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1) LAWS THAT DO NOT APPLY TO A BLIND PERSON

(a) (Beraisa #2 - R. Yehudah): A blind person does not pay for embarrassment; also, he is exempt from all monetary laws of the Torah.
(b) Question: What is his reason?
(c) Answer: "The congregation will judge between the murderer and the avenger (the victim's relative) according to these monetary laws" - only those who are liable for murder are liable for monetary laws.
(d) (Beraisa #3 - R. Yehudah): A blind person does not pay for embarrassment; also, he is exempt from all Mitzvos of the Torah.
(e) Question: What is his reason?
(f) Answer: "These are the Mitzvos, statutes and monetary laws" - only those who are liable for monetary laws are commanded about Mitzvos and statutes.
(g) Rav Yosef (who was blind): At first, I hoped to hear that the law is as R. Yehudah (that a blind person is exempt from Mitzvos).

1. Question: Why?
2. Answer: He would get a greater reward for doing Mitzvos, even though he is exempt.

(h) Rav Yosef: After hearing R. Chanina's teaching, I hope to hear that the law is not as R. Yehudah.

1. (R. Chanina): One who is commanded and fulfills gets a greater reward than one who is not commanded and fulfills.
2. If the law is not as R. Yehudah, Rav Yosef would get a greater reward for the Mitzvos, because he is commanded.

(a) (Mishnah): The Torah was stringent by a man that damages, to obligate him to pay Nezek, pain, medical expenses, unemployment, and embarrassment, and compensation for a fetus;

1. An ox only pays Nezek, it is exempt from compensation for a fetus.

(b) One who strikes his father or mother and does not make a wound, or one who strikes a person on Yom Kipur is liable for all damages.
(c) One who strikes a Hebrew slave is liable for all damages, except for unemployment if he struck his own slave;
(d) One who strikes another's Kana'ani slave is liable for all damages;

1. R. Yehudah says, embarrassment does not apply to slaves.

(e) One loses from encounters with a deaf person, lunatic or child: one who damages any of them is liable, if any of them damaged someone, he is exempt.
(f) One loses from encounters with a slave or (married) woman: one who damages either of them is liable, if either of them damaged someone, he or she cannot pay now;

1. If the slave is freed or the woman is divorced, then he or she must pay.

(g) One who strikes his father or mother and makes a wound, or one who strikes a person on Shabbos is exempt from all damages because he is liable to die.
(h) One who strikes his Kana'ani slave is exempt from all damages.

(a) (Gemara - R. Elazar) Question: Reuven hit Shimon's daughter (a minor) - does he pay her or Shimon?

1. The Torah gave Shevach N'urim (money which a girl earns or receives throughout the period that she is a Ketanah or Na'arah, which includes Kidushin money) to the father - perhaps this also applies to damages;

i. Question: Why should this be?
ii. Answer: Her value decreased.

2. Or - perhaps the Shevach N'urim that the Torah gave to the father only includes Kidushin (or related) money, for a repulsive person would pay Shimon money to let him marry Shimon's daughter. Since, however, Shimon has no jurisdiction over wounding his own daughter, money paid for damages are not included!

(b) Answer (Rav): The Torah only gave to the father Kidushin money.
(c) Question (Mishnah): One who strikes a Hebrew slave is liable for all damages, except for unemployment if he struck his own slave. (Since a girl's labor belongs to her father, the law should be the same!)
(d) Answer (Abaye): Rav admits that the father receives the unemployment, since he owns her labor until Bagrus.
(e) Question (Beraisa #1): Reuven hit his son: if the son is an adult, Reuven pays him immediately; if the son is a minor, he buys something lasting

1. If Reuven hit his daughter (a minor), he is exempt; if Shimon hit Reuven's daughter, he pays Reuven.

(f) Answer: The Beraisa speaks of the unemployment.

(a) (Beraisa #1): Reuven hit his son (an adult) - he pays immediately.
(b) Contradiction (Beraisa #2): Reuven hit Shimon's sons or daughters - if they are adults, he pays them immediately; if they are minors, he buys something lasting

1. If Reuven hit his own sons or daughters, he is exempt.

(c) Answer: If Reuven feeds his children, he is exempt (if he hits them); if they feed themselves, he is liable.
(d) Question: Beraisa #1 cannot be when Reuven's children feed themselves!

1. (End of Beraisa #1): If he hit his daughter (a minor), he is exempt; moreover, if Shimon hit Reuven's daughter, he pays Reuven.
2. If she feeds herself, she must receive the money!
3. Even according to the opinion that a master can tell his slave 'Work for me, I will not feed you' - that is only by a Kana'ani slave;

i. The master can make him work all day; the slave can pursue his food at night.

4. A master cannot tell his Hebrew slave 'Work for me, I will not feed you', for it says "It is good for him with you" - he is with you regarding food and drink (he eats no worse than his master)!
5. All the more so, a man cannot tell his daughter 'Work for me, I will not feed you'!

(e) Answer: As Rabah brei d'Rav Ula taught (elsewhere), (the father gets) the money above what she needs to eat.
(f) Question: Beraisa #2 cannot be when Reuven's feeds his children - it says, if Reuven hit Shimon's sons or daughters - if they are adults, he pays them immediately; if they are minors, he buys something lasting;

1. Shimon should receive the money (since he is feeding them)!

(g) Answer: A man who feeds his children is insistent not to lose money (e.g. if he hits them, he should not pay); he does not mind if they get money from another source (e.g. when someone else hit them).
(h) Question: But he is insistent to receive lost items that they find!
(i) Clarification of Answer: He is insistent to get money they get from another source if it came without bodily pain to them; he is not insistent to get money which came through bodily pain.
(j) Question: But we find that he is insistent to receive money they get from another source that came through bodily pain!

1. (Beraisa #1: Moreover, if Shimon hit Reuven's daughter, he pays Reuven.

(k) Answer: That refers to an exacting father - he does not feed his children - he is insistent to get money they get from another source;

1. In Beraisa #2, the father feeds his children - he is insistent not to pay them, but he is not insistent to get money they get from another source.

(l) Question: What is the 'something lasting'?
(m) Answer #1 (Rav Chisda): A Sefer Torah.
(n) Answer #2 (Rabah bar Rav Huna): A tree from which they eat dates.
(o) (Reish Lakish): The Torah only gave to the father Shevach Ne'urim money (as Rav holds).
(p) (R. Yochanan): Even if someone bruised her, her father gets the money.
(q) Question: Can that really be?! Even R. Elazar only asked about a blow that decreases her value, not a bruise that does not decrease her value!
(r) Answer (R. Yosi bar Chanina): R. Yochanan refers to a bruise on the face which decreases her value.