Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

This shiur will analyze the Mishna according to the opinion that maintains Hezek Reiya Lav Shmey Hezek. The Ran claims that if we require witnesses to testify that both Reuvain and Shimon committed themselves to build the wall as Rabbein Yona and the Rashba insist, then in the case of a courtyard - as in the case of field - the instution of "chazit" should apply. The Mishna omits "chazit" in the case of a courtyard, and this proves - claims the Ran - that no witnesses are required to establish the claim of Shimon that he too participated in the building of the wall. This shiur will attempt to clarify the Ran's logic. The Ran further claims that there is an assumption that the wall was built by both Reuvain & Shimon. Why?