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

[Zev Sero via Avodah]

On 22/08/16 15:15, Marty Bluke wrote:
> If the din only applied to semuchim he wouldn't write it stam.
>
> The truth is that the mechaber writes in Siman 1 that we aren't dan
> nezeq today except semuchim in Israel. At the end of Siman 420 he
> references this. So it would seem that even though there is a whole
> Siman about nezeq it doesn't apply today.

Again, in his day there were smuchim, and he himself was one, so it did
apply.  And there were slave markets so there was no practical problem.



On 22/08/16 15:33, M Cohen wrote:
> RZS wrote...
>>  Since our batei din without semicha have no authority to judge
>> dinei chavalos anyway, the issue is moot.

> Not true.
> Even if we don't judge chavalos, an important n'mina w be how much should
> you pay in order to l'ztais y'dei shamayim.

1. Ad sheyefayes es chavero

2. Nowadays we have more sophisticated methods of determining appropriate
compensation, which have been worked out by the civil courts. I think
a beis din today, setting the limit on "ad sheyefayes" as described in
CM 1, would say it's whatever he could have got in civil court had he
sued there.

-- 
Zev Sero               Meaningless combinations of words do not acquire
zev at sero.name          meaning merely by appending them to the two other
                        words `God can'.  Nonsense remains nonsense, even
                        when we talk it about God.   -- C S Lewis