Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Bava Metzia,  Kiddushin,  Shabbat 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Kibud Av v'Aim,  Nezikin 

Collections: Rabbi Berzon: Vahavta Lreiecha kamocha

Description

On the difference between Chok and Mishpat: in mishpat, although we may appreciate its underlying moral goal, nethertheless, the operating Halachik principles are generated by the Absolute Divine Law. These principles are not necessarily intuitive, but represent the Gezerat HaKatuv of the mishpat. Example: the law that in the obligation to pay damages for Bor (ditch), the Halacha exempts Bor from paying for the loss of utensils or garments. The challenge is to formulating the underlying rules and applying them to every situation. We may not understand the reason for the rule; it does not reflect human logic. We use Svara to formulate & define the principles. The wisdom of Nezikin is unique, exciting & challenging. It reflects the mishpat.