Bava Batra 5a-5b: When & why must the defendant pay for the wall? Part III & Intro to one who claims he paid before the loan was due, Part II

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Date:
December 11 2011
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1h 11min 15s
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Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

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Collections: Rabbi Berzon: Bava Batra

Description

The Sugya proves from the first part of our Mishna that one is believed to claim he paid before the loan was due. In the Mishna, Shimon claims he paid Reuvain for the building of the wall up to 4 amot before the wall was complete. But how would Abaye & Rava understand this credibility of Shimon, wouldn't they agree that no one would pay before his obligation has emerged? This indeed is the approach of Tos' to the Sugya. In this shiur we will try to develop an alternative approach based on Rabbenu Yona & the Ritva. We will examine a number of Tosfotim on the Sugya with their commentaries.

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