Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra,  Bava Metzia 

Halacha:

Choshen Mishpat,  Hashavat Aveidah,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

The mishna establishes that if the bird is found outside the 50 Amot radius of the nearby coop, the finder keeps the bird. Is there a din of Karov even beyond that radios? Tos' apparently assumes there is, and he posits a Rov against the Karov to justify the law of the Mishna. Then Tos' evokes the principle that Rov does not determine the law in the realm of monetary disputes. Why then does the finder keep the bird for himself? Tos' answers that in this case there is no Muchzak & Rov reigns supreme. In this shiur we will investigate two approaches to understand the logic of Tos' in his question & answer, and try to answer the question of the Rashash.