How is the assessment for embarrassment evaluated? Everything depends on the character of the person who causes the embarrassment and that of the one who is embarrassed. For the embarrassment caused by a child cannot be compared to the embarrassment caused by a respected adult, since the embarrassment caused by the ignoble one is greater.
A person who embarrasses someone who is naked, or who is in the bathhouse is not liable. If the wind blew and raised a person's clothes up against his face, revealing his nakedness, and then another person removed more of his garments, the latter is liable for causing embarrassment. Nevertheless, the embarrassment caused to this person whose nakedness was revealed cannot be compared to the embarrassment of a person who was not naked at all. Similarly, if a person lifted up his clothes to go down to a river or to ascend from a river, and another person embarrassed him, that person is liable. Nevertheless, the embarrassment caused to this person cannot be compared to the embarrassment of a person who was fully clothed.
When a person embarrasses a colleague who is sleeping, he is liable for the embarrassment he caused. If the person died in his sleep and never became aware that this person had embarrassed him, the assessment for embarrassment should not be expropriated from the person who caused the embarrassment. If, however, the embarrassed person's heirs seized this amount from the property of the person who caused the embarrassment, it is not expropriated from them.
A person who embarrasses a mentally incompetent person is not liable. A person who embarrasses a deaf mute is liable. A person who embarrasses a convert or a servant is liable. The following rules apply when a person embarrasses a minor: If the minor becomes embarrassed when he is shamed, the person is liable. If the minor does not feel the shame, the other person is not liable. Even when he is liable, the liability for embarrassing a minor cannot be compared to the liability for embarrassing an adult, nor can that required for embarrassing a servant be compared to that required for embarrassing a free man, nor can that required for embarrassing a deaf mute be compared to that required for embarrassing a mentally competent person.
😳 Status and Context
Boshet depends on both the one who embarrasses and the one embarrassed. Embarrassing a respected person by an ignoble person multiplies the shame. One who embarrasses a naked person (already exposed) or someone in a bathhouse is exempt; but adding to existing exposure creates liability — at a reduced level. Embarrassing a sleeping person is actionable; a mentally incompetent person — exempt; a deaf-mute — liable. Even embarrassing a minor or convert creates proportional obligation.
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.
There have continually been instances of this in our community in Spain. There are some scholars who have waived this payment, and this is praiseworthy of them. There are those who demand payment and reach a compromise. The judges, however, tell the person who caused the embarrassment: "You are obligated to pay him a pound of gold."
Although a person who embarrasses someone else verbally is not liable for a financial payment, it is a grave sin. Only a wicked and foolish person abuses and insults people. The Sages of the earlier generations said: "Whoever embarrasses a proper Jewish person in public with words does not have a share in the world to come."
🗣️ Words and Scholars
Verbal embarrassment of an ordinary person carries no financial penalty, though courts may impose restraints. However, embarrassing a talmid chacham (Torah scholar) — even verbally — carries a fixed penalty of 35 gold dinarim (weight of 8¾ sela'im), collectible everywhere including the diaspora. This ruling was practiced in Spain. Some scholars waived it; others demanded compromise. Publicly shaming a proper Jew with words forfeits one's share in the World to Come.
There are many types of blows that involve embarrassment and a small amount of pain, but no permanent damage. Our Sages have already ordained specific payments for these types of blows. Whoever strikes a colleague with one of these blows must pay this specified amount. These are all considered k'nasot. The specific amount that the person must pay is the assessment for pain, embarrassment, medical attention and unemployment. Whether or not the injured requires medical attention and loses employment, this is the amount that must be paid.
How much must be paid? A person who kicks a colleague with his foot must pay five sela'im. If he butts him with his knee, he must pay three sela'im. If he hits him with a fist, he must pay thirteen sela'im. If he slams his colleague with his palm, he must pay a sela. If he slaps him in the face, he must pay fifty sela'im. If he slaps him in the face with the back of his hand, he must pay 100 sela'im. Similarly, if he twists his ear, pulls his hair, spits at him and the spittle touches his body, removes a man's garment or a woman's head covering, he must pay 100 sela'im. He must pay this amount for every blow he gives. What is implied? If he kicks his colleague four times - even if he kicks him in immediate succession, he must pay him twenty sela'im. If he slaps him in the face twice, he must pay him 100 sela'im. The same rule applies with regard to the other payments.
All the sela'im mentioned in this context refer to the silver coins used in Eretz Yisrael at that time. Every sela was composed of half a dinar of pure silver and three and a half dinarim of copper. Therefore, if a person became liable to pay a colleague 100 sela'im because of such blows, he is liable to pay him twelve and a half sela'im of pure silver.
When are these assessments imposed? When a distinguished person is involved. If, however, an ignoble person is involved - one who is not particular about these things or the like - he receives only the amount of money that is appropriate for him, as assessed by the judges. For there are base people who are not concerned with being shamed and will demean themselves in any humiliating manner for foolishness and frivolity, or to receive a p'rutah from the fools who jest with them.
👊 Set Penalties
The Sages fixed specific k'nasot (penalties) for certain demeaning but minor blows: kicking = 5 sela'im; knee-butt = 3; fist = 13; open-palm slap = 1 sela; face-slap = 50; back-of-hand slap (most degrading) = 100 sela'im. Twisting an ear, pulling hair, spitting on the body, uncovering a woman's head — all 100 sela'im. Payments multiply per blow. These sela'im were part silver, part copper — equaling about 12½ pure silver sela'im per 100 sela'im owed.
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🎓 Key Principles
Chapter 3
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Social Standing Shapes the Penalty The embarrassment assessment is not uniform — a respected person receives more than one who regularly demeans himself in public.
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Extra Protection for Torah Scholars Insulting a Torah scholar carries a fixed monetary penalty even for verbal abuse — a law applied equally in Israel and the diaspora.
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The Back-of-Hand Slap Is the Ultimate Insult The most degrading blow is the back-of-hand slap to the face — assessed at 100 sela'im, double that of an open-palm slap.
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Multiple Blows Multiply Liability Each individual blow triggers its own fixed penalty — four kicks require four separate payments of 5 sela'im each.