[Avodah] Evaluating Nezek nowadays without slave markets

Rabbi Meir G. Rabi via Avodah avodah at lists.aishdas.org
Thu Aug 25 23:32:15 PDT 2016


I am inclined to disagree with the proposition that Chazal's evaluation for
Nezek, sale at the slave market, is a flawed method for assessing Nezek,
but it's the best Chazal could come up with.

Certainly slaves are lazy, and certainly an injured soccer player who has
been paid out for what he is worth, will also be tempted to be lazy, why
bother? after all he already has his money.

But think about it. The soccer player gets paid for his devaluation from a
two legged soccer player to a one legged soccer player. Lets say thats 20
mill. But that is not his full value. He can still coach, commentate,
endorse, go on lecture tours etc. So he DOES have value and DOES have
potential earning power. Why should he bother working? Ask any Gevir why
they continue working? Ohev Kessef Lo Yisba K. A Gevir would like to die
making money.  I saw a Nusach of Mi SheYesh Lo Mona Rotza ... Rotza LaAsoSo
Masayim. LaAsoso I think means - it is a game he doesnt need it he just
wants to double it. Parker bros Monopoly

So the prob I think is far more pronounced with a potato peeler floor
sweeper slave. They would be lazy. Indeed. So what? Nezek is NOT
COMPENSATION for lost future earning or life pleasure. It is paying for
ACTUAL LOSS that has been taken from the victim. What actual money did the
victim have that he lost? Not more than what the market offers as a slave
WHICH INCLUDES all the risk factors such as health risks, injury risks,
mental welfare risk the risk of him being lazy incompetent unwilling being
depressed and the list goes on.

So Chazal provide a PERFECT method for paying Nezek.

I hasten to add that to gain Mechila, one must pay more. The agrressor must
pay for loss of quality of life, for mental anguish in short there is a
duty to be MeFayess, to mollify the victim.


Best,

Meir G. Rabi
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