Bava Kamma 85A

Study Bava Kamma folio 85A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

R' Yehuda HaNasi and ben Azzai disagree over whether the hermeneutical principle of a generalization and a detail is applied with regard to a generalization and a detail that are distant from each other. When a generalization is followed by a detail, the halakha applies only in the case specified i

R' Yehuda HaNasi holds that since there is an intervening phrase between the generalization and the detail, one does not derive the halakha from the verse concerning burns and bruises by employing the principle of a generalization and a detail. Therefore, the one who caused the injury is liable to

§ The Mishnah teaches: How is the payment for pain assessed? The court evaluates how much money a person with a similar threshold for pain as the victim is willing to take in order to be made to suffer in this way. The one who burned the victim must then pay this amount. The Talmud asks: How do we a

Shmuel’s father says: The court evaluates how much money a person is willing to take to allow someone to sever his hand. The Talmud objects: Do you really mean to sever his hand? Wouldn’t this evaluation be not just for pain, but to include all 5 types of indemnity? Moreover, are we dealing with

The Talmud answers: Rather, the court evaluates how much a person is willing to take to allow someone to sever his hand, which is already condemned by a written decree from the government to be severed, changing the decree from having it severed by means of a drug, which is not accompanied by pain