Talmud for Bava Kamma 8:1

והאש לא תנה. א"ר ירמיה האש להכשר נזקיו. אמר ר' יוסי ואין כיני האש להכשר נזקיו מקבל עליו ההתרייה בדעת זו ולוקה. מאי כדון. האש להכשר נזקיו מקבל עליו נזק צער ריפוי שבת ובושת. הכשרתי במקצת נזקו כהכשר כל נזקו. זה הבור דתני חפר בור תשעה טפחים ובא אחר ועמק בו טפח האחרון חייב. רבי אומר אחר האחרון למיתה ואחר הראשון לנזקין. א"ר יצחק כיני מתניתא אחר אחרון למיתה ואחר שניהן לנזקין. חפר בו עשרה טפחים ובא אחר וסיידו וכיירו שניהן חייבין. מפני שסיידו וכיירו יהא חייב. בשאר לו סוד את הבית הזה וקנה אותו. דמר ר' אמי בשם רבי לעזר שמירת נזקין כשמירת קניין א"ר סימון תיפתר בחופר בחולות. דתני חפר זה עשרה וזה עשרה זה עשרים וזה עשרים זה מאה וזה מאה כולהן חייבין. כמה שיעורן להמית י"ט ולהזיק כל שהוא סומכוס אומר

Jerusalem Talmud Ketubot

So far payments that are consequences of sexual relations⁵Since biblical law allows a father to marry off his daughter and to pocket the money given for her preliminary marriage, and explicitly states that the father receives the fine imposed on the rapist, it is natural that the father should receive all benefits accruing to him from the fact that she is his underage female child. But since the text nowhere gives monetary rights deriving from male children to the father, the question is who receives payments which do not depend on the sex of the child. The Babli, Baba Qama 87a/b, states flatly that the father has no claims to sums due under laws which are independent of the sex of the injured party.. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs⁶Mishnah Baba Qama 8:1 states that the person causing an injury is liable to pay for diminution of values (permament reduction of earning power), suffering, medical costs, lost earnings (earnings lost while disabled in treatment), and shame.? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately⁷As always, “son” or “daughter” means underage child. In the Babli, Baba Qama 87b, and the Tosephta, Baba Qama 9:8, the payment due the son is given in the form of a capital value which is transferred to the son on his reaching majority. Everybody agrees that the father has no claim to any sum due to his son.; those for the daughter shall be held as property value^8,In the baraitot of Babli and Tosephta: They belong to the father. This is then explained away as referring only to lost earnings since in the Babli everybody holds that all earnings of an underage daughter belong to the father.⁹In the opinion of R. David Fraenckel, the father collects the yield of the capital reserved for the daughter until she reaches adulthood and in this the baraita supports R. Johanan.. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value¹⁰Since he collects payments for shame and diminution of value from the rapist, he collects all payments of this kind due to his underage daughter. If he is the guilty party, he is free since he would have to pay to himself. In Babli and Tosephta, he is never required to pay anything to his own underage children of either sex.
It is clear that in the case of the father attacking his own daughter, “diminution of value” must refer to damage done to her physical appearance, not defloration. Since sexual relations with one’s daughter are a capital crime, no payment can be demanded (cf. Note 111, Chapter 3:1 Note 30, Terumot 7:1 Note 5 ff.). If others injure her, diminution of values belong to her, the rest shall be transformed into property value¹¹In Tosephta Baba Qama 9:9 and the baraita in Babli Baba Qama 87b nothing is awarded to the father. This is then explained away as referring to children who no longer live at home. In the Yerushalmi, payments for shame and diminution of value belong to the father; of the others he collects the yield of the capital until the daughter reaches adulthood. The treatments in the two Talmudim have very few points in common even though they are based on almost identical tannaitic texts., but payments for shame and diminution of value belong to her father.

Ask RabbiBookmarkShareCopy

Jerusalem Talmud Bava Kamma

Ask RabbiBookmarkShareCopy

Jerusalem Talmud Sheviit

MISHNAH: When may one not cut down a tree in the Sabbatical year¹⁰⁹One may not cut down a fruit tree as long as it is valuable (Deut. 20:19). This is discussed at the end of this Mishnah. In the Sabbatical year, when the fruit is public property, one may not cut down a tree once it has started to bear fruit until all fruit has been harvested from it.? The House of Shammai say, every tree when it starts¹¹⁰According to Maimonides, when its fruit has started to develop; according to Rashi (Pesaḥim 52b/53a) when it started to grow new leaves. “Forming chains” refers to developing clusters of pods containing seeds.. But the House of Hillel say, carob trees when they form clusters, vines when they produce fluid¹¹¹Cf. Arabic جرع “to drink”., olive trees when they have flower buds, all other trees when they start. Any tree may be cut down¹¹²After the fruits have been harvested from the tree. once it[s fruit] has reached the stage of tithes. How much should be on an olive tree so one should not cut it down? A quarter [qab]. Rabban Simeon ben Gamliel says, all according to the olive tree¹¹³If the value of the olive wood is greater than the value of the olive harvest from the tree..

Ask RabbiBookmarkShareCopy

Full Chapter