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Why does the Gemara (גמרא) need two pesukim for Shen—one for Bier B'Sday Acher and another for Meshaleach? The shiur develops the chakira between Mechalya Karna (permanent destruction) and Lo Mechalya Karna (the produce grows back). Rashi (רש"י) and Tosafot dispute whether liability depends on the monetary loss at the moment of damage or on the act of hezek itself, even when the nizik could have mitigated the loss or when the field naturally regenerates.
The Gemara (גמרא) on Bava Kamma 3a asks why two pesukim are needed for the av nezikin of Shen. One pasuk, "Ad Yevareh Ka'asher Yevareh HaGal Oato" (Bier B'Sday Acher), establishes liability for Shen. The second pasuk, "Veshilach," also appears to address Shen or possibly Regel. The Gemara proposes that one pasuk teaches Mechalya Karna (permanent destruction) and the other teaches Lo Mechalya Karna (where the produce grows back but not as well). Without a second pasuk, we might have thought liability exists only for Mechalya Karna, but not for Lo Mechalya Karna. Rashi (רש"י) defines Lo Mechalya Karna as a case where the animal ate unripe produce that would have continued growing. If the produce grows back but not to its original potential (lo k'vat chila), the mazik might be exempt because the field can still produce, even if diminished. The pasuk teaches that even in such a case, liability exists. Rashi distinguishes between cases where the damage is total (Mechalya Karna) and cases where the produce regenerates but imperfectly (Lo Mechalya Karna).
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Bava Kamma 3a
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