Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

Today's shiur will analyze the 3 answers to Tos' question as to why Reuvain cannot counter against Shimon by claiming "I'm not damaging you by laying down my Gefet contiguous to your boundary since I can remove my Gefet later on when you decide to erect your wall"? We will compare the premise of Tos' question to the first and second answer of Tos' and explore the possibility of the Ri Ba'al HaTos' breaking new ground in the definition of the Halacha of Harchakat Nezikin. We will suggest another approach which will address the difference between Tos' in his question and the Ri in his answer from the perspective of the universal rules that govern monetary law. When does the plaintiff have the right to sue the defendant?