Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra,  Shevuot 

Halacha:

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

Collections: Rabbi Berzon: Bava Batra

Description

When & why do we need this principle? In the case mentioned in our sugya the defendant admitted that he owed the money then when the plaintiff sued him for payment he changed his tune and denied that he ever took the loan. The verdict: he must pay, and the simple explanation is that he has no claim that he paid, yet the original admission that he took the loan stands. Yet the Sugya need to evoke a new principle, established in Masechet Shvuot, in order to justify the final verdict. All the Rishonim are baffled by this, and each offers his own solution with his own formulation. This shiur will analyze the principle of "metartzinon Dibura" - the attempt to re-interpret his last claim & reconcile it with his original one.