Bava Kamma - Daf 7
- Contradiction between מיטב and סובין
Abaye posed a contradiction to Rava: The Torah teaches that damages must be paid from מיטב שדהו ומיטב כרמו – his choicest field or vineyard, and nothing less than superior-grade land is adequate, yet a Baraisa states: "ישיב" – he whose pit damages shall return money. The unusual term “return” is לרבות שוה כסף ואפילו סובין – to include anything worth money as valid payment, even bran!? The Gemara suggests that when one pays voluntarily, he may pay with anything, but if he must be forced to pay, he pays with superior-quality land. Abaye rejects this answer, and eventually, Rav Pappa and Rav Huna the son of Rav Yehoshua answered: כל מילי מיטב הוא – all movable items are considered “superior,” דאי לא מזדבן הכא מזדבן במתא אחריתי – because if it cannot be easily sold here, it can be sold in another city. Superior-quality payment is only required with land, which cannot be movedת כי היכי דלקפוץ עלה זבינא – so that people will jump to buy it. Rashi on Daf 9a explains that Rav Huna there offers another answer: one is required to pay with money or מיטב land, but if he has neither, he may pay with inferior products like bran.
- Receiving maaser ani where one’s property has decreased in value
A Baraisa states that if one owns land worth two hundred zuz (which ordinarily disqualifies him from receiving maaser ani), but is unable to sell his property, מאכילין אותו מעשר עני עד מחצה – we feed him maaser ani up until half the value of his fields. The Gemara explains that if all land decreased in value along with his, he is considered a truly poor person (since his assets are actually worth less than two hundred zuz), and may accept an unlimited amount of maaser ani. If other land remained stable, but buyers offered him less than his property’s value because they recognized his immediate need for money, he cannot receive any maaser ani (since his assets are worth two hundred zuz). Rather, this Baraisa refers to seasonal price changes, where land increases in value in Nissan (where a buyer can plow and plant it for the coming season) and decreases in Tishrei. This person, who was pressed for money, would have to sell his land now at less than two hundred zuz, and can be viewed as a poor person, although it would be sold for more in Nissan. Since land prices decline by as much as half in Tishrei, that is how much maaser ani he may receive.
- בשלו הן שמין או בשל עולם הן שמין
Rav Shmuel bar Abba from Akronia asked Rebbe Abba: כשהן שמין – When they assess land to determine if it is מיטב, בשלו הן שמין – do they assess in terms of his own property, או בשל עולם הן שמין – or do they assess in terms of the world generally? According to Rebbe Yishmael, that מיטב is assessed based on the damaged party’s superior land, we clearly assess his personal land (regardless of its quality compared to other land). According to Rebbe Akiva, that מיטב is assessed based on the land (of the damaging party) which is being paid, does it mean that he pays with the best land that he personally owns, or simply with objectively “superior” lands, even if he has other land of even higher quality? Rebbe Abba responded: רחמנא אמר מיטב שדהו – Hashem said to pay with “his” choicest field, ואת אמרת בשל עולם הן שמין – and you [suggest] we assess in terms of the world generally? Rather, he definitely must pay with the best land he personally owns.
