Masechet Bava Kamma 97a: Overlap of two principles, זה נהנה וזה לא חסר, and מיחזי כריבית

Speaker:
Ask speaker
Date:
September 20 2016
Length:
1h 52s
Downloads:
1
Views:
418
Comments:
0

Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 97a  

Description

Our sugya in Masechet Bava Kamma 97a addressesthe overlap of two principles, זה נהנה וזה לא חסר, and מיחזי כריבית, in the case of a מלוה who took possession of the Eved of the לוה and enjoys the monetary benefit of the Eved's work. Although the Malveh cannot be forced to compensate the Loveh if the work was done during the time when the Eved is not working for his Master (i.e. the לוה), nevertheless there may be an issue of ריבית since in addition to monies payed back to him to repay the loan, the לוה has "paid" additional value in the form of the work of the Eved.

    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 Gabriel Pollack in honor and appreciation of Rabbi Dr. Dov & Dr. Sherri Levine for all of the chesed that they do for others