Why Damages Are Paid From the Best and Loans From the Middling

Abaye raised a difficulty to Rava: It is written, "the best of his field and the best of his vineyard he shall pay" (Exodus 22:4) - the best, yes; anything else, no. But it was taught, "he shall make restitution" comes to include payment in money's worth, even bran. When Rav Pappa and Rav Huna the son of Rav Yehoshua came from the house of study, they explained: everything is "the best," for if it cannot be sold in this town it can be sold in another town; except for land, for which one gives him from the best, so that a buyer will leap upon it. It was taught: those who suffer damage are appraised from the best land, a creditor from middling land, and a wife's marriage settlement from the poorest land, for the sake of the order of the world [tikkun ha-olam]. But damages are by Torah law: "the best of his field and the best of his vineyard he shall pay." Abaye said: this is necessary only according to Rabbi Yishmael, who said that by Torah law we appraise from the property of the one damaged; the teaching tells us that for the sake of the order of the world we appraise from the property of the one who damaged. Ravina said: in truth the Mishnah follows Rabbi Akiva, who said that by Torah law we appraise from the one who damaged, and it is Rabbi Shimon who expounds the reason of the verse: what is the reason those who suffer damage are appraised from the best land? For the sake of the order of the world. For it was taught: Rabbi Shimon says, why did the Torah say those damaged are appraised from the best land? Because of robbers and extortioners, so that a person will say, why should I rob, why should I extort, for tomorrow the court will descend upon my property and take my fine field, relying on what is written in the Torah, "the best of his field and the best of his vineyard he shall pay." And why did they say a creditor is paid from middling land? So that a person will not see his fellow's fine field and fine dwelling and say, I will pounce and lend to him so that I may collect it for my debt. If so, let it be from the poorest land! Then you lock the door before borrowers. And why did they say a wife's marriage settlement is from the poorest land? Because more than a man wishes to marry, a woman wishes to be married. And should you say: just as the Sages instituted for her a marriage settlement from him when he divorces her, so when she leaves, let the Sages institute a settlement for him from her - come and hear: a woman is sent out whether willing or unwilling, but a man divorces only of his own will. It is possible for her to delay him over the bill of divorce.