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KIDUSHIN 24

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SUMMARY

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A BIT MORE

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BRIEF INSIGHT

CHIYUV B'DINEI SHAMAYIM
 
If the master hits the servant next to the eye or ear and blinds or deafens him he does not go free because it was the fright that blinded or deafened him and someone who frightens his friend is Patur b'Dinei Adam but Chayav b'Dinei Shamayim. The Rashash asks that Rashi holds that when a person is Chayav b'Dinei Shamayim if the claimant grabs the money he is owed b'Dinei Shamayim. Therefore in the case of the servant he is in possession of his own body and since the owner is obligated b'Dinei Shamayim to free him he has 'grabbed' his so why does not he go free? The Rashash answers that since a servant whose limb was severed goes free only because of a Knas there is no obligation to free him b'Dinei Shamayim.

QUICK HALACHAH

A BAD FRIGHT
 
If someone frightens his friend and his friend falls ill from the fright he is Patur b'Dinei Adam and Chayav b'Dinei Shamayim. However this is only true if he didn't touch, for example he screamed at him from behind or appeared to him [suddenly] in the dark or if he screamed in his ear and deafened him. If he grabbed his ear and screamed in his ear and deafened him or if he touched him and pushed him or grabbed his clothing at the time that he frightened him he is Chayav b'Dinei Adam. (Rambam Hilchos Chovel u'Mazik 2:7)

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