Yerushalmi Bava Kamma 8:3 ירושלמי בבא קמא ח׳:ג׳

MISHNAH: Loss of earnings. One considers him as if he were a watchman of pumpkins since he already compensated him for the loss of his hand or loss of his foot²⁸Once long-term disability has been compensated for, short term inability to work has to be compensated on the level of his remaining long term earning power.. Embarrassment. Everything depends on the person embarrassing and the one embarrassed²⁹The lower the social standing of the agressor, the more weighty is his insult. The higher the social standing of the victim, the more damaging is the insult.. One who embarrassed a naked person³⁰Who is in an embarrassing situation., or embarrassed a blind person³¹Who cannot see the reaction of others to his embarrassment., or embarrassed a sleeping person³²Who does not notice his embarrassment. is liable, but the sleeper who embarrassed is not liable. If a person fell from a roof and caused damage and embarrassed, he is liable for the damage but not liable for the embarrassment since is was said³³Deut. 25:11.: “She reached out with her hand and grabbed him at his private parts;” one is not liable for embarrassment unless if was intended.

HALAKHAH: “Loss of earnings. One considers him,” etc. Here you say, “one considers him as if he were a watchman of pumpkins.” But there, you say³³Deut. 25:11., “if he was earning a mina per day, he pays him a mina; a tetradrachma, he gives him a tetradrachma.” Rebbi Isaac said, there are two kinds of inability to work. If he hit him on his hand and cut it off, one does not consider him as if he earned a mina a day but one considers him as if he were a lame person watching pumpkins, because he already compensated him for the loss of his hand or loss of his foot. But if he burned him on the palm of his hand and it swelled, on the flat of his head and it swelled, or he put on him snow or cold water at a place which is not visible, then he has to pay his medical expenses³⁴The last sentence is a quote from Halakhah 1 (Note 17). According to the preceding Halakhah, the obligation of paying for medical care implies the obligation to pay for loss of temporary earnings..

³⁵This paragraph is alluded to in the Babli, 28a, and Sifry Deut. #292. The verse Deut. 25:11 reads: “If men quarreled, a person with his brother, and the wife of one of them intervened to save her husband from the hand of one who hit him when she reached out with her hand and grabbed him at his private parts.” Grabbing a person’s private parts is given as an example of an action intended to embarrass. It is clear in the paragraph that “wife of x” stands for “x” himself. The court marshall meting out punishment is protected from a damage suit by the person suffering the punishment as long as he strictly follows the court’s instructions. He is not protected for actions taken on his own initiative. It was stated: “She reached out with her hand,” but not the court marshal’s wife. Another Tanna stated, “she reached out with her hand,” including the court marshal’s wife. He who said, “she reached out with her hand,” but not the court marshal’s wife, if he whipped with permission. He who said, “she reached out with her hand,” including the court marshal’s wife, if he whipped without permission. It was stated: Not the wife of two men³⁶Since a woman cannot have two husbands, one derives from the expression “the wife of one of them” that two people trading mutual insults have no case in court..