Bava Batra 23b: Learning the Mishna of a bird found near a coop

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Date:
March 27 2012
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58min 11s
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Venue: YU Torah MiTzion Beit Midrash Zichron Dov YU Torah MiTzion Beit Midrash Zichron Dov

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Collections: Rabbi Berzon: Bava Batra

Description

This is an introduction to the Sugya of Rov & Karov, and addresses the question: which evidence determines the Halacha, majority or proximity? A bird is found near a coupe but there is another coupe which although further away than the first, has more birds than the closer coupe. We will study Tos' "Chutz" and analyze the rule that excludes Rov in monetary law. By applying this rule in the case of a found bird located more than 50 Amot from the coupe, we should be required to return the bird to the owner of the coupe. Yet the Mishna establishes that in this case case the finder keeps the bird based on Rov! Tos' establishes that under some circumstances Rov is reliable even in monetary cases. This will require an understanding of "Chazaka".

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