Allan BALGLEY asks:
Only damages listed in the Torah is considered an Av. Where is Moser mentioned in the Torah so that it would be considered an Av
Allan BALGLEY, United States
The Kollel replies:
1) Rabeinu Yonah writes at the beginning of Pirkei Avos that the Torah states (Vayikra 19:13) "Do not steal" and that all the damages are included in this prohibition.
2) The Magid Mishneh on Rambam Hilchot Chovel uMazik 8:1 writes that Moser is not considered "Hezek She-Aino Nikar"; imperceptible damage; which according to one opinion in the Gemara here 5a is not considered damage. Magid Mishneh also writes that Moser is a Din, not merely a fine.
Best wishes
Dovid Bloom