The source is in B"K 20.

What is meant by "זה נהנה" and what is meant by "זה לא חסר" -
is that only direct monetary damage, indirect damage, psychological/spiritual damage, temporal inconvenience etc?

  • Note the cases in that Gemara: a squatter, an animal eating others’ produce, providing protection for one’s field, a two-story house that collapsed. They don’t all fit the rubric for זה נהנה וזה לא חסר for other reasons (ex. because of a claim one party could make it’s considered זה חסר or זה לא נהנה), but from the fact that the Gemara even considered them would seem to indicate that only in these kinds of cases - where there is a monetary loss - does the rule apply.
    – DonielF
    Jan 4, 2019 at 14:17
  • @DonielF This rule appears in B"K and might be local (monetary) as you pointed out. I'd like to see if somebody talks more generally.
    – Al Berko
    Mar 2, 2019 at 22:56

1 Answer 1

  1. monetary It's a general statement that just means that one person benefits, and the other doesn't lose anything definite. If you were to say psychological damage, then anyone could say they were "damaged" by anything, there's no real legal definition; if you say "spiritual damage" meaning causing someone else to sin or holding them back from a mitzvah, that's a separate prohibition
  • 1. why 1? 2. we all expect either sources or good logical reasoning, and your answer lacks both.
    – Al Berko
    Mar 8, 2019 at 11:01

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