PAYING THE FUTURE PRICE [line 10]
He refers to R. Yosi ha'Glili in the above Beraisa, and R. Yishmael in the coming Beraisa.
(Beraisa - R. Yishmael): "From the best of his field and vineyard he will pay" - from land equal to the best land of the victim;
R. Akiva says, the verse teaches that damages are collected from Idis, and Kal va'Chomer to Hekdesh.
(Rav Idi bar Avin): If a patch of a field was consumed, and we are unsure which one, he pays like the best patch we see there.
Question: What is that?
Answer: It is the price at harvest time.
Inference: If it ate Semadar, we calculate the decline in (current value)!
(Beraisa - R. Shimon ben Yehudah): If Reuven raped a virgin, he does not pay for pain (of breaking the Besulim), for she would have experienced the same pain in her first Bi'ah when she gets married.
Chachamim: The pain when one is forced is much greater than the pain of one who is willing.
(Beraisa - R. Yosi): We deduct the cost of a midwife (when evaluating the payment for a fetus);
Ben Azai says, we deduct the additional food that she would have eaten in the days of Kishuy (when she is in pain, before the birth).
R. Yosi holds that all the more so we deduct the additional food;
Ben Azai holds that we do not deduct the cost of a midwife. Her husband can say that his wife does not need one.
EVALUATING THE DAMAGE AMONG 60 TIMES THE DAMAGED AREA [line 42]
Eliezer: I am mourning over Yerushalayim!
The men: You consider yourself important enough to mourn over Yerushalayim? This is haughtiness!
They seized him; he said that he is a great Chacham, they may ask him, or he will ask them. They chose the latter.
Eliezer: If a man cut dates that were not fully grown, how much does he pay?
The men: Their value.
Eliezer: But they would have become full dates!
The men: He pays for full dates.
Eliezer: But he did not eat full dates!
The men: What do you say he pays?
Eliezer: We evaluate among 60 times as much.
The men: Who holds like you?
Eliezer: Shmuel does. You can send this question to him!
Shmuel said like Eliezer. They released him.
FINISHED FRUIT [line 15]
(Beraisa R. Meir): If Reuven wrote a document selling to Shimon the field designated to pay his wife's Kesuvah, and she did not sign, and he wrote a document selling it to Levi and she signed, she forfeits her Kesuvah;
R. Yehudah says, she can say, I signed only to please my husband. I did not forfeit anything!
He taught that the Halachah follows R. Shimon (in our Mishnah).
PERMISSION TO PILE UP FRUIT [line 23]
If the animal was damaged, Reuven is liable.
If Reuven had permission, Shimon is liable.
SENDING A FIRE [line 28]
If he sent a fire with a healthy adult, the adult is liable.
If Yehudah came and blew the flame, he is liable;
If the wind fanned the flame, all are exempt.
Question: Why is he liable if he sent a flame?
Answer: This will surely cause damage.
Question: What is the reason?
Answer: The way the messenger held the flame caused the damage.