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Bava Kama Chart #2+

Bava Kama Daf 7a-9a

WHEN MAY ONE PAY FOR DAMAGES WITH "SUBIN" (WHEAT CHAFF; INFERIOR ITEMS) AND WHEN MUST ONE PAY WITH ITEMS OF SUPERIOR QUALITY?
  (A)
WHEN MAY ONE PAY WITH SUBIN?		 (B)
HOW DOES THE GEMARA REFUTE THIS ANSWER?
1) RAVA'S 1ST ANSWER When he pays *willingly*(1) It is not written in the Torah, "Meitav... *Yeshulam*"(2)
2) ABAYE When the Nizak *wants* inferior land(3) We will thereby have weakened the strength of the Nizak
3) RAVA'S 2ND ANSWER When he pays the *Meitav* of Subin
(the superior quality Subin) 		It is written, "Meitav *Sadehu*"(4)
4) RAV PAPA AND RAV HUNA BREI D'RAV YEHOSHUA When he pays with anything *other than land* ---
5) RAV HUNA(6)
(on Daf 9a)		 When he has *no cash and no land*(7) ---
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FOOTNOTES:
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 (1) That is, when he does not inconvenience the Nizak to have to bring him to Beis Din to make his claim for the damages, he may pay with Subin.
(2) "Yeshulam" would imply that the Mazik must pay Meitav only when he is not paying willingly.
(3) When the Beraisa says that one may pay with "Subin," it means land that produces a lot of Subin and inferior crops (such as Beinonis land and Ziburis land). The question that immediately arises is that it is obvious that the Nizak is entitled to request to be paid land of inferior quality, since the Torah entitles him to receive *even* the best quality land (Idis)! What then is the verse of "Yashiv -- va'Afilu Subin" teaching? Abaye answers that it is teaching that when the Ziburis is collected against the will of the Mazik, the Nizak collect *only* "Shaveh Kesef" -- that is, according to the value of the field at the time that it will be worth more (i.e. Tishrei).
(4) This implies that one must pay the Meitav of *land*, and not the Meitav of any item that is worth money.
(5) This is because all movable items are considered "Meitav," since one can bring them to another place and sell them there (which is not the case with land).
(6) According to Rashi there, Rav Huna is answering the question of the Gemara earlier (7a) which is attempting to explain the Beraisa that permits paying with Subin. Even according to Tosfos, who explains that Rav Huna did not address the teaching of the Beraisa directly, the Beraisa is nevertheless indirectly explained through Rav Huna's words.
(7) See Insights, for the various opinions in the Rishonim regarding the intention of Rav Huna, and for the practical Halachic ruling on this matter.

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