Daf Yomi This Week In Review: Gittin 47-53

by Rabbi David

I got stuck on דף מ"ט

49a
When you damage somebody's field, you pay them back with the best of your field or the best of their field. I don't know which one. That part is very confusing.
Rabbi Yishamel and Rabbi Akiva argue. But they don't argue. But they do. We think they argue.

49b
Nope. They're arguing. Rabbi Yishmael says you have to pay from the best of the fields of the Nizik (the one who got damaged). Rabbi Akiva says from the best of the fields of the one who did the damages, the Mazik.
It's a better deal for the Mazik to pay from the Nizik's best, as your ox damaged all of their stuff already. So, you pay from the best of the trampled-on corn.
And then other people get involved and it gets confusing.

They talk about Tikun Olam (fixing the world) and that is why you have to give from the best of your field, so that people don't steal. If the judges take away your best property, you won't steal. You'll be stuck with the stuff that you stole. And why are you stealing Kias when you have to pay back with a Toyota. Lexus would be a better example. We should've said Lexus. The real lesson here is, don't get caught.

We have a Ketubah so that the husband doesn't get rid of his wife. Without a Ketubah he would drop her right away. It's easier to watch football when you don't have a wife. But when you have to now pay 200 zuz, you think twice about letting her go.
So there is reason to say you can pay her with the best of your field. But maybe it's the worst of your field. All I know is that women want to get married and men want a big screen and a beer.

We learn the laws of marriage from damages and theft. That's how our sages understand marriage.

וכי תימא 'Maybe you'll say'- When the Gemara said this it got more confusing for everybody.