Yerushalmi Nazir 9:5 ירושלמי נזיר ט׳:ה׳

MISHNAH: If somebody injured another person who was judged dying and then this person’s state improved¹⁶¹The injured is no longer critical but did not get out of bed, which would be the biblical criterion preventing a prosecution of the attacker for murder (Ex. 21:19). but later he died, he is guilty. Rebbi Neḥemiah says, he cannot be prosecuted¹⁶²If at any moment the victim was judged not critically ill, death could have a cause unrelated to the attack. since it is not unsubstantiated.

HALAKHAH: ¹⁶³The origin of this and the following paragraphs is in Sanhedrin 9:3 (fol. 27a). The first part of our text is almost identical with the text there; the second part is badly garbled and can be understood only from the Sanhedrin text. (ג denotes a Genizah reading.) So¹⁶⁴Reading כיני as in Sanhedrin, in place of מני “who is the author”? is the Mishnah: Rebbi Neḥemia declares him not prosecutable but the Sages declare him guilty since it is not unsubstantiated¹⁶⁵The expression רגלים לדבר “the thing has feet” formulates prima facie evidence of guilt, not an argument which prohibits prosecution.. The Sages say, two estimations have precedence over one estimation¹⁶⁶Any “estimation” here is a judicial act. If the physician in charge as an officer of the court considered the victim as critically ill both at the beginning and at the end of treatment, this overrides the fact that for some time the victim was taken off the critical list. The attacker can be jailed only if the victim is in danger of his life and there is the possibility that the case may become one of capital crime (Mekhilta dR. Ismael, Mišpaṭim 6; Babli Sanhedrin 78b, Ketubot 33b).; Rebbi Neḥemiah says, the intermediate estimation has precedence over the two¹⁶⁷Once the victim was taken off the critical list, it is impossible to convict the attacker of premeditated murder.. What is Rebbi Neḥemiah’s reason? “ ‘If he gets up and walks outside on his cane, the attacker is exonerated¹⁶⁸Ex. 21:19. Both Targum Onqelos and Mekhilta dR. Ismael explain משענת not as “cane” but as “health”. This meaning seems to be understood here..’ Could you think that this one walks in the market and the other is executed because of him¹⁶⁹The verse seems to be superfluous (but its continuation, spelling out the financial obligations of the attacker, is not.)? But even if he died according to the first estimation he cannot be prosecuted¹⁷⁰The term “exonerated” is read as “permanently exonerated.”.”¹⁷¹Babli Sanhedrin 78a/b, Ketubot 33b; Tosephta Baba qama 9:7; Mekhilta dR. Simeon bar Ioḥai pp. 174–175. What is the rabbi’s reason? “If he does not die but is bedridden¹⁷²Ex. 21:18..” Would we not know that even if he does not die that he will be bedridden¹⁷³Otherwise there could not be any monetary claim derived from this paragraph. (There could be a claim under rabbinic rules for insult, etc.)? But if they estimated¹⁷⁴In Sanhedrin: “estimated” and “did not estimate” are exchanged everywhere. This seems to be the correct version; in v. 18 the imperfect לא יָמוּת is read as “not expected to die”, since it does not say לֹא מֵת. But then v. 19 could simply mean that [the attacker] has to pay for disability and medical costs; the long introductory clause therefore refers to another case. For the Sages, the medical prognosis is irrelevant. that he would die. If they estimated¹⁷⁴In Sanhedrin: “estimated” and “did not estimate” are exchanged everywhere. This seems to be the correct version; in v. 18 the imperfect לא יָמוּת is read as “not expected to die”, since it does not say לֹא מֵת. But then v. 19 could simply mean that [the attacker] has to pay for disability and medical costs; the long introductory clause therefore refers to another case. For the Sages, the medical prognosis is irrelevant. that he would die, that is what is written: “If he gets up and walks outside on his cane.” Therefore, if he does not get up, [the attacker] is guilty. But if they did not estimate¹⁷⁴In Sanhedrin: “estimated” and “did not estimate” are exchanged everywhere. This seems to be the correct version; in v. 18 the imperfect לא יָמוּת is read as “not expected to die”, since it does not say לֹא מֵת. But then v. 19 could simply mean that [the attacker] has to pay for disability and medical costs; the long introductory clause therefore refers to another case. For the Sages, the medical prognosis is irrelevant. that he would die? If they did not estimate¹⁷⁴In Sanhedrin: “estimated” and “did not estimate” are exchanged everywhere. This seems to be the correct version; in v. 18 the imperfect לא יָמוּת is read as “not expected to die”, since it does not say לֹא מֵת. But then v. 19 could simply mean that [the attacker] has to pay for disability and medical costs; the long introductory clause therefore refers to another case. For the Sages, the medical prognosis is irrelevant. that he would die, that is what is written: “But he has to pay for his disability.” Rebbi Ila in the name of Rebbi Simeon ben Laqish: It is an extraordinary decree of Scripture that he has to pay¹⁷⁵As a matter of principle, a person convicted of a crime cannot be made to pay since that would constitute multiple punishment (cf. Terumot 7:1, Notes 3–73; Ketubot 3:1). Therefore, a verse is needed to force the potential murderer to pay if his victim survives.. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: It was an erroneous estimation¹⁷⁶If the victim survives, it is proof that the first estimation was wrong; there is no criminal case and the civil case can proceed unhindered.. ¹⁷⁷From here on, the sentences have to be re-ordered as indicated by the text in Sanhedrin (different text in Sanhedrin is in parentheses and italicized):
What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he pay, if he paid, he paid. If he did not pay, the verse makes him pay¹⁷⁸Even if the victim later dies. (does he have to pay?).
For him who says, it was an erroneous estimation, if he did not pay one does not order him to pay¹⁷⁸Even if the victim later dies.. If he paid, can he take it back?
A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves¹⁷⁹But for R. Simeon ben Laqish he has to pay for disability from the moment of the injury.. (It proves that the estimate was wrong.)
This (A baraita) supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died (die but he lived). From when does he have to pay him (count for him)? From the moment he turns worse¹⁸⁰That means, even if he turns worse, since he had to pay from the start by court order. For R. Yose ben Hanina, he never pays once the case has turned into a criminal matter.. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.¹⁸¹Then the baraita is no support for R. Simeon ben Laqish since R. Yose ben Hanina will agree that the agressor has to pay the victim who is getting better.” (but from the start. That means, it is an extraordinary decree of Scripture that he pay. But if you say, it was an erroneous estimation, he has to pay until [the victim] dies.) What is the difference between them? If his state improved. For him who says, it is an extraordinary decree of Scripture that he has to pay; if he paid, he paid. If he did not pay, the verse makes him pay. A baraita supports one and a baraita supports the other. A baraita supports Rebbi Yose ben Ḥanina: If they estimated that he would die, when does he have to pay him? From the moment he improves. For him who says, it was an erroneous estimation; if he did not pay one does not order him to pay. If he paid, can he take it back? This supports Rebbi Simeon ben Laqish: If they estimated that he would live but he died. From when does one have to pay him? From the moment he turns worse. Rebbi Yose said, it does not say here, “from the moment he turns worse” but “from the moment he turns better.”

If he hit him on his hand and it withered. The physicians said, if it is amputated he will live. Does he have to pay for the [hand]¹⁸²Reading of Sanhedrin. The reading here, הָעֶבֶד “the slave” is an obvious misspelling for הָאֵבֶד “the limb”. Throughout the Halakhah, the scribe is not sure in his distinction between ע and א.
It is clear that the attacker has to pay for the operation since this is medical treatment. The question is whether he also has to pay for the permanent impairment of the victim’s earning power caused by the loss of his hand.? Let us hear from the following: “If people quarrel¹⁸³Ex. 21:22, speaking of the injury to an innocent bystander, the unintended victim of an intended hit. The verse decrees the responsibility of the attacker for pain and impairment of the victim.,” “if people brawl.¹⁸⁴Ex. 21:18, the paragraph under discussion, about the intended victim of an intended hit. The verse decrees the responsibility of the attacker for medical cost and disability.” Is not quarrel brawl and brawl quarrel? Why does the verse say, “if people quarrel, if people brawl”? To apply the rules of the unintended to the intended and of the intended to the unintended¹⁸⁵In both cases, all four payments are due from the attacker.. It must be the following: If he hit him on his hand and it withered. The physicians said, if it is amputated he will live. Does he have to pay for the [hand]¹⁸²Reading of Sanhedrin. The reading here, הָעֶבֶד “the slave” is an obvious misspelling for הָאֵבֶד “the limb”. Throughout the Halakhah, the scribe is not sure in his distinction between ע and א.
It is clear that the attacker has to pay for the operation since this is medical treatment. The question is whether he also has to pay for the permanent impairment of the victim’s earning power caused by the loss of his hand.? Since you say there, it is an extraordinary decree of Scripture that he pay for the hand, so here it is an extraordinary decree of Scripture that he pay for the hand¹⁸⁶Since the attacker has to pay for the operation, he has to pay for the permanent impairment..