Reply To: YWN Coffee Room Nightly D’Var Torah

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yashrus20
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Need Help: Please if anyone can help me out i cant find an answer to a stira! In bava metzia daf 43 amud aleph of sugya of shlichus yad, rava says in the gem. that if one who steals and then breaks it he pays the din of when he breaks it only in case where the price went up. But if the price goes down he pays like the price of b4 b/c of kol hamishlmim kshas hagzeila. Why then if it goes up does he pay higher? The rosh explains b/c of knas but if it werent for knas by default you would pay like the beg. In bava kama it has this case and the rosh explains that if when you stole it it was 4 and now when you break it its 1 you pay for just like in our gemara. The problem is his reason for this is shelo yehai choteh niskar! Which means he holds by default you should pay later not shas gezaila and the only reason u pay b4 is b/c of shelo yehai chotei niscar. But in our gemara the rosh says you pay 4 b/c pashut kol mishalmim k’shas gizaila. Two dif default in two roshis! Anyone got any answers??