Withholding a Worker's Wages - On Second Thought with Rabbanit Yafit Clymer
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Bava Metzia 111 112 113 Learn more on hadran.org.il

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Bava Metzia 111 112 113 Learn more on hadran.org.il
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Metzia general concept: Mashkon In this shiur, we will examine some of the limitations that the Torah places on lenders towards those who borrow money from them through the halakhot of mashkon. This will give us a sense of how lending money is meant to be a type of tzedakah rather than a cold business transaction. Sources Dr. Elana Stein Hain – dinanddaf@hadran.org.il...
Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Bava Metzia 112 Why does a contractor collect his wages via an oath? Why not believe the employer? The gemara explains that an employer is readily confused and doesn't remember who has been paid, and is therefore less trustworthy. Tosafot is extremely troubled by this sugya, and is left without an answer. What is Tosafot's concern? What answers have been offered, and how is all of this connected to t...
Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Bava Metzia 104 While we left behind the laws of loans and interest a few weeks ago, our perek gives us an opportunity to turn back and understand one of the mechanisms that allows for us to follow the prohibition of ribit (interest) in a functional modern economy. What is heter iska? How can I take out a mortgage or incur credit card debt without violating the issur of ribit? Join us as we explore t...
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Bava Metzia 104 Learn more on hadran.org.il
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain חזקת מרא קמא source sheet BM 100 Of the many principles afforded by the Gemara about how to resolve property disputes, perhaps the most surprising is what’s known as חזקת מרא קמא, presuming that the property still belongs to the person who originally owned it even if it is no longer physically there! What is the logic behind this principle? What can it teach us about presumptions about the reality? Abo...
Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Bava Metzia 100 The Mishnah says that when someone exchanges a pregnant cow for a donkey and there is doubt as to whether the cow gave birth before or after the transaction, the two parties split the value of the calf, and no one is required to take an oath. But in the beginning of our masekhet, we learned that when in doubt about the ownership of a garment that two people are holding, they divide it...
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain source sheet BM 90a In discussing the prohibition of muzzling an animal as it does farm work, the Gemara asks whether one may ask a non-Jew to muzzle the animal and work it instead. What is the logic behind the prohibition to ask a non-Jew to perform an action for a Jew that the Jew herself may not perform? Questions? Comments? Email dinanddaf@gmail.com...
Gefet: Gemara, Perushim and Tosfot An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 80) Bava Metzia 86 In its discussion of provisions for workers, the gemara speaks about Avraham's seudah and notes that the angels didn't actually eat there. Tosafot is surprised, and says that this is up for debate! So who is it who thinks that the angels really ate, and why would someone say something so bizarre? Join is for this unique Gefet, which bridges halakha and ...
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Sources Bava Metzia 85-89 Learn more on hadran.org.il
Gefet: Gemara, Perushim and Tosfot An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 79) Bava Metzia 72 75 Are witnesses who testified about a loan with interest considered valid? The Mishnah at the end of the perek clarifies that witnesses violate the lav of "lo tesimun alav neshech" , and Tosafot explains that sometimes they also violate the prohibition of "lifnei iver". In light of our sugya, it's difficult to understand how the gemara on Daf 72 says t...
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain source sheet What are the principles upon which the heter iska is built? How do we understand the role of legal circumvention in upholding Jewish law and life? Questions? Comments? Email dinanddaf@gmail.com For more on Chazal’s legal circuvmentions, check out my new book, Circumventing the Law. It’s available here at 30% off with discount code PENN-ESHAIN30...
Gefet: Gemara, Perushim and Tosfot An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 78) Bava Metzia 64 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha SOURCES Learn more on Hadran's website
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Sources Bava Metzia 70-80 Learn more on hadran.org.il
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain source sheet Similar to ona’at mammon, in which neither the consumer nor the seller may perform it (consumer can’t underpay; seller can’t overcharge), the prohibition of taking interest applies to both borrower and lender (borrower can’t give it; lender can’t charge/accept it). How does this factor impact our understanding of what the prohibition of interest ( ribit ) is all about? Dr. Elana Stein Hain – d...
Gefet: Gemara, Perushim and Tosfot An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz What have we learned from the story of Akhnai's oven? The Tosafot teaches us new things and challenges what we previously knew. Bava Metzia 59 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha
Din & Daf: Conceptual Analysis of Halakha Through Case Study source sheet The gemara in Bava Metzia 58b states that oppression with speech (ona’at devarim) is a greater sin than oppression with finances (ona’at mammon). One reason given is because while the latter affects money, the former affects the “self.” This distinction is well-worn among Chazal, both in terms of protecting/harming someone’s possessions vs. their person and in terms of using one’s own possessions vs. one’s own person t...
Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz As we approach Pesach, we'll look together at the sugya of " Mi ShePara, " and will explore how, throughout the laws of transactions and the laws of shomrim, the words that we say become both ethically and legally meaningful even before legal action has been taken. Can words alone obligate me? Sources Bava Metzia 49 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in c...
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain source sheet The Gemara describes ona’at mammon as overcharging (or underpaying) for portable items. This seems far afield from the description of ona’ah in the Torah (Vayikra 25). What does the discrepancy between the two tell us about the various dimensions of ona’at mammon? Dr. Elana Stein Hain – dinanddaf@hadran.org.il...
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Sources Bava Metzia 48 Learn more on hadran.org.il
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Masechet Sources Bava Metzia 42 Learn more on hadran.org.il
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Din & Daf: Borrowing without Permission: Why is it Problematic? Bava Metzia 41, 43 source sheet The Gemara in BM 41a and 43b claim that one who uses another person’s items without permission is a thief and she is liable for damages if someone happens to the item even after she finished using it! Why should this be so, especially where the “borrower” returned the item to where she found it before anythi...
Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz A shomer sachar (paid guardian) digs a hole deep in the ground to bury the money that he is safekeeping -- and then the money is stolen. Is he liable? What do you think? Explore a heated debate among the Rishonim that emerges from Tosafot on our Daf. Bava Metzia 42 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha...
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Negligence, followed by unavoidable interference: Who’s at fault? Dr. Elana Stein Hain – dinanddaf@hadran.org.il source sheet Bava Metzia 36a-b discusses the concept of תחילתו בפשיעה וסופו באונס, damage that resulted from a process that began with negligence but most immediately was caused by unavoidable interference. Should the person who was negligent originally be liable for compensation, does the unavo...
Gefet: Gemara, Perushim and Tosfot An in-depth (Iyun) Gemara shiur with Shalhevet Schwartz This week, we will address the question of when a litigant can take back voluntary commitments that he took upon himself in beit din. In general, beit din is a place where judges act coercively, but sometimes a litigant is willing to take on commitments beyond those of the black letter law -- in such cases, do those litigants have the option to back out? Sources Bava Metzia 34...
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Masechet Sources Bava Metzia 33-34 Learn more on https://hadran.org.il/
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Metsia 30b source sheet The Gemara introduces the concept of lifnim mi-shurat ha-din , often described as going above and beyond the letter of the law. But what does this category actually mean? Does this mean that a person can choose whether or not to do it? If so, what are the ramifications of that? And if it can be forced, who can and enforce it, and how is it still considered going beyond the lett...
On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Source Sheet Bava Metzia 23
Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni If I find a coat out on the sidewalk and try to return it to its rightful owner, do I have to keep it in my home until Eliyahu comes, even if it’s clear that its owner has given up on it? According to the Ramban in our sugya, the answer to that question is “yes.” Why would the Ramban think so? And why would our sugya refer to a good man, someone who is trying to return lost objects, as though he picke...
Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Acting in Someone Else’s Interest without their Knowledge - זכין לאדם שלא בפניו Source sheet We have seen a few mentions of the principle that one may effectuate binding transactions on someone else’s behalf without the latter’s knowledge. How does this work? What does this tell us about human interest and about human connection from a legal point of view? Dr. Elana Stein Hain – dinanddaf@hadran.org.il...