In discussing the sale of the land in Israel, the Talmud asks: if one sells just the trees for their crops, is it considered as if the land is sold with them, or not? Rabbi Yochanan says that the land is regarded as sold with the trees, and Rabbi Asi comments that he better say this, or else "Rabbi Yochanan will not find his hands and feet in the study hall."
Why is this? Because in another place, the same Rabbi Yochanan said that brothers who inherit land from their father are considered buyers of land from each other. In those times when the Jubilee year was observed, the land would return to the owners every fifty years. Unless the land went with the fruit, nobody would ever own land in the true sense of the word, and nobody would ever bring the first fruit!
Continuing with the laws promulgated "for the benefit of the world," the next one is this: if one harms his neighbor, he pays for it "with the best of his land." We are talking about material damages here, and if the tortfeasor (let's call him "damager") has cash, he should simply pay cash. However, if he does not, he may have land, and the courts collect from his land. The amount they collect is equal to the damage. But the quality of the land is up to the court, and the rule is "take the best."
But why is it called a "decree of the Sages?" Is it Torah law that everyone already knows?! – Actually, yes. However, it would be only according to Rabbi Ishmael, who understands the "best field "differently. The best field, but of whom? – Of the damaged party! A rich damager would just give some bad land because it would be like the best of the poor damaged party. The Sages prevented this by requiring that the damager gives of his best.
Art: Still Life with a Basket of Fruit by Balthasar Van Der Ast
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