Baba Kama 8:1-2
Baba Kama 8:1
If one person injures another, he is responsible for five types of payment: damages, pain, doctor bills, lost work and embarrassment. Damages are as follows: if one person blinded another, severed his hand or broke his leg, we evaluate how much the injured party would sell for in the market before and after the injury (and the guilty party pays the difference). Pain is as follows: if someone burned another person with a heated spit or nail, even on a fingernail, which is a place that doesn’t make a wound, we evaluate how much a person would accept to endure such pain. Doctor bills is as follows: if one person injures another, the guilty party must pay for the injured party’s recuperation. If blisters formed as a result of the injury, he must pay for them to be healed but not if they formed for some other reason. If the injury recurs several times, he must pay to have it healed but once it is completely healed, he is no longer responsible should it return. Lost work is as follows: since he has already paid for the loss of the hand or foot, the guilty party pays the injured party as if he were the manager of a cucumber farm (which is work that even someone missing a limb can do). Embarrassment is as follows: everything is according to the status of the guilty and injured parties. If someone insults a person who is naked, blind or sleeping, he must pay; if a sleeping person embarrassed someone, he is exempt from paying. If a person fell off of a roof and someone caused him injury and embarrassment, he is liable for the injury and exempt for the embarrassment. This is based on Deuteronomy 25:11, in which a woman grabs a man by the genitals (and she is liable for the embarrassment). We see that one is only liable for embarrassment if he acted with intent.
Baba Kama 8:2
In this matter, the law for a human being is more stringent than that of an ox. This is because a human being pays for damages, pain, doctor bills, lost work and embarrassment, plus additional compensation in the event of a miscarriage. An ox only pays for damages and is exempt from additional compensation in the event of a miscarriage.