Gittin 49B

Study Gittin folio 49B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

It is taught explicitly in a baraita: The verse: “Of the best of his own field, and of the best of his own vineyard, shall he pay” (Exodus 22:4), teaches that the appraisal is of the best of the fields of the injured party, and of the best of the vineyards of the injured party. This is the statement

Ravina said: Actually, the Mishnah is in accordance with the opinion of R' Akiva, who said: By Torah law, we appraise the property of the one who caused the damage. And it is also in accordance with the principle of R' Shimon, who expounds the reason underlying the verse as a basis for drawing halak

This is as it is taught in a baraita (Tosefta, Ketubot 12:2) that R' Shimon said: For what reason did the rabbis say that the court appraises land of superior quality for payment to injured parties? It is due to the robbers and due to those who take that which is not theirs by force [ḥamsanin]. How

The baraita continues: For what reason did the rabbis say that a creditor collects his debt from intermediate-quality land? It is so that a person should not see another’s fine field or fine house and say: I will jump in and lend him money so that later I will collect the field or house for my debt

The Talmud asks: If it is so that the objective is that people not be tempted to lend money for the purpose of acquiring the borrower’s property should he default on the loan, then the halakha governing a creditor should be to collect his debt from inferior-quality land. The Talmud answers: If so,