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When an animal damages crops, the Torah (תורה) prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara (גמרא) explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
The shiur analyzes Bava Kamma 6b, focusing on the Gemara (גמרא)'s discussion of payment formulas when an animal damages crops. The Torah (תורה)'s law of "u'bi'er bi'sdei acher" (damages in another's field) establishes that payment is calculated by multiplying the damaged area by sixty and determining the difference in value between a field with and without the produce. Rashi (רש"י) explains this creates a "davar mu'at" - a minimal payment compared to the actual loss. If someone sustains a hundred-dollar loss, the formula might require only ten dollars in payment. The central question emerges: when an animal ate either barley (kusha) or fat produce (shemena) but we don't know which, should the owner pay according to the more valuable shemena? The Gemara's havamina suggests "achal kusha mishalem shemena" - if he ate barley, he pays shemena. Rav Idi bar Avin responds that in cases of doubt, one pays shemena specifically because the actual loss might have been shemena, creating a stringent formula for uncertainty.
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Bava Kamma 6b
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