Masechet Bava Kamma 84a-b: Further attempts to prove that we cannot interpret 'an eye for an eye' literally; Which Nezikin can be collected in Bavel?

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Date:
August 24 2016
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1h 36min 23s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 84a Bava Kamma: 84b  

Description

Today's sugya presents further attempts to prove that we cannot interpret 'an eye for an eye' literally, but rather the חובל pays monetary compensation. In each case the Gemorah presents objections to these various attempts. We will postulate that the Halacha of ממון was transmitted orally to Moshe at Har Sinai. The sugya is searching for a scriptural סמך. The bulk of this shiur will focus on the classification of Rava regarding: which Nezikin can be collected in Bavel? Rava's distinction between (a) a human was victimized, and (b) an animal was damaged, must be understood. The sugya establishes the principle of 'agency' whereby the judges in Bavel 'represent' the expert דיינים סמוכין E"Y. But not in cases of קנס or rare situations.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Elliot and Nechama Rosner in memory of their dear brother, Rabbi Howard (Zvi) Rosner and by Avi & Aleeza Lauer, Mordechai & Astrid Leifer and Joey & Tina Orlian commemorating the 36th yahrzeit of their dear friend Gary Slochowsky, a'h and by Ezra & Millie Fried l’zecher nishmat שרה גואל בת אברהם, Gitta Ackerman and by Joshua & Amy Fogelman and Family l’ilui nishmat Dr. Harold Fogelman, חיים צבי בן ברוך ז“ל