Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Beit Din,  Business,  Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

Did the defendant contribute to the financing of the wall as he claims he did? If we consider his situation to be that of any debtor, he should be believed to claim "I paid my debt" as part of the universal rule that applies to any debtor. Yet the Mishna rules that the Nitba is believed because of a special "chazaka" that he paid his share for the wall. Rashi and other Rishonim work hard to explain the basis for the credibility of the defendant. In this shiur we will analyze both the need for the "chazaka" and the "chazaka" itself, as well as the second case in the Mishna where the plaintiff is belied to claim that the defendant never paid for the wall.