and watched over it

<<closely?

<<Let it stand.

How

<<does it pay

<<what

<<it damaged

<<etc.

<<From where

<<are these

<<matters?

Rav Masna said,

<<for says

<<the verse:

<<“and it consumes

<<in the field of

<<another” —

<<it teaches

<<that they assess

<<in relation to

<<a field

<<other.

This

<<“and it consumes

<<in the field of

<<another”

<<is needed

<<for it

<<to exclude

<<the public domain!

If so,

<<let write

<<the Merciful One

<<“and it consumes

<<in the field of

<<his fellow”,

<<or else

<<“the field of

<<another”!

<<What is

<<“in the field of

<<another”?

<<That they assess

<<in relation to

<<a field

<<other.

But say

<<all of it

<<for this

<<it

<<comes;

<<to exclude

<<the public domain —

<<from where do we have it?

If so,

<<let write it

<<the Merciful One

<<with

<<the payments:

<<“The best of

<<his field

<<and the best of

<<his vineyard

<<he shall pay

<<in the field of

<<another”!

<<Why

<<do I need

<<that wrote it

<<the Merciful One

<<with

<<“and it consumes”?

<<Learn from it

<<two things.

How

<<do we assess?

<<Rabbi Yosei bar Chanina said:

<<a se'ah

<<within sixty

<<se'ahs.

<<Rabbi Yannai

<<said:

<<a tarkav

<<within sixty

<<tarkavs.

<<Chizkiyah

<<said:

<<a stalk

<<within sixty

<<stalks.

They raised an objection:

<<if it ate

<<a kav

<<or

<<two kavs,

<<they do not

<<say

<<it shall pay

<<their value;

<<rather,

<<they view

<<it

<<as if

<<it is

<<a bed

<<that is small,

<<and they estimate

<<it.

<<What —

<<is it not

<<by

<<itself?

No —

<<within sixty.

The Rabbis taught:

<<they do not

<<assess

<<a kav,

<<because

<<it favors him,

<<nor

<<a beis kor,

<<because

<<it disadvantages him.

What

<<does it say?

<<Rav Pappa said,

<<thus

<<it says:

<<they do not

<<assess

<<a kav

<<within sixty

<<kavs,

<<because

<<it favors

<<the damager;

<<nor

<<a kor

<<within sixty

<<kors,

<<because

<<it disadvantages

<<the damager.

Objected

<<to it

<<Rav Huna bar Manoach:

<<this —

<<“nor

<<a beis kor”?!

<<“Nor

<<a kor”

<<is needed

<<for it!

Rather,

<<Rav Huna bar Manoach said in the name of Rav Acha son of Rav Ika:

<<thus

<<it teaches:

<<they do not

<<assess

<<a kav

<<by itself,

<<because

<<it favors

<<the injured party;

<<nor

<<a kav

<<within a beis kor,

<<because

<<it disadvantages

<<the injured party;

<<rather,

<<within sixty.

A certain

<<man

<<who cut down

<<a date palm

<<of his fellow.

<<He came

<<before

<<the Exilarch.

<<He said to him:

<<I myself saw it,

<<and three

<<palms

<<in a cluster

<<were

<<standing,

<<and they were

<<worth

<<a hundred

<<zuz.

<<Go,

<<give

<<him

<<thirty-

<<three

<<and a third.

<<He said:

<<with

<<the Exilarch,

<<who judges

<<by the law

<<of the Persians,

<<why

<<do I need?

<<He came

<<before

<<Rav Nachman.

<<He said to him:

<<within sixty.

Rava said to him:

<<if

<<they said

<<for damages of

<<his property,

<<shall they say

<<for damages of

<<his own body?!

Abaye said to Rava:

<<for damages of

<<his own body

<<what

<<is your thinking?

<<For it was taught:

<<one who strips

<<the vineyard

<<of

<<his fellow

<<in bud —

<<they view

<<it:

<<how much

<<it was

<<worth

<<before

<<this,

<<and how much

<<it is

<<worth

<<after

<<this;

<<whereas

<<within sixty

<<it does not

<<teach?

Is it so that

<<with

<<his animal

<<too

<<is it

<<not

<<taught

<<in

<<this

<<manner?!

<<For it was taught:

<<if it cut down

<<a sapling —

<<Rabbi Yosei

<<says:

<<the judges of decrees

<<who are in Jerusalem

<<say:

<<a sapling

<<of

<<its first year —

<<two

<<silver;

<<of

<<two

<<years —

<<four

<<silver.

<<If it ate

<<fodder grass —

<<Rabbi Yosei HaGelili

<<says:

<<it is judged

<<by what remains

<<in it;

<<and the Sages

<<say:

<<they view

<<it:

<<how much

<<it was

<<worth,

<<and how much

<<it is

<<worth.