Masechet Bava Matzia 27b Part II: Identifying a dead body based upon a wort; why did the Rabanan establish that we return an Aveidah with סימנים?

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Date:
October 24 2016
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1h 1min 5s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 27b  

Description

We seek to complete Masechet Bava Matzia 27b which we began in the previous shiur. The sugya of the status of סימנים, i.e. does the Torah recognize the reliability of identification based on an unusual distinguishing mark? We will study the question of the possibility of identifying a dead body based upon a wort or a lesion in order to permit the wife to remarry. The sugya continues and addresses the question: if Simanim are valid only MiDerabanan, why did the Rabanan establish that we return an Aveidah with סימנים? Was this a favor for the owner to the detriment of the finder, or just the reverse? At the end of the day Rava concludes that Simanim DeOraisa and the issue of a wort is a different one. Why do we return found documents?

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