Masechet Bava Kamma 61b-62b: The exemption of hidden objects that were burned by fire, the controversy between R' Yehuda & Chachamim

Speaker:
Ask speaker
Date:
August 01 2016
Length:
1h 10min 18s
Downloads:
5
Views:
370
Comments:
0

Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Kamma 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 61b ,  Bava Kamma: 62a ,  Bava Kamma: 62b  

Description

In this shiur for we will complete the 6th Chapter 'HaMeniach' with a study of the exemption of hidden objects (טמון) that were burned by fire. An analysis of the controversy between R' Yehuda & Chachamim will require that we determine the boundaries of this debate. When & why would R' Yehuda admit that there is no payment for hidden object? And visa versa, when & why would the Chachamim admit that the creator of the fire must pay even for the burning of concealed objects? This will lead to a fundamental issue in the laws of Choshen Mishpat: what if the defendant was misled re: the genuine value of the object for which he is responsible? Does he pay the full value of the object or is he only responsible based on his impression of its value?

    More from this:
    Comments
    0 comments     Leave a Comment
    Title:
    Comment:
    Anonymous: 

    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Larry Adler & Joan Presby in honor of Rabbi Yitzchak Etshalom's YUTorah shiurim and by Benjy Owen in memory of Sam Owen, Shemuel Reuven ben Yehudit Rachel and by Fran & Jerry Weinberg l'ilui nishmot Yaakov Yosef ben Moshe Ahron and Sheindel Perel bat Moshe