Os danos são avaliados em relação à melhor qualidade (de grãos no campo) [Mesmo que seja mandatado pela Torá, viz. (Êxodo 22: 4): "O melhor do seu campo e o melhor da sua vinha ele pagará", este tanna sustenta que as Escrituras falam do melhor do campo do nizzak (aquele danificado); e por causa do "bem geral", os sábios declararam que o mazzik (o causador do dano) deveria pagar o melhor de sua propriedade, mesmo que seja melhor que o melhor do nizzak, para que os homens tenham cuidado para não causar dano.], e um credor (reivindicações) da qualidade média [Pois, de acordo com as Escrituras, ele afirma apenas da mais baixa qualidade, viz. (Deuteronômio 24:12): "E o homem que lhe é devedor trará a você a promessa do lado de fora", e é provável que um homem traga apenas o menos valioso de seus bens; mas, por causa do "bem geral", eles determinaram que um credor reivindicasse a qualidade intermediária, de modo que a porta não fosse trancada para empréstimos.] e o kethubah de uma mulher (é reivindicada) a mais baixa qualidade. [Pois "o fechamento da porta" não deve ser temido neste caso. "Pois mais do que um homem quer se casar, uma mulher quer se casar."] R. Meir diz: O kethubah de uma mulher também (é reivindicado) da qualidade média. [A halachá não está de acordo com R. Meir].
Bartenura on Mishnah Gittin
הניזקין שמין להם בעידית – Even though that it is from Torah, as it is written (Exodus 22:4): “[When a man lets his lifestock loose to graze in another’s land, and so allows a field or a vineyard to be grazed bare,] he must make restitution (from the best) for the impairment of that field or vineyard.” This Tanna [of our Mishnah] thinks that it is the best field of the one who suffered damage that is spoken of in the Biblical verse, but for the sake of the social order, the Sages said that the one who caused the damage should pay from the best of his property, even if they (i.e., his properties) are better than the best of the one who suffered the damage, in order that we should be careful from causing damage.
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English Explanation of Mishnah Gittin
Introduction
This mishnah teaches what type of land must be used in order to repay debts. Its connection to “tikkun olam” is that the sages shaped some of these laws using “tikkun olam” type criteria. That is to say they tried to take into social needs when making these rules.
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Bartenura on Mishnah Gittin
ובעל חוב בבינונית – that from the Torah he does not collect other than from the lowest quality land of the estate, as it is written (Deuteronomy 24:11): “[You must remain outside,] while the man to whom you made the loan brings the pledge out to you.” But it is not the manner of a person to bring out other than the worst of his possessions, but for the sake of the social order, they [i.e., the Sages] said that the borrower pays with his middle-range [property, in order that we not shut the door to borrowers.
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English Explanation of Mishnah Gittin
Damages are paid out of [property of] the best quality; The rule that damage payments are made out of the best of one’s land is seemingly stated in Exodus 22:4, “When a man lets his livestock loose to graze in another’s land, and so allows a field or vineyard to be grazed bare, he must repay the best of his field and the best of his vineyard.” However, there is a debate over this issue. Rabbi Akiva interpreted this to mean that the damager must pay back from the best of his (the damager’s) land and Rabbi Ishmael interpreted it to mean that the damager must pay back with land equivalent to the best of the other person’s land. If this mishnah goes according to Rabbi Ishmael than the “tikkun olam” is that although the Torah does not demand that the damager pay back from the best of his own land, the rabbis demanded that he do so in order to deter people from being negligent and causing damage. If the mishnah goes according to Rabbi Akiva, then the Torah itself ruled because of tikkun olam. Although tikkun olam usually implies a rabbinic enactment, this is not always the case.
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Bartenura on Mishnah Gittin
וכתובת אשה בזבורית – for we do not suspect her to shut the door, for more than a man wants to marry, a woman wants to be married.
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English Explanation of Mishnah Gittin
A creditor pays out of land of medium quality, According to the Talmud, Torah law dictates that when a debtor collects land in payment of his debt, he collects from the debtor’s worst property. Seemingly this would be good for debtors, certainly a noble goal. The problem with this is that it might end up deterring lenders and thereby make it difficult for people to get the loans they need (especially if they are farmers.) People will be hesitant to lend money if they know that if the debtor defaults they will collect from lousy land. In order to encourage people to lend money (remember it was without interest, so lending was a form of charity), the rabbis enacted that if a debtor defaults the creditor collects from property of medium quality.
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Bartenura on Mishnah Gittin
ר"מ אומר כו'- The Halakha is not according to Rabbi Meir.
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English Explanation of Mishnah Gittin
And a ketubah is paid out of land of the poorest quality. Rabbi Meir says that a ketubah is also paid out of medium quality land. There is a debate over what type of land a woman receives upon collecting her ketubah. Collecting a ketubah is like collecting any debt the husband (or his estate) is a debtor to the woman. Therefore Rabbi Meir holds that just as usual debts are collected from middle quality land, so too is the ketubah debt. However, the first opinion in this mishnah holds that normal debts are not totally analogous to ketubot. With regard to a normal debt, the rabbis ruled that it is collected from middle quality land in order to encourage people to loan money. No such encouragement is needed with regard to ketubot, for women will marry whether they will collect their ketubah from middle or poor quality land. Since there is no special reason that the woman should collect her ketubah from middle quality land, she collects from poor quality land, as is the Torah’s rule for all debts.
