Masechet Bava Metzia 2a-b: Dividing property with two equal claims & do we need an oath?

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Date:
September 28 2016
Length:
53min 56s
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491
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Metzia 

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 2a ,  Bava Metzia: 2b  

Description

We begin Masechet Bava Metzia and address the issue of two equal claims on an object of value, do we divide the object? Do we need that each litigant take an oath to support his claim? Our sugya will analyze the possibility of one possessing a lost item with 'seeing' the object. But why would seeing be sufficient? Don't we always require a Kinyan act? The balance of the sugya analyzes the authorship of our Mishna. Can Ben NaNas accept the possibility of Beit Din administering two shavuot (oaths) knowing that by definition one oath will be false? Can our Mishna be reconciled with Sumchus who splits the object without requiring an oath?

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    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