דף צ"ח
New silver coins are larger than old coins
The גמרא discusses רב's law where one purchased on consignment agreeing to pay later with a certain coin that went out of circulation. רב said he has to pay with a new coin. However what if the new coin is larger? It would seem to be straightforward ריבית! The גמרא concludes that if the new coin is twenty five percent larger he pays twenty five percent less coins. If less than twenty five percent the cost of melting down the coins would offset any added value.
One throws his friends coin into the Mediterranean Sea
רבה exempts him if he knocked it out of his friend's hand which is a גרמא or causative damage, the water was clear so the coin can be seen and even if retrievable only by divers. However if the thief grabbed it from the victim and threw it in the water, he cannot sayהרי שלך לפניך go fetch it. He is liable for theft until he returns it as the verse says: והשיב את הגזלה. Concerning the law of redeeming מעשר שני since the verse says וצרת הכסף בידך it is not enough that the money is retrievable, it must be accessible for redemption.
Difference between hammering and filing an image off a coin
Hammering does not diminish the silver content. It only causes the victim the cost of minting which is a גרמא. Filing diminishes the silver content. Similarly when one deafens a person, he does not leave him physically intact. He causes internal bleeding. Therefore one who deafens a father is liable to the death penalty unless he did not strike the ear directly.
Discernible damage that does not diminish value
One who nicks the ear of a cow disqualifies it for use as a sacrifice. In spite of this the perpetrator is not liable since most cows are not brought as sacrifices.
Indiscernible damage
One who uses water drawn to mix with ash of the פרה אדומה or the cow itself is liable to compensate בדיני שמים.
An object damaged that has no inherent value
One who burns a loan document is exempt to pay for it because it is only a גרמא, he prevented the victim from collecting his loan. The גמרא rejects a comparison to a מחלוקת תנאים. רבי שמעון וחכמים argue about the principle דבר הגורם לממון כממון דמי. One consecrates an animal by saying הרי עלי עולה if something happens to the animal he must replace it. Although once he consecrates it, the animal belongs to הקדש and the verse exempts a thief from paying הקדש, רבי שמעון holds since the consecrator has to replace the stolen animal it is still his and all theft fines are paid to him. The חכמים disagree. However even according to רבי שמעון he holds the animal is considered the consecrators because it has intrinsic value whereas the loan document does not.
Consequence of the law of גרמי
רבי מאיר declares one liable for גרמי. Although the גמרא in many places says גרמא בנזיקין פטור according to רש"י both are the same. Therefore we hold דאין דינא דגרמי one is liable for גרמא. Other ראשונים distinguish between them. Therefore according to רבי מאיר one would be liable to pay the full amount of the loan if he burned the document.
Returning a useless item to a victim of a theft
The גמרא suggests that the author of the Mishnah who says concerning חמץ שעבר עליו הפסח the thief can say הרי שלך לפניך is רבי יעקב. He holds even after the court decided to execute a שור הנסקל if the custodian returns the animal before the stoning he is no longer liable to the victim even though the owner cannot benefit from it.
The גמרא concludes that his reason is based on the law that the animal does not have to be present in court to be judged. Therefore the owner cannot claim the custodian damaged him by handing the animal to the court. He cannot conceal the animal to prevent their passing judgment. According to the חכמים he is liable because handing the animal over prevented the owner from concealing it. Even though passing judgment is indiscernible damage, the custodian is liable for actively damaging the owner.
Partial rotting of fruit
Since it is natural the thief can say הרי שלך לפניך.
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