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Torah · 39:00

Bava Kama 109

105 views · Feb 18, 2024

Rabbi Oster Gemara Shiur

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The opening of this shiur, in Rabbi Oster Gemara Shiur’s own words — taken from the captions, so names and Hebrew terms may be approximate.

We begin at the Mishnah on the bottom of Kuf Khes Amud Beis. Zokef aleichem Mishnah Heichan Pikdonai. Person comes along and says to a shomer that he gave an object to keep for him, "Where is my Pikdon?" Amar Loi Ovad. So, the person claims that it got lost. So, the owner says, "Mashbi'acha Ani. I want you to swear for me that it got lost." Va'omer Amen. And the shomer responds, "Amen." He accepts upon himself the shvu'ah, which that means he swore now that it got lost. Va'ha'eidim Eidim Meisai. Then, witnesses come along and testify she'achlo that he himself ate it. So, for denying this, Meshallem Keren. All he has to pay is the the Keren, the principal, this Pikdon itself. There's no Keifel in this case because Keifel does not apply when a person claimed that it got lost. Keifel only applies, we'll see in the next case of the Mishnah, where the shomer claimed that it got stolen from him. Ha'eidim Me'atzmoi. If he admitted himself to this that he swore falsely, then Meshallem Keren. He pays the Keren and Va'chomesh Va'asham. Now, because he admitted himself, so he can have a Kapparah for this. And the Kapparah is through paying an additional fifth and an Asham. As he brings that to the Pasuk says, "Ve'hisvada." Only if the person confessed himself for swearing falsely, then he has this additional payment of Chomesh and an Asham. Another case, Heichan Pikdonai. The owner comes to the shomer and says, "Where is my Pikdon?" Amar Loi. And the shomer claims, "Nignav." It got stolen from me. Mashbi'acha Ani. The owner says, "I want

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  1. 0:00We begin at the Mishnah on the bottom of Kuf Khes Amud Beis. Zokef aleichem Mishnah
  2. 3:39to give this back and he says, "Look, it's really mine. I'm the Yoresh here." Oi
  3. 7:18else. And now, that person goes to the brothers and says, "Give me also that portion.
  4. 11:33this individual. So this is after the person passed away. He has no relative that you
  5. 15:16And it makes no difference also if it's for someone else meaning if it's the original
  6. 19:30Akiva's opinion that he could even be my for himself why is that mission only saying
  7. 23:14that it said in the braisa that the ger when he was alive already established it
  8. 26:58giyores. Amar lei R' Avana l'R' Avina, so says to "We have a clear braisa about
  9. 31:04this carbon? So you can give it when you bring this carbon so there's all the
  10. 34:48the carbon for himself. So the tries to answer and says what is this talking about

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