More Discussions for this daf
1. ha'Regel Mu'edes 2. Tzeraros 3. Basar m'Ikara
4. Basar me'Ikara 5. Tzeroros and Zav 6. Torah/mitzvos
DAF DISCUSSIONS - BAVA KAMA 17

Ralph Serouya asks:

Tosafot dibor hamtchil zrak kli marosh hagag

Says that the reson why you have to pay full damages is because of btar tvar mnah azlinon but this doesn't make sense because after the vessel broke it was worth nothing? So it should be btar mikarah azlinon

Ralph Serouya , West long branch,USA

The Kollel replies:

1. Rav Shimon Shkop zt'l (in Sha'arei Yosher, Sha'ar 5, ch. 6, DH v'Chen Nir'eh Li) explains the dispute concerning whether one follows the beginning or the end in the following way. The opinion that Basar me'Ikara Azlinan understands that we consider the vessel as worthless already because nobody would buy or rent the vessel since it will certainly break. The opinion that Basar Tavar Mana Azlinan says that, on the contrary, we do not look at the market value of the vessel. It is true that potential buyers will pay less because they are worried about the future, but we do not pay attention to this but rather we look at the intrinsic value of the vessel at the present moment. At the present moment, it is a whole, complete vessel, so the person mentioned by Tosfos who broke the vessel which was about to be struck by the arrow will pay the full price. This is because the vessel was complete at the time that he broke it.

2. According to this, when the Gemara says Basar Tavar Mana Azlinan, this means that we consider the vessel to be complete until one moment before it was actually broken, before the Tavar Mana. The amount of damages that is paid is determined by the value of the vessel at that last possible moment.

Kol Tuv,

Dovid Bloom