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Torah · 44:26

Bava Metzia 35

137 views · Apr 2, 2024

Rabbi Oster Gemara Shiur

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We begin today the Gemara on daf lam alef amud bet, in the middle of the amud, where it says "Amar Rav Huna". So, the Gemara continues with the halacha of a person that has a pikadon in his possession. The Mishnah was speaking about the case where a person decides that he's going to pay even if he can patter himself, he's a shomer chinam, and he can claim that it got lost and then swear that it got lost and he'll be patter, but he decides he's paying for it. So, on this Rav Huna comes and explains "Amar Rav Huna, even in this case where he's paying, mashbi'in oso shvu'a she'eina bireshuso". But, nevertheless, we have him swear that he doesn't have it in his possession. My timer, why does he have to swear that he doesn't have it? Chasheinan, because we're concerned when he offers to pay, "Shema eino nosno ba". eyes upon it, meaning he has it in his possession and he likes it, he wants to keep it. So, he just claims that it got lost and he pays the owner for it and then he's really keeping it for himself. So, we have to have him swear that he doesn't have it. Maisvei, the Gemara asks on this halacha of Rav Huna from a Mishnah in maseches

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  1. 0:02We begin today the Gemara on daf lam alef amud bet, in the middle of the
  2. 4:24the of the claim of the Malva. There's another two cases over here that this Mishna
  3. 9:12loiveh the one that's a might of the miktzas. And the gemara brings a case again,
  4. 13:23whoop you swore falsely. But we have Adam that it got burnt. So this answer doesn't
  5. 18:03regarding the value of this mashkin and the Malva didn't swear yet that he doesn't have
  6. 22:13you're saying that the reason why there's a mistrust between the loiva and the malva, the
  7. 26:58The lawyer had only have nothing didn't even answer me at all for my question. Now,
  8. 31:04about collected this property and now this malveh himself he also owed money to someone else
  9. 35:56willingly came and offered and he didn't make the malveh go to Bezden and go through
  10. 40:10show you all come and swear to the owner that he rented it from that it

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