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Gitin Chart #6

Gitin Daf 53a

THE KULOS AND CHUMROS INHERENT IN EACH
OF THE CASES OF "HEZEK SHE'EINO NIKAR"
  (A)
METAMEI		 (B)
MEDAME'A		 (C)
MENASECH
1) WHY THIS FORM OF HEZEK IS *MORE* FITTING TO ENGENDER A PENALTY THAN THE OTHERS This involves an Isur(1) (for he causes Chulin or Terumah to become Tamei) This happens frequently This act of Hezek causes a total loss to the owner(2)
2) WHY THIS FORM OF HEZEK IS *LESS* FITTING TO ENGENDER A PENALTY THAN THE OTHERS --- This involves only a minor loss(3) "Kim Lei b'd'Rabah Minei"(4)
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FOOTNOTES:
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(1) One who does an act of Menasech also transgresses an Isur, obviously. However, the Isur that he transgresses in the case of Menasech is not that he has caused the loss of the wine, but rather that he has served Avodah Zarah. Therefore, this is reason to penalize him for the loss of the wine.
(2) In contrast, one who is Metamei someone else's items *does not* cause a total loss to the owner, because even if he causes Terumah to become Tamei, it can still be fed to animals or burned as fuel.
(3) The loss to the owner of the Chulin is minor when Terumah is mixed with his Chulin, because the owner can always sell it to Kohanim for the price of Terumah.
(4) In actuality, one who is Menasech is obligated to pay for the damage done and we do not exempt him because of "Kim Lei..." (according to Rav who maintains that we may derive one penalty from another), because the Menasech did not earn the death penalty until *after* he had become responsible to replace the wine. At the time that he lifts up the wine, he becomes obligated to return it to the owner, but he does not earn the death penalty for his act of Avodah Zarah until he actually pours the wine before the idol.

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