Commentary for Bava Kamma 12:11
כשהזיק חב המזיק חב המזיק חייב המזיק מיבעי ליה אמר רב יהודה אמר רב האי תנא ירושלמי הוא דתני לישנא קלילא
TO INDEMNIFY WITH THE BEST OF HIS ESTATE. Our Rabbis taught: Of the best of his field and of the best of his vineyard shall he make restitution<span class="x" onmousemove="('comment',' Ex. XXII, 4. ');"><sup>8</sup></span>
Tosafot on Bava Kamma
The one liable for the damage is obligated. The Gemara here insists that the word חב should not have been used in our Mishna, rather the word חייב. Tosafot explains why the Gemara here questions the use of the word חב and elsewhere it does not. The word חב generally implies something detrimental or damaging is happening to the subject. חייב usually means that the subject is obligated to pay or liable for a punishment.
In other places the Gemara does not object as it does here to the use of the word חב. For example, in Gittin 11b, חבין אין-we may only do something that is detrimental to a person in his presence1 The Mishna in Gittin 11b is discussing a person who was designated as an agent to deliver a divorce document to a woman and a manumission document for freeing a slave. The Rabonon rule that he cannot automatically act as an agent for the woman without her knowledge to accept the divorce for her, because the divorce is essentially detrimental to her – she loses her food and clothing, whereas the agent automatically becomes an agent for the slave even though he was not appointed as the slaves agent, because it is beneficial to the slave to be freed. As soon as the agent receives the manumission document the slave is freed and the owner cannot change his mind. The husband can change his mind as long as the divorce document has not been delivered to his wife. as opposed to something that is beneficial to him which need not be done in his presence. Or in Bava Metzia 10a one who seizes assets of a debtor for the benefit of a creditor where it is חב-detrimental to others. Because in those places it is not feasible to use the word חיוב obligation or liability, the Gemara in those places is not discussing an obligation or liability, rather the word חובה that usually means injurious or harmful.
In other places the Gemara does not object as it does here to the use of the word חב. For example, in Gittin 11b, חבין אין-we may only do something that is detrimental to a person in his presence1 The Mishna in Gittin 11b is discussing a person who was designated as an agent to deliver a divorce document to a woman and a manumission document for freeing a slave. The Rabonon rule that he cannot automatically act as an agent for the woman without her knowledge to accept the divorce for her, because the divorce is essentially detrimental to her – she loses her food and clothing, whereas the agent automatically becomes an agent for the slave even though he was not appointed as the slaves agent, because it is beneficial to the slave to be freed. As soon as the agent receives the manumission document the slave is freed and the owner cannot change his mind. The husband can change his mind as long as the divorce document has not been delivered to his wife. as opposed to something that is beneficial to him which need not be done in his presence. Or in Bava Metzia 10a one who seizes assets of a debtor for the benefit of a creditor where it is חב-detrimental to others. Because in those places it is not feasible to use the word חיוב obligation or liability, the Gemara in those places is not discussing an obligation or liability, rather the word חובה that usually means injurious or harmful.
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