therefore, the witnesses must bring the object that injured to בית דין. If the object is not available, and the injured person claims that it was a small object and the guy who caused the damage claims that it was a small thing, the guy who got damaged must swear that it was big and he gets paid. The only thing that size is irrelevant for is embarrassment since even if you spit in someone’s face (there aren’t any of the other four things) he must still pay for the embarrassment. Another exception is that metal is always assumed to be able to do unlimited damage, even a needle can kill a person.

9. The person had to have aimed at the receiver. If the receiver moved into the path of the object after it was thrown, the thrower would be פטור.

Questions

A) Circle any things that you are פטור if done accidentally: damage; pain; healing; unemployment; embarrassment.

B) If an unwanted person comes into your room: a)You are stuck with him; b) you can ask him to leave; c) shove him out immediately; d) ask first and if he refuses then shove.

C) What would the הלכה be if you hurt break someone’s arm with a piece of chicken?
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Dedicated to the reincarnation of the beloved white car.
May it survive us.