Chavrei HaKollel
I hope all are safe and well.
I have trouble comprehending what the practical difference between Rebbi Yishmael & Rebbi Akivah.
If one causes 1000 dollars worth of Nexek and paid in currency would there be a Machlokes if he should pay with crisp ten 100 dollar bills vs 100 crumpled up 10 dollars bill.
My understanding is if one pays with land the same principle would apply Tashlumei nezek is not a knas. So if Ten acres of quality land vs 100 acres of poor quality. In terms of reimbursement they're the same.
My personal question is, if the Mazik damaged his car, home, shor, etc..
Without the pasuk; good farm /grazing land vs poor regardless what gives it value is work put into the land? So by paying with land taking that into account how can deciding to pay with land, helpful to the mazik?
Or a step further what if the mazik has no agricultural knowledge, his parnasah is in textiles? What if the mazik lives in an area with property Tax?
Overall before getting deep into Nizikin- wouldn't one ideally be chayav in currency (outside a gezeiras hakasuv). If I reimburse a 1000 dollar zaftig cow that's 2 years old on the property of the Nizak. Even if the mazik pays him with a healthy 2 year old 1000 dollar cow, in 6 months it gets sick and dies...Elements can also convert quality land into useless land?
Clarification of submitted question:
Even with the gezeiras hakasuv- When we collect are we selling the valuation and giving it to the mazik?
If not I don't see how this isn't a punishment for the Mazik. If it's land that's far, if it's land that will create more work, if it's land with higher property tax. It's not a reimbursement.
I'm forced to assume when they talk about "paying with land" it has to be sold. Ergo what other option is there to assess the actual damage.
Then have the Nizak sell whatever land he wants as long as it reimburses the Mazik?
Avrahom , United States
Dear Avrahom,
When damage is done, the Torah wants reimbursement. It could be with money. It could be with land, according to its value. The value is how much it is worth on the general market. When land is used as payment, it is itself the payment, as is. (The recipient may sell it if he wants.)
The market price doesn't change because someone lives nearby, has land nearby, owes taxes, doesn't like land, etc. He received according to the Torah's law of proper payment.
Let's say grade A (Idis) land of 50 square meters is 100 dollars and grade B land of 100 square meters is also worth 100 dollars on the market. Using either piece of land means I paid 100 dollars. But people generally want grade A land because of better produce, usage, or easier to work, etc.
Payments of Nezek should be with grade A. What fits into that bracket, according to Nizak or Mazik or Shel Olam, is a Machlokes.
Crumbled bills make no difference as you realize, but quality of land does.
There is no need to sell the land that is used as payment. But its value is determined according to the market price.
All the best,
Reuven Weiner