Bava Kamma - Daf 91
- יש אומד לנזקין
The Gemara asks: יש אומד לנזקין – Is an assessment made for damages, to determine if the weapon was capable of inflicting them, או אין אומד לנזקין – or is an assessment not made for damages? Is an assessment only made for killing, where some weapons can kill but others cannot, as opposed to damages, which can always be attributed to whatever weapon was used, or is an assessment made for damages as well? A Baraisa states that for all five payments of injury inflicted by a person, אומדין אותו ונותנין לו מיד – we assess [the victim] and give him [the money] immediately. The Baraisa adds that if the recovery took more or less time than originally estimated, the payment does not change. This proves that an assessment is made for damages!? The Gemara answers: למימד גברא – to assess the person to estimate his recovery time is certainly necessary, to determine the payment amount, but the question remains למימד חפצא – whether to assess the instrument of attack. A proof is brought from Shimon HaTimni’s statement that the weapon of injury must be assessed by Beis Din (and even Rebbe Akiva requires it to be assessed by the witnesses).
- Machlokes if one is permitted to wound himself
In the Mishnah on Daf 90b, Rebbe Akiva said that one is not permitted to injure himself (and even if he does so, that does not exempt someone else from paying for injuring him). This is contradicted by a Baraisa, in which Rebbe Akiva said: אדם רשאי לחבל בעצמו – a person is permitted to wound himself!? Rava initially answers that Rebbe Akiva in the Mishnah was referring to injury, which is forbidden, and in the Baraisa was referring to humiliating oneself, which is permitted. However, a Baraisa teaches that one who violates a שבועה to injure himself must bring a korban, because it is an "optional" matter (i.e., permitted). Therefore, the Gemara concedes it is a machlokes Tannaim. The Tanna who forbids harming oneself is ultimately identified as Rebbe Elazar HaKappar. The Torah describes a nazir as "חטא על הנפש" – having sinned against the soul, which he explains is because שציער עצמו מן היין – he deprived himself of wine. He adds that if one who only deprived himself of wine is called a “sinner,” then המצער עצמו מכל דבר על אחת כמה וכמה – one who deprives himself of all things (i.e., he fasts), all the more so!
- The prohibition to cut a fruit tree
Rav said: דיקלא דטען קבא אסור למקצציה – A palm tree that bears a kav of dates is forbidden to cut down. This is challenged from a Mishnah, which states that an olive tree which produces a quarter of a kav may not be cut down, and the Gemara answers: שאני זיתים דחשיבי – olive trees are different, because they are valuable. Rebbe Chanina said that his son Shichvas died prematurely only because he cut down a fig tree while it was producing figs. Ravina says: ואם היה מעולה בדמים מותר – if [its wood] is of high value (i.e., greater than its fruit), it is permitted to cut it down. This is supported by a Baraisa, which darshens a passuk that even a fruit tree may be cut down for use when conquering an enemy city, and the Torah writes the same about a nonfood tree. Since this seems superfluous, it teaches: להקדים סרק למאכל – to give precedence to the nonfood tree over the food tree (to use the nonfood tree where only one is needed). The word "רק" – only teaches that this is not so where the wood is of greater value than the fruit.
