[Avodah] How do we evaluate nezeq nowadays of a person?

Micha Berger via Avodah avodah at lists.aishdas.org
Mon Aug 22 14:32:01 PDT 2016


On Mon, Aug 22, 2016 at 02:46:58PM -0400, Zev Sero via Avodah wrote:
: The Aruch Hashulchan is not a question, since he discusses many halachos
: that were not lemaaseh in his day...

And not just in haAsid. The AhS discusses sugyos, not individual dinim.
So if some of the sugyah is lemaaseh but it also involves questions that
are not, he is likely to discuss it.

...
: But the bottom line is that it doesn't matter why the Tur brought these
: halachos, the fact is that only musmachim can apply them, and by the time
: slavery disappeared there were definitely no musmachim.  Therefore the
: question how a beis din of musmachim today would assess nezek is moot.

IMHO, a
BD should still have some idea of what the din require if we were able
to fulfil it, so that they can help reach a meaningful pesharah.

I assume that in yemos haoshiach, accidents that lead to injury will
still be possible, but theft and poverty (post tzedaqah) would be too
rare to support a real ever Ivri market.

So, it's likely we will have neziqim, musmachim to adjudicate them,
and no market price.

Anyone want to guess what ideas the Sanhedrin would invoke?

BTW, one magid shiur asked on FB about nezeq being determined by current
loss of value, not future earnings lost. Just in case the question was
bothering any of our chevrah here...

On Wall Street, the value of a stock reflects expectations of the
company's future earnings.

I would assume that similarly, the value of an eved is a function of the
utility the eved will provide future owners. (Rentors? employers? eved
ivri is of limited duration; "owner" is not 100% accurate of a term.)
IOW, among two avadim of equal strength, the younger one who has more
years of that strength ahead of him would be worth more. Similarly, an
eved who knows how to manage retirement investments would bring a
hypothetical rav far more money for the rest of the yovel

The biger problem is just that -- yovel. Should somone who is injured
in Elul of year 49 receive next to nothing because the market is down to
1 month employments?

It would seem to me to be hypothetical, estimating what he would fetch
right after yovel.

And once you're talking hypothetical pricing, you are headed in the
direction of our answer.

Tir'u baTov!
-Micha

-- 
Micha Berger             When one truly looks at everyone's good side,
micha at aishdas.org        others come to love him very naturally, and
http://www.aishdas.org   he does not need even a speck of flattery.
Fax: (270) 514-1507                        - Rabbi AY Kook



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