Talmud Yerushalmi
Yerushalmi Bava Kamma 8:2 ירושלמי בבא קמא ח׳:ב׳
Part of: Chapter 8
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משנה: רִיפּוּי הִכָּהוּ חַיָיב לְרַפּוֹתוֹ. עָלוּ בוֹ צְמָחִים אִם מַחֲמַת הַמַּכָּה חַיָיב שֶׁלֹּא מַחֲמַת הַמַּכָּה פָּטוּר. חָיְיתָה וְנִסְתְּרָה חָיְיתָה וְנִסְתְּרָה חַיָיב לְרַפּוֹתוֹ. חָיְיתָה כָּל צָרְכָּהּ אֵינוֹ חַיָיב לְרַפּוֹתוֹ.
MISHNAH: Medical costs. If he hit a person, he has to pay that person’s medical costs. In case a growth on that person’s body developed, if it was a consequence of the injury, he has to pay medical costs. If it started to heal but regressed several times, he has to pay medical costs. After it was healed completely he no longer has to pay medical costs.
MISHNAH: Medical costs. If he hit a person, he has to pay that person’s medical costs. In case a growth on that person’s body developed, if it was a consequence of the injury, he has to pay medical costs. If it started to heal but regressed several times, he has to pay medical costs. After it was healed completely he no longer has to pay medical costs.
הלכה: רִיפּוּי הִכָּהוּ חַיָיב לְרַפּוֹתוֹ כול׳. רִבִּי יִרְמְיָה בָעֵי. עָלוּ בוֹ צְמָחִין סְבִיבוֹת הַמַּכָּה וְנִסְתְּרָה מַחֲמַת הַמַּכָּה מָהוּ. מִן מַה דִכְתִיב וְרַפֹּא יְרַפֵּא. שֶׁאִם עָבַר עַל דְּבַר רוֹפֵא [פָּטוּר]. תַּנֵּי חוֹרִין וְרַפֹּא יְרַפֵּא. שֶׁאִם עָלַת גַּרְגּוּתְנִי חַיָיב לְרַפּוֹתוֹ. תַּנֵּי. רִבִּי יוֹסֵי בֵּירִבִּי יוּדָן אוֹמֵר. עָלוּ בוֹ צְמָחִים סְבִיבוֹת הַמַּכָּה אַף עַל פִּי שֶׁנִּסְתְּרָה [מַחֲמַת] הַמַּכָּה חַיָיב לְרַפּוֹתוֹ וְאֵין חַיָיב לִיתֵּן לוֹ דְּמֵי שִׁבְתּוֹ. רִבִּי שִׁמְעוֹן אוֹמֵר. חִידּוּשׁ חִידֵּשׁ הַכָּתוּב בַּפָּרָשָׁה הַזֹּאת שֶׁיִּתֵּן לוֹ שֶׁבֶת וְרִיפּוּי. רַק שִׁבְתּוֹ יִתֵּן וְרַפֹּא יְרַפֵּא.
HALAKHAH: “Medical costs. If he hit a person, he has to pay that person’s medical costs,” etc. Rebbi Jeremiah asked: If there was a growth around the wound and complications ensued because of the wound, what is the rule24Is the attacker liable for delayed consequences of his attack?? Since it is written1Payment of medical costs and replacement of lost earnings are biblical obligations, Ex. 21:19.: “And healing he shall heal,” if [the patient] did not follow the doctor’s instructions, he is [not liable]25For continued medical care. Babli 85a, Tosephta 9:4.. It was stated in another baraita: If [the wound] was covered with scab, he must pay for medical treatment. It was stated25For continued medical care. Babli 85a, Tosephta 9:4.: “Rebbi Yose ben Rebbi Jehudah26In the parallel texts, this is R. Jehudah’s own opinion. says, if there was a growth around the wound, even if complications ensued because of the wound, he must pay for medical treatment but he is not liable to pay for his loss of earnings. Rebbi Simeon27In the Babli, this is quoted as “the Sages’ ” opinion. Whenever one is obligated to pay for medical treatment, he automatically is obligated to pay for lost earnings. This answers R. Jeremiah’s question in full. says, in this paragraph1Payment of medical costs and replacement of lost earnings are biblical obligations, Ex. 21:19. Scripture introduced a novelty stating that he has to pay for loss of earnings together with medical treatment: ‘Only his loss of earnings he shall compensate and healing he shall heal.’ ”
HALAKHAH: “Medical costs. If he hit a person, he has to pay that person’s medical costs,” etc. Rebbi Jeremiah asked: If there was a growth around the wound and complications ensued because of the wound, what is the rule24Is the attacker liable for delayed consequences of his attack?? Since it is written1Payment of medical costs and replacement of lost earnings are biblical obligations, Ex. 21:19.: “And healing he shall heal,” if [the patient] did not follow the doctor’s instructions, he is [not liable]25For continued medical care. Babli 85a, Tosephta 9:4.. It was stated in another baraita: If [the wound] was covered with scab, he must pay for medical treatment. It was stated25For continued medical care. Babli 85a, Tosephta 9:4.: “Rebbi Yose ben Rebbi Jehudah26In the parallel texts, this is R. Jehudah’s own opinion. says, if there was a growth around the wound, even if complications ensued because of the wound, he must pay for medical treatment but he is not liable to pay for his loss of earnings. Rebbi Simeon27In the Babli, this is quoted as “the Sages’ ” opinion. Whenever one is obligated to pay for medical treatment, he automatically is obligated to pay for lost earnings. This answers R. Jeremiah’s question in full. says, in this paragraph1Payment of medical costs and replacement of lost earnings are biblical obligations, Ex. 21:19. Scripture introduced a novelty stating that he has to pay for loss of earnings together with medical treatment: ‘Only his loss of earnings he shall compensate and healing he shall heal.’ ”