Bava Batra 5b: The borrower claims he paid before the due date, Migu vs. Chazaka, Tos' Part II

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Date:
December 15 2011
Length:
39min 1s
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Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:
Bava Batra,  Yevamot 

Collections: Rabbi Berzon: Bava Batra

Description

What lies at the heart of the Safek of the Gemorah "does migu beat out chazaka"? Would the case in Yevamot 101b where she demands chalitza and she should be believed with a migu against the chazaka, be analogous to our Sugya? What about Rami bar Chama in the case of the shtar in the hands of the mafkid & the nifkad claims I returned the object to you? Is that case comparable to ours since the nifkad has a migu but he contradicts the chazaka of "shtarcha beyadi mai baiy"? These and other issues will be addressed in this shiur.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Rabbi Shlomo and Mimi Appel in memory of Rabbi Dr. Gersion and Miriam Appel and l'ilui nishmat Reb Meir ben Reb Noori HaKohen z"l and by Ilana & Moshe Wertenteil in memory of Louis Wertenteil and Joyce Fein