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
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39min 1s
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Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

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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