More Discussions for this daf
1. Machlokes of Abaye and Rav Acha Bar Yaakov 2. The application of the Mishnah about Ma'aser 3. Idis Or Beinonis
4. כמה הערות ברש״י
DAF DISCUSSIONS - BAVA KAMA 7

Ari Hofstedter asked:

In the first stage, where the gemara uses the explanation of the mishna to supply our case, the posuk of "subin" tells us this big chiddush that the mazik can pay "for the value of later". How then, in the next stage (lender), can we apply this chiddush if there isn't any posuk by the lender?

Ari Hofstedter, Toronto, Canada

The Kollel replies:

The Rav Isser Zalman Meltzer (Even ha'Azel Sechirus 3:3) and the Chazon Ish (Bava Kama 3:3) explain that the true price of a field even in Tishrei is the price of Nisan. The question is, that if so why when the Mazik pays Idis does he pay the price of Tishrei? We must say that since the Torah told us that a Mazik pays Idis, and this is his foremost method of payment, the Nizak must be able to realise the full payment of his damage immediately. However, if the Mazik pays in other forms (e.g. Beinonis) this is just "Shaveh Kesef." In other words since this is not the main way of payment it is enough that the field is considered as being worth the amount damaged, even if the Nizak is unable to realize the full value immediately.

According to this explanation, we do not need to learn from a Pasuk the actual fact that a payment according to the value of later is considered a valid payment. We know this. What we learn from the Pesukim is what the main method of payment is. In the case of Ba'al Chov we learn this without Pesukim, since the method of payment is a Rabinic institution.

Dov Freedman