Masechet Bava Matzia 33b, 34a-b: Beginning the 3rd Perek, does the Shomer acquire the קנס if they locate the thief?

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Date:
October 29 2016
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1h 38min 5s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 33b Bava Metzia: 34a Bava Metzia: 34b  

Description

We will study Masechet Bava Matzia 33b, 34a-b and begin the 3rd Perek. Does the Shomer acquire the קנס such that if they successfully locate the thief the latter pays Kefel, etc. to the Shomer? If so, why? How & when does the Shomer acquire the Kefel? Why isn't this acquisition a דבר שלא בא לעולם? Who owns the shearings & the calf if the cow gives birth, the Mafkid or the Shomer? What if the Shomer is willing to pay but has not as yet done so? What if there is clear evidence to obligate the Shomer to pay but the Shomer is willing to settle out of court? We will study a long list of 11 scenarios which end in a Safek, a Teku.

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