For Masechet Bava Metzia 4a-b we will continue analyzing the Kal VaChomer of R' Chiya to establish that the testimony of two witnesses to support half of the claim of the plaintiff generates an obligation upon the defendent to take an oath. Failing to establish this deravation from the oaths of הודאת פיו or a single witness, can we derive two witnesses from a צד השוה, combining two forces & deflecting any פירכא? In the latter part of this shiur we will address the issue of הילך, i.e. when the defendant offers payment on half the claim immediately with his admission. In this case it can be argued that thru הילך we are left with a claim on the other half; vis-a-vis the balance, the defendant is a כופר הכל. Who is a הוחזק כפרן?
Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Orie Shapiro in memory of his parents, Immanuel ben Chayim and Rivka bas Reb Yitzchak and by Judy & Mark Frankel & family in memory of their dear son & brother משה יהודה ז"ל בן מאיר אליהו upon his fifth yahrzeit, and in memory of their dear father מרדכי בן הרב משה יהודה ע"ה and by Shulamith & Joel Cohn & family לזכר נשמת דינה כהן, Diana Cohn
To contact us with any comments, suggestions or requests, please click here
YUTorah ® Online is made possible by the generosity of Marcos and Adina Katz and is coordinated by Yeshiva University's Center for the Jewish Future . It offers more than 240,000 shiurim via webcast in audio, video and text formats by our Roshei Yeshiva and other YU luminaries. The opinions and views expressed are solely those of the author or lecturer and should not be attributed to Yeshiva University.
0 comments Leave a Comment