[Avodah] Evaluating Nezek nowadays without slave markets

[Rabbi Meir G. Rabi via Avodah]

If I slash the tyres of my business rival [or lock him or her in a room]
which prevents them from attending a business presentation thereby losing a
contract which I gain, that loss is Gerama. So BD can compel me to pay for
the slashed tyres but not more, which is why I may prefer to lock them in a
room.

When the soccer player loses his ability to play because someone broke his
leg, BD cannot force payment of his future earnings, that is Gerama.
Therefore as mentioned earlier, Nezek is NOT COMPENSATION for lost future
earning or life pleasure.

As to the Q - Why should the victim suffer any of the loss? That is the
system HKBH arranged. One may as well ask why is the guy who throws a spear
and then removes the shield protecting the victim deemed to be a Gorem and
not a murderer?

BD can only force payment for what the soccer player actually has in his
hand, i.e. what his potential future earnings are worth right now TO OTHER
PEOPLE. Because other people [slave buyers, investment opportunists] are
the ones who will be paying him for that IF they were buying him right now
as a slave i.e. for his future earnings.

These days the investment market is well equipped to evaluate the potential
earnings and all the risks associated with a soccer player or racing car
driver or golf player or concert pianist and compare that to any other
investment and the potential returns and risks, including the risk that the
soccer player may not willingly co-operate or perhaps suffer depression.
This investment NEVER calculates every penny the subject will ever earn.

As for the argument - once paid a lump sum, reflecting the present value of
his potential future earnings, he has no reason ever to work again - the
question actually misses the point. All that risk is INCLUDED in the
evaluation of the investors. The market compensates for that risk and it is
PART of the Nezek formula. People work for many reasons - Ask any Gevir why
they continue working?

BD is not capable of evaluating what is to be paid for Piyus. Only the
victim and his friends can do that. That is why the Din BALeChaVeiro
requires that the aggressor appease the victim via a non BD procedure by
appealing directly to the victim and via the victims friends. That is the
process of taking a Shura of friends to the victim - the friends agree that
what the aggressor is offering is sincere and reasonable and the victim,
their friend should accept it. Once the aggressor has brought 3 friends
three times and the victim refuses to accept the offer, the aggressor need
do no more.

The only reason that BD may today consider permitting a victim to take his
Jewish aggressor to the nonJ court is that they no longer exercise or have
tools to pressure such out of court resolution as they had in days gone bye.
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