Yerushalmi Bava Kamma 8:4 ירושלמי בבא קמא ח׳:ד׳

MISHNAH: This is more severe regarding a human than an ox since a human pays damages³⁷And the other four categories of payments mentioned in Mishnah 1. These are enumerated by the Mishnah in the Babli and most independent Mishnah mss. and pays for unborn children³⁸Ex. 21:22 prescribes that an attack on a woman which leads to a miscarriage but does not endanger the woman’s life entitles the woman’s husband to go to court and exact payment for the loss of prospective children., but the ox pays only damages and does not pay for unborn children.
A person who hits his father or mother without causing a concussion³⁹Ex. 21:15 declares hitting father or mother to be a capital crime. Hitting one of the parents without causing visible damage is a sin but not a crime. Therefore there is no obstacle to pressing monetary claims. Cf. Mishnah 7. or who causes injury on the Day of Atonement⁴⁰Desecrating the Day of Atonement is a deadly sin but not a prosecutable crime; it is outside the purview of the human court. Injuring somebody on the Sabbath is a capital crime. Cf. Mishnah 7. is liable for everything. He who injures a Hebrew slave⁴¹Hebrew slavery was an institution permanently abolished, never resurrected in the Second Commonwealt; cf. Qiddušin 1:2, Note 150. The argument is purely theoretical. is liable for everything except for lost earnings if he is his own. He who injures another person’s Canaanite slave⁴²Any Gentile slave becoming potentially Jewish by circumcision and immersion in a miqweh; cf. Qiddušin 1:3, Note 328. A person severely injuring his own slave has to set him free (Ex. 21:26–27). is liable for everything. Rebbi Jehudah says, slaves have no claim for embarrassment.

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated⁴³A similar statement is in Mekhilta dR. Ismael, Neziqin 9.: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second⁴⁴Ex. 21:26–27 states that a slave gains his freedom if his master blinds him or knocks out one of his teeth. If the master injures the slave repeatedly, the slave gains his freedom by the first injury and, therefore, can claim full payment for the second as a free Jew (Babli Giṭṭin 42b). But if a double injury was inflicted in one blow, the slave was not free and has no claim beyond his automatic freedom.. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves⁴⁵Since there is no exception made for shame in the previous statement.
The statement is difficult to understand since at the moment of the second injury the slave already is a free Jew rather than a slave. As R. Eliahu Fulda points out, it also is superfluous since R. Joḥanan always follows the anonymous Mishnah as practice. Since the Yerushalmi is so elliptic, it may not be excluded that it follows the Babli (Giṭṭin 42b) in holding that the slave is automatically free only for eye and tooth which are mentioned in the verse, but for other injuries for which the court will force the slave’s freedom a bill of manumission would be required. Then R. Abbahu’s statement becomes relevant for the case of a slave in his period between servitude and freedom.. ⁴⁶A text similar to the remainder of this paragraph is in Ketubot 5:5, Notes 120–130. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything⁴⁷Everything he earns automatically is Temple property; he cannot take anything to feed himself but has to beg his sustenance from others. Tosephta ‘Arakhin 3:8 does not support this statement.. If he dedicates the earnings of his slave, he⁴⁸The slave can support himself from his own earnings; only the excess becomes Temple property; Tosephta ‘Arakhin 3:8, Babli Giṭṭin 12a. can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves⁴⁹Slaves would not be able to feed themselves from alms.. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare⁵⁰Babli Giṭṭin 12b.. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse⁵¹Job 31:15.: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.