Sunday, January 4, 2009

Bava Kamma 7 - Whose Best Land? (Torts)

The damager is liable to make payments for the damage from the choicest of his land, based on "He shall pay from the best of his land."

But whose best land is it?

Rabbi Ishmael says: "The damaged party's choicest field or the damaged party's choicest vineyard." Why? Just as another man's field (mentioned before) was that of the damaged party, the payment is also measured by the quality of the damaged party's land.

And Rabbi Akiba says: "he shall pay his choicest field," which clearly means - with the choicest field of the one who is paying."

Money or valuables are also acceptable.

Art: The Grape Grower by Jacob Gerritsz

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