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BAVA KAMA 7

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SUMMARY

A Ba'al Chov collects his Chov from a Karka of Beinonis
 
R. Shimon Ben Menasyah holds that if an animal of Hekdesh gores an animal of Hedyot they are Patur, but if an animal of Hedyot gores an animal of Hekdesh both a Tam and a Mu'ad pay Nezek Shalem.
 
R. Akiva holds that if an animal of Hedyot gores an animal of Hekdesh the Hedyot must pay Nezek Shalem and he holds that the payment must be from Meitav because of a Kal va'Chomer.
 
If a person's property depreciated and it is no longer worth 200 Zuz he may collect Ma'aser Ani the same as any poor person. (1)
 
If his property is worth 200 Zuz but because it is obvious that he desperately needs to sell he cannot get 200 Zuz for his property he may not collect Ma'aser Ani at all.
 
If his property is worth 200 Zuz in Nisan and in Tishrei it is worth less and he is forced to sell his property in Tishrei he may collect up Ma'aser Ani. (2)
 
A Nizak has a right to request payment from Beinonis or Ziburis instead of Idiyos.
 
A Ba'al Chov has a right to request payment from Ziburis instead of Beinonis. (3)
 
If a person divorces his wife in Tishrei and she request Beinonis instead of Ziburis he can say that if you want Ziburis you must take it for the price that it worth in Nisan. (4)
 
All goods are regarded as Meitav with the exception of land because transportable object that are not in demand in one place can be sold elsewhere.
 
R. Akiva holds that the Mazik must pay from the best of his own land even if it is a better field than what is regarded as Meitav by others.
 
If a person owes money for Nezikin, a Chov and a Kesuvah and he only owns Idiyos, everyone collects from Idiyos, if he only owns Beinonis or Ziburis everyone collects from Beinonis or Ziburis.
 
If he owns Idiyos and Beinonis the Nizak collects from Idiyos and the Ba'al Chov and the Kesuvah is collected from Beinonis
 
If he owns Beinonis and Ziburis the Nizak and Ba'al Chov collect from Beinonis and the Kesuvah is collected from Ziburis.

A BIT MORE

1. A person who has 200 Zuz is not considered a poor person and he may not collect Ma'aser Ani, but if he has 199 Zuz he may even collect 1,000 Zuz if it given to him at one time.
 
2. He is not considered rich since right now he cannot get 200 Zuz for his property right now and he is not a poor person either since if he waits until Nisan he could get 200 Zuz for his property, therefore he may take Ma'aser Ani up to half (100 Zuz) since his property would not depreciate more than half of its value.
 
3. Because if we do not allow him to take Ziburis it will lock the door in front of borrowers because if he had not lent his money and the money was still in his hands he could have bought a Karka of Zibrois with the money.
 
4. A woman only has the right to collect her Kesuvah from Ziburis and therefore if she wants Beinonis she must take it at the higher price.

BRIEF INSIGHT

BEINONIS AND ZIBURIS
 
A Nizak has a right to request payment from Beinonis or Ziburis instead of Idiyos and a Ba'al Chov has a right to request payment from Ziburis instead of Beinonis. The Rosh explains that the Nizak and the Ba'al Chov do not have the right to insist on being given a certain piece of land because it is completely up to the discretion of the Mazik and the borrower to choose which land to give as long as he gives Idiyos to the Mazik and Beinonis to the Ba'al Chov. However if the Nizak requests a land of Beinonis and the Mazik expresses a willingness to give him the land but only at the higher price that it is worth in Nisan, since he is willing to give the land [albeit at the higher price that it is worth in Nisan] he must give it at the lower price of Tisherei. However if he categorically refuses to give that piece of land he is perfectly within his rights and he does not have to give the land at all.

QUICK HALACHAH

A DISTANT BEINONIS
 
If the lender requests Idiyos with a little less Karka the borrower does not have to give it to him even at the inflated price that it will be worth later on. If the borrower only has Idiyos he may not sell his Idiyos in order to buy Beinonis to pay the Chov with and instead he must give the lender Idiyos. Even if he ahs Idiyios close by and he has Beinonis that is located at a far distance from the location of the Ba'al Chov he may not give him the Beinonis that is far away and instead he must give him the Idiyos that is close by. (Shulchan Aruch CM 202:3)

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