12b
{Bava Kamma 27b}
אימא לי איזה גופיה דעובדא היכי הוהאמר ליה דההיא גורגותא דבי תרי דכל יומא הוה דלי חד מינייהו
יומא חד אזל חד מינייהו וקא דלי ביומא דחבריה אמר ליה יומא דילי הוא לא אשגח ביה שקל פנדא דמרא מחייה
אמר ליה למחייה במאה פנדאי דמרא אפילו למ"ד לא עביד איניש דינא לנפשיה במקום פסידא עביד איניש דינא לנפשיה
דאיתמר רב יהודה אמר לא עביד איניש דינא לנפשיה רב נחמן אמר עביד איניש דינא לנפשיה
היכא דאיכא פסידא כולי עלמא לא פליגי דעביד איניש דינא לנפשיה
כי פליגי היכא דליכא פסידא רב יהודה אמר לא עביד איניש דינא לנפשיה כיון דליכא פסידא ליזיל לקמי דיינא
רב נחמן אמר עביד איניש דינא לנפשיה דכיון דדינא קעביד אמר לא מצינא דאיטרח:
"Tell me the details of the matter, how it was."
He said to him that there was a certain well belonging to two people, such that for each day, one of them drew {water} from it {and not the other}. One day, one of them went and drew during the days of his friend. He said to him: It is my day. He paid no heed to him. He took the blade of a hoe and hit him with it.
He said to him: Even had he struck him 100 times with the blade of a hoe. Even according to the one who maintains that a person may not take the law into his own hands, in a case of {irreparable} loss, a man may take the law into his own hands.
For it was stated {by Amoraim}: Rav Yehuda said: a man may not take the law into his own hands. Rav Nachman said: A man may take the law into his own hands.
Where there is {irreparable} loss, all agree that a man may take the law into his own hands. Where do they argue? Where there is no {irreparable} loss. Rav Yehuda said: A man may not take the law into his own hands, for since there is no loss, let him go before the judge. Rav Nachman said that a man may take the law into his own hands, for since he is acting in accordance with the law, one can say that he need not bother himself {to go to court}.
He said to him that there was a certain well belonging to two people, such that for each day, one of them drew {water} from it {and not the other}. One day, one of them went and drew during the days of his friend. He said to him: It is my day. He paid no heed to him. He took the blade of a hoe and hit him with it.
He said to him: Even had he struck him 100 times with the blade of a hoe. Even according to the one who maintains that a person may not take the law into his own hands, in a case of {irreparable} loss, a man may take the law into his own hands.
For it was stated {by Amoraim}: Rav Yehuda said: a man may not take the law into his own hands. Rav Nachman said: A man may take the law into his own hands.
Where there is {irreparable} loss, all agree that a man may take the law into his own hands. Where do they argue? Where there is no {irreparable} loss. Rav Yehuda said: A man may not take the law into his own hands, for since there is no loss, let him go before the judge. Rav Nachman said that a man may take the law into his own hands, for since he is acting in accordance with the law, one can say that he need not bother himself {to go to court}.
והלכה כרב נחמן דקי"ל הלכה כרב נחמן בדיני:
And the halacha is like Rav Nachman, for we establish that the law is like Rav Nachman in {monetary} laws.
האי דקאמר לרכובה שלש וכו' קמפרשי רבנן דהני דמי צער בלחוד הוא לבד מדמי בושת ורבנן אחריני אמרי האי דמי הכל הוא ומסייעי' להאי מימרא ממעשה חנן בישא דלא חייביה אלא פלגא דזוזא דתנן התוקע לחבירו נותן לו סלע דהוא פלגא דזוזא ואנן הכי סבירא לן:
This that it stated "for kneeing, three, etc.," the sages explained it that this is only the money for the pain {tzaar}, to the exclusion of the money for embarrassment. And other sages say that this is the full payment for everything, and they support this statement from the incident of Chanan Bisha {who was tokea to his friend}, that they only declared him liable for half a zuz, for they learnt {in a Mishna}: If one gives a blow to his friend {Rashi renders this either as a blow from his mouth, or else from his hand}, he gives him a sela, which is half a zuz. And so do we maintain.
{Bava Kamma 28b}
נשברה כדו ברה"ר וכו'{Bava Kamma 28b}
מתניתין מני רבי מאיר היא דסבר נתקל פושע הוא אבל חכמים אומרים נתקל אונס הוא ולפיכך פטור
דתניא נשברה כדו ולא סילקה נפלה גמלו ולא העמידה ר"מ מחייב [בהזיקן] וחכמים אומרים פטור מדיני אדם וחייב בדיני שמים ומודים חכמים לר' מאיר באבנו סכינו ומשאו שהניחן [בראש הגג] ונפלו ברוח מצויה והזיקו שחייב ומודה ר"מ לחכמים במעלה קנקנים לגג על מנת לנגבן ונפלו ברוח שאינה מצויה והזיקו שהוא פטור
"if his pitcher broke in the public domain":
Who is the author of our Mishna? It is Rabbi Meir, who maintains that stumbling constitutes carelessness, but the Sages say that stumbling is accident, and he is therefore exempt.
For they learnt {in a brayta}: If his pitcher broke and he did not remove the potsherds; his camel fell down and he did not raise it, Rabbi Meir makes him liable [for their damage], while the Sages say that
{Bava Kamma 29a}
he is exempt in the laws of man and liable in the laws of Heaven. And the Sages admit to Rabbi Meir by his stone, his knife, or his burnden which he placed [on the top of a roof] and it fell in a common wind and damaged, that he is liable. And Rabbi Meir admits to the Sages that regarding bottles that were placed upon the top of the roof for the purpose of getting dry and fell down because of a wind of unusual occurrence and damaged, that he is exempt.
Who is the author of our Mishna? It is Rabbi Meir, who maintains that stumbling constitutes carelessness, but the Sages say that stumbling is accident, and he is therefore exempt.
For they learnt {in a brayta}: If his pitcher broke and he did not remove the potsherds; his camel fell down and he did not raise it, Rabbi Meir makes him liable [for their damage], while the Sages say that
{Bava Kamma 29a}
he is exempt in the laws of man and liable in the laws of Heaven. And the Sages admit to Rabbi Meir by his stone, his knife, or his burnden which he placed [on the top of a roof] and it fell in a common wind and damaged, that he is liable. And Rabbi Meir admits to the Sages that regarding bottles that were placed upon the top of the roof for the purpose of getting dry and fell down because of a wind of unusual occurrence and damaged, that he is exempt.
Posts
No comments:
Post a Comment