Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

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

Collections: Rabbi Berzon: Bava Batra

Description

Rav Akiva Eiger is bothered by the fact that the Mishna needs a new "Chazaka" to establish the credibility of the defendant, and the universal credibility to the claim "I paid you what I owed you" is not established. He answers that the Mishna wants to upgrade the credibility of Shimon from that of "safek" to that of "vadai" to cover a case where the stones fell into the yard of Reuvain. In this shiur we will attempt to analyze the insight of Rav Akiva Eiger and to offer an alternative answer to the problem he raises.