Bava metzia 17a-b: do we trust the defendant's claim 'I've already paid up'?; The status of תנאי בי"ד

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Date:
October 14 2016
Length:
1h 17min 12s
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2
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997
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Metzia 
Halacha:
Choshen Mishpat,  Nezikin,  Shtarot 

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 17a ,  Bava Metzia: 17b  

Description

Amonst the many sugyos on this daf in Bava metzia, we have the issue of: do we trust the defendant's claim 'I've already paid up'? For example, the lender received the final verdict from the Beis Din that he indeed owes the lender $. Can the borrower claim that he hastily fulfilled the mandate of the court & paid his debt? We will discuss the case of one who finds a Shtar, can he return it to the lender even if the borrower denies the loan or claims he's already paid up? We will discuss the status of תנאי בי"ד in the case of a Ketuba. Must she produce the actual Ketuba document in order to override the claim of the husband that he's already paid? What about a local where they don't write an actual ketuba document? Or a widow from אירוסין?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Nechama and Elliot Rosner in memory of their dear father, Irwin Rosner and by Barbie and Ira Taub to commemorate the yahrzeit of Paul Taub, Pesach Ben Yisroel Tzvi Hirsch and by Dr. Harris and Elisheva Teitz Goldstein l’zecher nishmos his parents, Rabbi Dr. Noah Goldstein, HaRav Noach ben Yitzchak David zt’l, and Beverly Goldstein, Bayla bas Noach Ze’ev z’l, on their yahrzeits this week.