Chovél / mevájés bidvárim, Nemes-Konok vita

He who wounds his fellow is liable to compensate him on five counts: for injury, for pain, for healing, for loss of income and for indignity. ‘For injury’: How so? If he blinded his fellow’s eye, cut off his hand or broke his foot, [his fellow] is looked upon as if he was a slave to be sold in the market and they assess how much he was worth and how much he is worth. ‘For pain’? If he burned him with a spit or a nail, even though it was on his fingernail, a place where it leaves no wound, they estimate how much money such a man would be willing to take to suffer so. ‘Healing’? If he struck him he is liable to pay the cost of his healing. If sores arise on him on account of the blow, he is liable [for the cost of their healing]. If not on account of the blow, he is not liable. If the wound healed and then opened and healed and then opened, he is liable for the cost of the healing. If it healed completely, he is no longer liable to pay the cost of the healing. ‘Loss of income’: He is looked upon as a watchman of a cucumber field, since he already gave him compensation for the loss of his hand or foot. ‘Indignity’: All is according to the status of the one that inflicts indignity and the status of the one that suffers indignity. If a man inflicted indignity on a naked man, or a blind man, or a sleeping man, he is [still] liable. If a sleeping man inflicted indignity, he is exempt. If a man fell from the roof and caused injury and inflicted indignity, he is liable for the injury but not for the indignity, as it says, “And she puts forth her hand and grabs him by the private parts”, a man is liable only when he intended [to inflict indignity].

MISHNA:One who humiliates a naked person, or one who humiliates a blind person, or one who humiliates a sleeping person is liable, but a sleeping person who humiliates another is exempt. If one fell from the roof onto another person, and thereby caused him damage and humiliated him, then the one who fell is liable for the indemnity of damage, since a person is always considered forewarned, and exempt from the indemnity of humiliation, since a person is not liable for humiliation unless he intends to humiliate the other person.

§ The mishna teaches (90a): If he spat at him and his spittle reached him, or if he removed another’s cloak, he must give the injured party four hundred dinars. Rav Pappa says: They taught this halakhaonly in a case where the spittle reached him. But if the spittle landed on his clothing without touching him, he is not required to pay him. The Gemara asks: Why not? Let it be like one who humiliated another with words.

The Gemara answers: In the West, Eretz Yisrael, they say in the name of Rabbi Yosei bar Avin: That is to say that if he humiliated another with words alone, he is exempt from paying anything, although he will be held accountable by Heaven for his sin.

When a person embarrasses a colleague with words, or he spits on his clothing, he is not liable for a financial penalty. The court should, however, impose appropriate restraints concerning such matters in every place and time.
If a person embarrasses a Torah scholar, he is liable to pay him for the full measure of embarrassment, even though he embarrassed him only by verbal abuse. The rule has already been ordained that anyone who embarrasses a Torah scholar, even with mere verbal abuse, is penalized and is required to pay 35 gold dinarim - i.e., the weight of 8 and 3/4 sela'im. It is an accepted tradition, that this penalty is exacted in all places, in Eretz Yisrael and in the diaspora.

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