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1) PAYMENTS TO HEKDESH

(a) Question: 'R. Akiva says, the verse teaches that damages are collected from Idis, Kal va'Chomer to Hekdesh' what is the Kal va'Chomer?

1. Suggestion: If a man's ox gored a Hekdesh ox - the Torah obligated "The ox of his fellowman", not the ox of Hekdesh!

(b) Answer #1: Rather, a man said 'It is upon me to give a Maneh to Hekdesh' - the Kal va'Chomer teaches that Hekdesh collects from his Idis.
(c) Objection: But this is as a debt, and debts are collected from Beinonis!

1. Suggestion: Perhaps R. Akiva holds that debts are collected from Idis.
2. Rejection: But a (person who is a) creditor is paid when his ox is gored - we cannot learn to Hekdesh, which is not paid when its ox is gored!

(d) Answer: Really, the case is, a man's ox gored a Hekdesh ox;

1. R. Akiva expounds "The ox of his fellowman" as R. Shimon ben Menasya.
2. (Beraisa - R. Shimon ben Menasya): If a Hekdesh ox gores a man's ox, Hekdesh does not pay;

i. If a man's ox (whether Tam or Mu'ad) gores a Hekdesh ox, he pays full damage - (half-damage was only said by "The ox of his fellowman").

(e) Question: If so, how do we know that R. Yishmael and R. Akiva argue when the Ziburis of the damager is as the Idis of the damagee?

1. Perhaps they agree, one pays as the Idis of the damagee; they only argue regarding R. Shimon ben Menasya's law!

(f) Rejection #1: If so, he should not say 'The verse only comes' (since he agrees by damages)!
(g) Rejection #2: If so, the Kal va'Chomer to Hekdesh is inaccurate (since Hekdesh's Idis is surely better than that of the damager)!
(h) Rejection #3 (Rav Ashi - Beraisa - R. Yishmael): "From the best of his field and vineyard he will pay" - from land equal to the best land of the damagee;

1. R. Akiva says, from the best land of the damager.

(a) Contradiction (Abaye): It says "From the best of his field and vineyard he will pay" - only Idis may be paid;

1. (Beraisa): "He will return" - this teaches, something worth money may be given.

(b) Answer #1 (Rava): The damagee cannot refuse to be paid with Idis - but if he agrees, he may be paid with anything.

1. Support (Ula brei d'Rav Ilai): "He will pay" - against the wishes of the damagee.
2. Rejection (Abaye): It doesn't say 'He will be paid', rather "He will pay", which connotes that the receiver agrees!

(c) Answer #2 (Abaye): The resolution is as in the following Beraisa.

1. (Beraisa): Reuven had land (worth 200 Zuz, therefore he is not considered poor) but was unable to sell it - he may take Ma'aser Oni up to half the value (100 Zuz).
2. Question (Rabah): What is the case?

i. Suggestion: If the value of everyone's land declined - Reuven may receive even more (he is as any poor person, that may receive a gift of any size)!

3. Answer #1: Rather, everyone else's land kept its value, but Reuven's land declined in value because people know he must sell.

4. Rejection: If so, he may not receive any gifts of the poor!
5. Answer #2 (Rabah): Rather, the case is (in Reuven's area), land is worth more in Nisan, and less in Tishrei.

i. Everyone else waits until Nisan to sell - Reuven cannot wait, he must sell now.
ii. The seasonal cheapening of land is never worse than half the value (i.e. land worth 200 in Nisan is worth at least 100 in Tishrei).

6. (Culmination of answer): The same applies to damages - they should be paid with Idis, at the current price;

i. If the damagee requests a larger quantity of Beinonis, the damager can stipulate that he receive it at the higher price of Nisan.

(d) Objection (R. Acha bar Yakov): If so, the damagee has the lower hand if he wants to collect Beinonis or Ziburis!

1. The Torah entitled him to the highest quality land - you say that he has no right to demand Beinonis or Ziburis (unless he suffers a loss)!

(e) (R. Acha bar Yakov): The proper comparison to Rabah's law is by a creditor (by whom the Torah did not give the greatest privileges of collection)

1. A loan should be paid from Beinonis (at the current price);

i. If the creditor requests a larger quantity of Ziburis, the borrower can stipulate that he receive it at the higher price of Nisan.

(f) Objection (R. Acha brei d'Rav Ika): If that is the law, people will refrain from lending!

1. Creditors will complain: 'Had I not lent my money, I could buy land at today's cheap price;

i. Because I lent my money, I must now receive land at the higher price of Nisan?!

(g) (R. Acha brei d'Rav Ika): The proper comparison to Rabah's law is by a Kesuvah.

1. A Kesuvah should be paid from Ziburis;

i. If she requests a smaller quantity of Beinonis, the husband (or orphans) can stipulate that she receive it at the higher price of Nisan.

(a) Question: The contradiction has not been resolved! ("From the best of his field" implies only Idis; a Beraisa learned from "He will return", something worth money may be given.)
(b) Answer #3 (Rava): Whatever the damager gives must be from the highest quality.
(c) Objection: But it says "From the best of his field"!
(d) Answer #4 (Rav Papa): All Metaltelim are considered highest quality - if they can't be sold here, they can be sold elsewhere.

1. Since land cannot be sold elsewhere, one who pays with land must pay Idis, so it will be easy to sell.

(e) Question (Rav Shmuel bar Aba of Akronya): When we evaluate what is Idis - do we judge by this person's property, or by the world standard?

1. According to R. Yishmael, payments are as the Idis of the damagee - clearly, we judge by his property.
2. The question is according to R. Akiva:

i. Did the Torah say "The best of his field" to exclude the Idis of the damagee (but it suffices to give Idis of the world standard)?
ii. Or - does "The best of his field" teach that he must give his own best?

(f) Answer (R. Aba): "From the best of his field" clearly means, his own best!
(g) Question (Beraisa): If a man only has Idis - all (damages, debts and Kesuvos) are collected from Idis;

1. If he only has Beinonis - all collect from Beinonis; if he only has Ziburis - all collect from Ziburis.

(h) If he has all 3 qualities - damagees collect from Idis, creditors from Beinonis, and Kesuvos are collected from Ziburis.
(i) If he has (only) Idis and Beinonis - damages collect from Idis, debts and Kesuvos are collected from Beinonis;
(j) If he has Beinonis and Ziburis - damages and debts are collected from Beinonis, Kesuvos are collected from Ziburis;
(k) If he has Idis and Ziburis - damages collect from Idis, debts and Kesuvos are collected from Ziburis.

1. (Summation of question): When he has Beinonis and Ziburis, why does a creditor get Beinonis - if we judge by the person's land, his Beinonis is his Idis, the creditor should get Ziburis!

(l) Answer: The case is, the borrower had Idis and sold it (so the creditor already had a lien on the Beinonis).