Gittin 49A

הכא במאי עסקינן ⁠– כגון שהיתה עידית דניזק כזיבורית דמזיק; רבי ישמעאל סבר: בדניזק שיימינן, ורבי עקיבא סבר: בדמזיק שיימינן.

With what are we dealing here? We are dealing with a case where, after appraising the damage, the court comes to collect from the one who caused the damage, but he does not have money available to pay for the damage he caused. And the tanna’im disagree in a case where the superior-quality land of the injured party was equal in quality to the inferior-quality land of the one who caused the damage, and the one who caused the damage also has land of superior quality. With regard to such a case, R' Yishmael holds: We appraise the value of the land of the injured party, and therefore the one who caused the damage can pay with his inferior-quality fields, which are equal in quality to the best fields owned by the injured party. And R' Akiva holds: We appraise the value of the land of the one who caused the damage and have him pay with his fields of superior quality.

מאי טעמא דרבי ישמעאל? נאמרה ״שדה״ למטה, ונאמרה ״שדה״ למעלה; מה שדה האמורה למעלה ⁠– דניזק, אף שדה האמורה למטה ⁠– דניזק.

What is the reason of R' Yishmael? The word “field” is stated below, toward the end of the verse: “Of the best of his own field, and of the best of his own vineyard, should he pay” (Exodus 22:4). And the word “field” is also stated above, at the beginning of that same verse: “If a man should cause a field or vineyard to be eaten, and should put in his beast, and should feed in another man’s field.” Just as the field which is stated above belongs to the injured party, so too, the field stated below belongs to the injured party.