Question: What is R. Akiva's source that we estimate (i.e. collect) for Nezikin from Idis? (He holds that the verse teaches only about how we estimate the value of the damage, and not which land it is collected from!)

Answer: He holds that it is not from the Torah. It is an enactment;

Why did [Chachamim] say that damages are collected from Idis? It is due to robbers, so one should say 'why should I steal? Why should I damage? Tomorrow, Beis Din will see my nice field, and take it from me!'

They supported [the enactment] from the verse "Meitav Sadehu u'Meitav Karmo Yeshalem."

This applies to land. A security [to pay for damage] is learned from land. Just like land is from Idis, also a security is from Idis. (MEICHAL HA'MAYIM - this refers to when he intends to redeem his security. If Metaltelim are taken for payment, all Metaltelim are considered Idis.)

[They enacted that] creditors collect from [only] Beinonis due to swindlers. One should not see his friend's nice field, and lend to him, and scheme in order to take it from him.

Question: If so, we should [have enacted that we] collect for him only from Ziburis!

Answer (R. Yehudah): That would be proper - however, [they did not enact so] lest we lock the door in front of people. Tomorrow, he will seek to borrow, and he will not find [anyone to lend to him].

(R. Simai): "Veha'Ish [Asher Atah Nosheh Bo]" refers to a Shali'ach of Beis Din. If the lender enters [the borrower's house], he will take out the nicest [Metaltelim for a security]. If the borrower enters, he will take out the worst. How do we do? A Shali'ach Beis Din enters and takes out something intermediate.

R. Yishmael says, according to Torah law, the borrower enters, for it says "veha'Ish Asher Atah Nosheh Bo Yotzi Elecha Es ha'Avot ha'Chutzah."

[According to R. Simai, the verse] teaches about a security. We learn land from a security. Just like a security is Beinonis, land [is collected from] Beinonis.

[The following] is obvious. If a loan became denial (the borrower denied it, and the lender found witnesses, it is considered like theft, so) it is not canceled [in Shemitah];

If he denied and [later admitted,] it becomes like a [regular] loan, it is canceled [in Shemitah].

Question (R. Yirmeyah): Do we distinguish like this regarding collection? If a loan became denial (the borrower denied it, and the lender found witnesses, it is considered like theft, which is] collected from Idis (like all damages)? And if he denied and [later admitted,] it becomes like a [regular] loan, [which is] collected from Beinonis?

Note: GRA (Shevi'is 10:1) explains the question like this. Presumably, he explains what came above (the following is obvious...) like we explained.

If there is (in the property of one who owes) only Idis, [the victim] collects Idis. If there is only Beinonis, he collects Beinonis. If there is only Ziburis, he collects Ziburis.

If there is Idis and Beinonis, we collect damages from Idis. A creditor and Kesuvah collect from Beinonis.

If there is Beinonis and Ziburis, damages and creditors collect from Beinonis. A Kesuvah collects from Ziburis.

If [the damager's] Idis was better than everyone else's Idis, [even so] it is considered Idis. If his Beinonis was better than everyone else's Beinonis, [even so] it is considered Idis. If his Ziburis was better than everyone else's Ziburis, it is considered Ziburis.

Question: If [the damager's] Idis was like everyone else's Beinonis [what is the law]?

Answer (R. Ze'ira and R. Ila): We learn from [the above]. If there is Beinonis and Ziburis, damages and creditors collect from Beinonis. A Kesuvah collects from Ziburis. (This shows that we judge according to everyone else);

Just like when there is Idis and Beinonis, damages push off the creditors to Beinonis (we do not judge according to the damager's property and say that the Beinonis is his Ziburis, so the creditor can demand the Idis)...

And similarly, when there is Beinonis and Ziburis, [if we would judge according to his,] damages should push off the creditors to Ziburis (for the Beinonis is his Idis! Rather, we do not say so, for we judge according to everyone else's land.)

Rebuttal (R. Yosi bei R. Bun citing Rav Chisda): (Really, we judge according to the damager's property. In the latter case, initially) he had Idis and sold it. The creditors were already pushed off to collect from Beinonis (so they collect from it even after he sold his Idis, and now his Beinonis became his Idis).

(Mishnah): A Kesuvah collects from Ziburis.

(R. Yirmeyah): This refers only to [the primary Kesuvah of] 100 [Zuz for a widow] or 200 (for a Besulah), but [additions to the Kesuvah, e.g.] 1000 Dinarim, she collects from Beinonis.

R. Yosi says, even if her Kesuvah is 1000 Dinarim, she collects only from Ziburis.

This argument is like the following argument. As long as [a widow] is in his father's house, she can collect her Kesuvah forever (without any time limit). When she is in her husband's house, she can collect her Kesuvah until 25 years;

(R. Simon citing R. Yehoshua ben Levi): This refers only to the Kesuvah of 100 or 200, but if her Kesuvah was 1000 Dinarim, she collects her Kesuvah forever;

(R. Avahu citing R. Yochanan): Even if her Kesuvah is 1000 Dinarim, she collects only until 25 years.

R. Yosi holds like R. Yochanan, and R. Yirmeyah holds like R. Yehoshua ben Levi.

(Mishnah): If one wrote his property to his sons, and he wrote to his wife any amount of land, she lost her Kesuvah (she accepted the land in place of her Kesuvah).

(Rav): This is when he was Mezakeh [to his sons] through her. (Since she did not protest, this shows that she consented);

(Shmuel): This is [even if] he divided [his property] in front of her.

(R. Yosi bar Chaninah): A leniency of Kesuvah was taught here.

Support (Bar Kapara - Beraisa): A leniency of Kesuvah was taught here.

(R. Aba): R. Yosi bar Chaninah holds that not only the Kesuvah of 100 or 200, rather, even if her Kesuvah was 1000 Dinarim, a leniency of Kesuvah was taught (if her husband wrote his property to his sons, and he wrote any amount to her, she lost her Kesuvah).