[Who's Who: Rabban Gamliel and Tavi] The case of witnesses and admission, and when in that timeline one's obligation to pay a fine kicks in. Plus, the involvement of the court in the payment, and how far the court (and the witnesses) can go in charging the penalty. Plus, the thief's admission. Also, the different functioning of admission, and whether it gets one out of paying or ropes one into paying more.
Jan 16, 2024•21 min•Season 21Ep. 75
More on the disagreement between Abaye and Rava on the Mishnah from 70a. The daf then shares a new Mishnah which is the inverse of the Mishnah on 70a.
Jan 15, 2024•20 min
Rabbi Yosi's opinion on the witnesses who saw the theft and the slaughter or sale. Plus, a conversation about the generations of dispute in this arena. Also, Rava on the potentially conspiring witnesses.
Jan 14, 2024•16 min•Season 21Ep. 73
More on the halakhot about slaughtering an animal that was stolen or consecrated, but slaughtered in the wrong place in the Temple - such that the slaughtering itself considered the very last moment, because otherwise, the act that is considered the moment of slaughtering would complicate the prohibitions against certain animals, like one stolen or consecrated. Also, a new mishnah: When a person steals an ox or a sheep - and there are witnesses to that effect, and also to the fact that the thief...
Jan 13, 2024•23 min•Season 21Ep. 72
The daf discusses a three way disagreement between Rabbi Meir, Rabbi Yehuda, and Rabbi Yochanan HaSandlar on the status of food cooked on Shabbat and how it relates to our case of slaughtering on Shabbat. Rava tries to understand the case if a stolen ox owned by two people but the thief increases his crime to only one of the owners.
Jan 12, 2024•18 min
A practice from Neharde'a - where writing a document of agency or power of attorney was not permitted. (With the discussion of what the issues were) Also, a new mishnah - about stealing and then slaughtering it, when does one need to pay the penalty of the 4 or 5? Including the return of "kim leih be-derabbah minei" - when one I'd only given the harsher punishment for two violations in one act.
Jan 11, 2024•26 min•Season 21Ep. 70
More on R. Yochanan's position... and attempts to determine whether he really held the position ascribed to him. With a counter from chases in another mishnah: kerem revai, orlah, graves - all of which were demarcated spaces so that people wouldn't fall into violations of impurity on the one hand, but theft on the other (which leads back to R. Yochanan). Also, more on those pious, righteous, discreet people who would act to deconcretize to protect the ignorant from stealing... in this case, taki...
Jan 10, 2024•26 min•Season 21Ep. 69
Selling a stolen animal and the penalty incurred during the time when the owner is or is no longer hoping to get the animal back - subject to a machloket on whether the despair of the owner getting the animal back. The extra 4 and 5 payment only kicks in once the theft is "forever." After despair, the thief takes full possession, and the original owner is compensated. There is an important discussion here regarding whether the animal is sold or slaughtered. Plus, note R. Sheshet's view and R. Na...
Jan 09, 2024•24 min•Season 21Ep. 68
Is a changing an object a mechanism by which someone can acquire an object or does it always maintain its identity as the original object? Why does the rule of fourfold and fivefold payment only apply to the sheep and ox?
Jan 08, 2024•19 min
How a thief acquires a stolen item, via the thief's changing the item or the despair of the owner that it will never be recovered (the thief still has to compensate the owner for the item). Plus, Abaye's arguments against the impact of despair on the thief's taking possession of that which he has stolen. Also, the difference between a "ganav" (who steals with stealth) and a "gazlan" (who steals brazenly), and which is more likely to cause despair.
Jan 07, 2024•21 min•Season 21Ep. 66
When the thief pays back what he owes plus the double, is the value assessed from the time of theft, or from the time of judgement? What if the value of an animal stolen increases? Also, what about the stolen item undergoing significant change while in the possession of the thief? That process means that the thief actually acquires the stolen item. But this is difficult. The thief comes out ahead! Plus, a comparison to Yaakov in the house of Lavan.
Jan 06, 2024•16 min•Season 21Ep. 65
What do the different animals mentioned in the verse teach us about these categories of theft? Also, the question of whether the main case in the verse is theft or a custodian who claims theft - which makes a real difference - and the two interpretations are read through every detail.
Jan 05, 2024•19 min•Season 21Ep. 64
What happens when a person comes to collect the item that another US safeguarding, and the guardian says - it was lost (or stolen). The guardian can be asked to swear to the veracity of his claim. But then other means (witnesses) attest to the fact that that claim was a lie. What kind of compensation does he have to pay the owner? Also, an investigation into baraitot that teach the handling of a thief - if he's found or not. And running through the text, the ongoing dispute whether the case is a...
Jan 04, 2024•19 min•Season 21Ep. 63
The case of one who gives a gold coin to a woman, and tell her that it is silver - what is she obligated to pay if it's damaged? Or lost or stolen? Given that she has no idea that the coin is gold (maybe she wouldn't have agreed to watch over a silver coin). Plus, some confusion by Rav about R. Yehudah's teaching. Also, 2 new mishnayot, one to end the chapter, and another to begin the new chapter. Reconnecting to Chanukah candles and the damage caused by fire - flax on a camel and a shopkeeper's...
Jan 03, 2024•25 min•Season 21Ep. 62
Several mishnayot. Beginning with more on fire, if it crossed a public road, a river, a wall - barriers that usually prevent the spread of fire. With a delving into issues of the wall. Plus, recognizing different kinds of fire. Also, fire set on another's property. And what about if that fire destroys things that were hidden, such that the fire-setter wouldn't have known to expect them to be there? It's a machloket if he has to pay.
Jan 02, 2024•18 min•Season 21Ep. 61
A Mishnah describes the ways in which someone is liable for damages caused by fire. Rabbi Yitzchak Nafcha gives an aggaditc and halachic interpretation of Shemot 22:5. The daf also shares a halachic inquiry from King David leaving the learner to ask what can be learned from this question?
Jan 01, 2024•22 min
More on R. Nachman's assessment of damages for the chopped-down tree, and his arrival at one-sixtieth of the value. Plus, the story of wearing black shoes like a mourner in the home of the exilarch, and how it can be a sign or piety or arrogance. With a test case to determine the difference going back to this kind of 1/60th. Also, 2 mishnayot about damage to one's produce in another person's yard, or as brought to the threshing floor, plus fire in the hands of those who can't be responsible enou...
Dec 31, 2023•15 min•Season 21Ep. 59
An animal that wanders into someone's private property and causes damage - the owner of the animal is liable. But if the animal caused damage because it gave birth, that is a case that begins with negligence, but the damage is because of an accident, as it were. Perhaps that means the animal's owner is exempt from paying because the damage was unavoidable. Or should the owner have guarded the animal even more carefully? Also, the case of a person who cut down a date palm, one of three in a littl...
Dec 30, 2023•12 min•Season 21Ep. 58
The daf explores a disagreement between Rabbah and Rav Yosef over the status of person watching a lost object. Rabbah compares this to a Shomer chinam who is not liable if the object is lost or stolen. Rav Yosef compares this to a Shomer Sacher who would be liable if the object is lost or stolen.
Dec 29, 2023•14 min
4 violations for which a person is not liable in the human court, but the heavenly count will take an accounting. Also, specific treatment of some of the cases in the mishnah regarding liability - if a sheep enclave has been broken, whether by robbers or animals, the owner of the sheep is exempt from any damage they might cause. If robbers stole the sheep, then the robbers are responsible for their damage. If one designates a shepherd to care for thr sheep... how far does his responsibility go? ...
Dec 28, 2023•23 min•Season 21Ep. 56
An apparent tangent about why the first account of the Ten Commandments in the Torah has the word "good," and the second account does not. Plus, if you see the letter tet in a dream (with some caveats), it means good will befall you... Also, the 5th perek, with a new mishnah - what happens when one's sheep are damaged? We seem to have moved on from the oxen, at least in part, and the concerns are different, specific to the animal. And not only because they don't have horns to gore.
Dec 27, 2023•17 min•Season 21Ep. 55
The Gemara discusses the case of a blind or deaf Ox that causes damages. Then a new Mishnah that teaches there are eight times in the Torah where a specific animal is mentioned in relation to a law but the law applies to all animals and birds. The Gemara questions when the word Kol is used is it to be understood as inclusionary or part of a generalization, specification, generalization sequence.
Dec 26, 2023•17 min
Rabbi Natan has an interesting calculation for damages when both the ox and pit are responsible. Rava discusses a case where the damagers are person, ox, and pit and all the different types of damages each one needs to pay or is exempt.
Dec 25, 2023•16 min
A pit and its passersby - where one person covers a cistern, the next person does not...who's liable? And at what point is the owner's covering of the pit recent enough to make him exempt from paying damages? What happens if a pit is open because it is being expanded, and the noise of the construction startles an ox so it falls into it - the owner will be liable (or not), depending on which direction it falls in. If the animal falls on the vessels it is carrying, then the owner of the put is not...
Dec 24, 2023•19 min•Season 21Ep. 51
A case of an ox that falls into a 6-tephachim deep irrigation ditch, which injured it, perhaps fatally. Plus, a new mishnah about a pit that has 2 owners - and their respective liabilities. Where the order of their actions makes a difference in terms of obligation to pay. And which ends up being a very specific case. Also, the discussion shifts to filling bottles with water that they both can draw and then the old discussion of "bereirah," designations that help define responsibility.
Dec 23, 2023•19 min•Season 21Ep. 51
The dad shares a very well known story about Nechuyna who dug ours and how Rabbi Hanina Ben Dosa saves his daughter. A new Mishnah explains more halachot about the digging of pits. The Gemara then discussed a disagreement between Rav and Shmuel about what actually is the cause of death when a person or animal falls into a pit and the answer is surprising!
Dec 22, 2023•22 min
A new mishnah, this one more challenging, in that it deals with miscarriage (and women in general). A person hits a woman and she miscarries, he pays her husband accordingly. What happens when the damage is done by an ox? How is the value of the lost pregnancy evaluated? With difficult elements... Also, the Gemara in this mishnah - addressing the question of assessing the value of the fetus (or rather, the value of the woman who has miscarried). Probing the question of whether the woman's value ...
Dec 21, 2023•24 min•Season 21Ep. 49
The Daf discusses a statement by Rava that if an Ox crouches and causes damage the owner is exempt from paying damages. Kofer appears again on this Daf with a discussion of three interpretations of the Mishnah’s statement that if the ox falls into a pit and kills the homeowne’s father or son the owner of the ox pays kofer.
Dec 20, 2023•19 min
What happens if someone brings property into someone else's private domain, without permission, then the homeowner is exempt from paying for any damage to that property. With all expected ramifications... Permission to be there makes a difference, but what if the owner didn't watch his property well? Also, if one brought produce I to another's domain and the homeowner's animal was injured - by slipping on the produce or by eating it, there are many questions regarding liability - and who is resp...
Dec 19, 2023•21 min•Season 21Ep. 47
Chapter 5, and its opening mishnah: If an ox (a "tam" ox) gores a cow, and the cow was pregnant and the calf is found outside of the cow, is that because of delivery or because of the goring? With real implications for paying damages. And vice versa, if a cow gored an ox and delivers a calf (or it was aborted because of the goring). Plus, turning to Somchos's view of disputed property being divided between the claimants vs. the majority view that the burden of proof is on the one claiming he's d...
Dec 18, 2023•14 min•Season 21Ep. 46
