More Discussions for this daf
1. Machlokes of Abaye and Rav Acha Bar Yaakov 2. The application of the Mishnah about Ma'aser 3. Idis Or Beinonis
4. כמה הערות ברש״י
DAF DISCUSSIONS - BAVA KAMA 7

Chaim Cohen-McCollum > asked:

What is the actual machlokes between Abaye and Rav Acha Bar Yaakov? Abaye probably knew the kasha of Rav Acha Bar Yaakov before the latter said it yet Abaye must have held a different shitah. It can't be that Abaye holds that more of beinonis is worth more to people than a little bit of idis because if that was the case, so Abaye could have solved the stirah between the psukim without the Braisa. Rather, he could say that "meitav sadeihu u'meitav karmo yeshalem" MIDA'SO and more of Subin (which is at least more like beinonis than zibouris because it can be sold as fast as meitav sadehu) BA'AL KORCHACH. If more of Subin is worth more to people than less Idis, than MIDA'SO the mazik would want to give a small part of idis rather than a big part of subin. So therefore, what is machlokes between Abaye and Rav Acha Bar Yaakov?

Chaim Cohen-McCollum, Westmount, CANADA

The Kollel replies:

Everybody holds that the preferred Karka is Idis.

The Machlokes is in the understanding of the preference that the Torah gives to the Nizak. Abaye holds that the entire preference is the right to Idis; therefore, if he chooses to relinquish that right and ask for other compensation, the Mazik can give him k'Yukra del'Kamei. However, Rav Acha bar Yakov holds that the preference given to the Nizak was not limited to Idis, but rather it was up until Idis, inclusive, and therefore even if he requests Beinonis it is still k'dinei.

D. Zupnik