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Dina Degarmi and the Rambam's Method Regarding Shabbat and Healing

שו"תDina Degarmi and the Rambam's Method Regarding Shabbat and Healing
שאל לפני 4 שנים

According to the Rambam, according to the Shach's explanation that according to the Rambam, both the Grama and the Dina Degrami are obligatory, why is a person not obligated to heal and rest when it is done accidentally? Apparently, he should be obligated because of the Dina Grama!
Additionally, what is the explanation for exempting from the commandments of the Devarim when it is not intentional? What is behind the "decision of the Scripture" (BK 26: Gemara there and Tos there)?
The above-mentioned Shach
Shach Choshen Mishpat, Mark 19, Section 4
It is because of the grama of the rabbinate that it is exempt, but the desol of the Rambam, according to the law of the degenerate, is not a desol, because it is a desolation, as in the case of the degenerate, and


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0 Answers
מיכי צוות ענה לפני 4 שנים
Although a person is always prone to sin and there is no distinction between rape and willful harm to a person (harm), it is possible that it is only in the case of harm to the hands. But in the law of the gramma there may be a difference. Even if the gramma is liable, it is possible that the gramma in rape/accident will not be liable. And it is necessary to clarify the matter, because according to the Rambam, all payments of damages are not really money (a ransom as a kind of fine), and the commentators have already established this. If so, the Gemara has even more room to say so, and then it is possible that he was not held liable for rape/accidental damage because he does not need atonement for that. In monetary obligations, the payment is a legal obligation towards the injured party/plaintiff, and then there is no room to distinguish between accidental and intentional damage, since the defendant is entitled to money. But in the case of a fine or ransom, there is certainly room to distinguish. And in general, in the law of harm, it is stated in the Grammar of the Book of the Judges (50a) that one is exempt according to human law but obligated according to heavenly law, and this is also ruled halachically in the Rambam. Therefore, the Shach's words are puzzling for the reader.

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