THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean

Lesson # 323 • Assaults (part 1)

Reuven transgresses a Torah commandment when he assaults Shimon. This is derived as follows: Regarding the person who is to be punished by Beth Din by lashing, the Torah states, “Forty shall he strike him, he shall not add” (D'varim 25:3). If a person who is being punished cannot be struck in excess of the prescribed amount of lashes, how much more so does the verse apply to the person who strikes an innocent person. (See Maimonides Sefer haMitzvot, negative commandment 300.)

It is forbidden for a Jew to wound himself or another Jew. I would think that because of the laws of living in tranquility with our neighbors, this prohibition would extend to not striking non-Jews. The prohibition not to strike another person is true not only if the assault results in Reuven wounding Shimon, but even if there is no resulting wound. It is forbidden for Reuven to even lift up a hand against Shimon. If he does, he is deemed wicked, even if he does not actually strike him.

If a person strikes his wife his punishment in the eyes of Heaven is greater than when he strikes Shimon, for a person is commanded to honor his wife. If Reuven strikes his wife, in addition to making all of the payments that any other victim would be entitled to, the husband - after one warning- is to be beaten by the officers of the Beth Din and at the request of the wife, Beth Din can order him to divorce his wife. (In a future lesson IY"H we shall discuss if the husband and wife physically beat each other. We shall IY"H also discuss in the future, the situation where Reuven may be guilty of a punishment in addition to the monetary payment to be made.) Ordinarily, if a person is flogged by Beth Din, he does not make a monetary payment; in the case of assault the Torah instructs that he pay the victim instead of being flogged. If Reuven strikes Shimon, but the compensation as determined by Beth Din is less than a peruta (the smallest coin in circulation), there is no compensation to be paid. However, Reuven is to be flogged. Generally, if one transgresses certain types of negative Torah commandments he may be relieved of the punishment of flogging, if the victim can be made whole by the payment of money. The money payment undoes, as it were, the effects of the assault of Reuven on Shimon. Since there is no monetary payment to be made if the amount is less than a peruta, there is no undoing of the initial assault by Reuven on Shimon. Reuven is thus flogged by Beth Din.

Although it is prohibited, Shimon beats himself. Seeing this Reuven beats Shimon. Reuven is liable for the blow.
Reuven throws a stone and Shimon is nowhere to be seen. After the stone leaves Reuven’s hand Shimon puts his head out of a window and the stone strikes Shimon. Reuven has no liability.

We now come to the famous Mishna that almost every child learns in school.

Reuven strikes Shimon. Reuven is liable to Shimon for up to five different categories of payment:

1. permanent injury (to be called injury in these lessons.) This category does not include injury that is not permanent;
2. pain and suffering (to be referred to as pain);
3. medical expenses (to be referred to as healing);
4. loss of wages during the healing period (to be referred to as “loss of income”);
5. humiliation.

There are times when Reuven is liable to Shimon for all five categories, times when he is liable for only four, three or two or one of the categories and times when he is not liable at all.

For example, Reuven inflicts a non– permanent type of injury on Shimon. Reuven need not pay for injury but may be required to pay for up to four of the other categories. Reuven does not have to pay for pain if Shimon, because of a disorder, does not suffer pain. Reuven need not pay for medical expenses if Shimon belongs to a medical plan that does not charge Shimon for healing. Reuven need not pay for loss of income if Shimon is retired and does not lose income because of the injury. Reuven need not pay for humiliation if Reuven did not intend the act that caused the injury. Thus, in many of the cases, some of the categories of payment may be present and other categories not.

Some examples of liability are:

Reuven cuts off Shimon’s hand, foot or even a finger; or Reuven blinds his eye or deprives him of any limb that will not grow again. Reuven must pay for up to all five categories of compensation. The law is the same if Reuven knocks out Shimon’s tooth. Reuven must pay for up to all of the five categories. The reason is that the mouth is certain to be sore for some time. Although the tooth is beyond treatment, the gums require treatment. The law is the same if Reuven tears the skin of Shimon or wounds him so that there is a break in the skin on Shimon and blood flows; he is liable for up to all five categories. The skin may not grow again and leaves a scar.

If Reuven strikes Shimon on his hand so that it swells but will eventually return to its normal size, or to his eye so that it becomes inflamed but will eventually heal, Reuven must pay for up to four categories, namely, pain, healing, loss of income, and humiliation. Reuven does not pay for injury since it is not permanent and when the swelling goes down Shimon will be the same as he was before.

If Reuven strikes Shimon on the head so that it swells but will eventually return to its normal size, Reuven must pay for three categories, namely, pain, healing, and humiliation.

If Reuven strikes Shimon on a spot that is not exposed, such as the knee or back, Shimon does not lose any income and no person witnessed the assault, Reuven must pay for up to two categories, namely pain and healing.
Reuven strikes Shimon with his handkerchief, or with a document, or the like. Reuven must pay only for humiliation, if it is present. There is an opinion that this holds true only if a third party witnesses the assault.

Next lesson will IYH continue with other examples of liability and begin a discussion of appraising the injury.

The subject matter of this lesson is more fully discussed in volume X chapter 420 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il