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If someone took someone's esrog on chol hamoed and threw it on the floor and the pitum fell off, how do we evaluate how much the damager has to pay the damagee? Since on the second day (chol hamoed with bracha) one can use an esrog without a pitum bshaas hadchak how would we evaluate the payment due to the damagee. A big factor would be that the damagee paid a lot because of the pitum.

tripleee
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sam
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    How about the market value right before the damage minus the market value after? Do you have any reason to assume that that wouldn't be the determinant? What is the determinant in normal cases of damage? That would be useful in answering this question. As of now, this question does not show any research effort. – mevaqesh Oct 04 '17 at 16:23
  • @mevaqesh I am not as knowledgeable as you are apparently,so thats why I am asking. I don't know how payment works – sam Oct 04 '17 at 17:25
  • Consider just asking the general question then, if it isnt a dupe. General questions are usually more answerable and sourcable. See also http://www.businesshalacha.com/en/article/determining-damages-repair-costs-or-depreciation, https://judaism.stackexchange.com/q/30795/8775, and https://judaism.stackexchange.com/q/9716/8775. – mevaqesh Oct 04 '17 at 17:32
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    There used to be sellers that offered pitum "insurance". No joke! I haven't seen this done in about a decade, in my area, but I'd imagine thre are some still doing this. If the buyer has this, it sounds like you wouldn't owe him anything other than a tremendous apology. Regardless, you owe yourself a good bit of teshuva. – DanF Oct 04 '17 at 18:04
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    What’s the source that one can use a broken esrog b’sha’as hadechak? (I’ll throw out there that the esrog only needs a pitum if it grew with one - my shul sells esrogim without pitums that are perfectly kasher because they grew without them.) – DonielF Oct 04 '17 at 18:17
  • @Danf I did nit throw anyones esrog,its a hypothetical – sam Oct 04 '17 at 18:29
  • @donielf I wrote that the pitum fell off implying that it had a pitum and fell off after being detached from the tree. – sam Oct 04 '17 at 18:31
  • Sam, nothing personal meant or implied. I meant the theoretical "you". The other inconsiderate person! – DanF Oct 04 '17 at 18:39
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    Wow, whoever threw the esrog on the floor in the first place is "savage." :P – ezra Oct 04 '17 at 19:16
  • @DonielF My rav explained that if the pitum popped off, may may still use th eetrog as long as it didn't leave a "crater" in th eetrog, i.e., the shape of the etrog is intact, essentially. I'll see if I can ask him for the source of that notion, though, offhand, I gather that you'd find it in O.C. Nonetheless, I agree that it is much easier to buy the ones without the pitum for just this reason. I've been doing exactly that for the past few years. – DanF Oct 08 '17 at 02:51
  • @donielf on Chol HaMoed there is no Psul of Chaser so an Etrog without a Pitom is still Kosher. You could even take a bite out of your Etrog and then use it. (There are opinions that lacking a Pitom is a Psul in Hadar which would invalidate an Etrog that grew without a Pitom, but there are also opinions that the Psul of Hadar doesn't apply on Chol HaMoed.) – Double AA Oct 08 '17 at 14:25

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