Today's shiur will analyze the 3 answers to Tos' question as to why Reuvain cannot counter against Shimon by claiming "I'm not damaging you by laying down my Gefet contiguous to your boundary since I can remove my Gefet later on when you decide to erect your wall"? We will compare the premise of Tos' question to the first and second answer of Tos' and explore the possibility of the Ri Ba'al HaTos' breaking new ground in the definition of the Halacha of Harchakat Nezikin. We will suggest another approach which will address the difference between Tos' in his question and the Ri in his answer from the perspective of the universal rules that govern monetary law. When does the plaintiff have the right to sue the defendant?
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