Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Bava Kamma 

Halacha:

Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 61b ,  Bava Kamma: 62a ,  Bava Kamma: 62b  

Description

In this shiur for we will complete the 6th Chapter 'HaMeniach' with a study of the exemption of hidden objects (טמון) that were burned by fire. An analysis of the controversy between R' Yehuda & Chachamim will require that we determine the boundaries of this debate. When & why would R' Yehuda admit that there is no payment for hidden object? And visa versa, when & why would the Chachamim admit that the creator of the fire must pay even for the burning of concealed objects? This will lead to a fundamental issue in the laws of Choshen Mishpat: what if the defendant was misled re: the genuine value of the object for which he is responsible? Does he pay the full value of the object or is he only responsible based on his impression of its value?