Wednesday 31 August 2016

Bava Kamma 92: Damages do not Assume Forgiveness: Sincere Apology and Acceptance is Required

While discussing permission to cut down palm trees to save grape vines, we learn about heart of palm.  I had no idea that the heart of palm actually originated as the core of the highest part of  a palm tree.  Now I see this food eaten on holidays as much more of a delicacy!

A new Mishna teaches that a person is not forgiven for causing injury to another until he asks and receives forgiveness for causing that injury.  Proof is found in the story of Abimelech (Genesis 20-7; 20:17) where the crime of taking Sarah into his home is forgiven when Avraham heals the family.

Further, if a person injures another (the examples are "Blind my eye, cut off my hand, break my leg", they are liable for all five indemnities.  This is true even if he is told to do so.  However, if one is instructed to "tear my garment, break my jug", ie. to damage one's own property, he is not liable for damages.  If he did these actions because he accepted the condition that he is exempt from punishment, then he is exempt.  However, if one is told to damage a third person's property, he is liable for damages even if he was told that he would be exempt.

The Gemara begins by considering Abimelech's role in this story about forgiveness. They wonder what Avraham was healing in them.  For some reason they decide that it could be bile, interpreted by the rabbis as digestive issues.  They name the different sphincters that might have been cured for women and men.  It is said that even the hens were not laying eggs at this time.  It serves the story well to have fertility become an issue in Abimelech's home.  If that were the case, Sarah did not consummate her marriage to the ruler.

The rabbis then speak of others who might be less than perfect.  Perhaps those who were called up by Joseph to meet Pharaoh were in fact those who were weaker.  Or perhaps not.  The rabbis also speak about Moses and the bones of Judah.  The connections didn't make sense to me, but I hope to piece this stream of consciousness together tomorrow.

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