Masechet Bava Matzia 36a: Who brings an אשם & who a חטאת for a false oath?; One Shomer passed on the object to a 2nd Shomer

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Date:
November 01 2016
Length:
1h 1min 1s
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966
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 36a  

Description

The sugya in Masechet Bava Matzia 36a begins by addressing the question: who brings a Korban אשם & who a Korban חטאת for taking a false oath? The sugya dresses this question in the 'garb' of the renter who passed on the cow to a borrower & each put forward the exact same claim supported by a Shavuah. Each lied under oath, but did they hope to gain any money thru the oath & now need an אשם? Or did they hope to gain nothing but must bring a חטאת under the law of שבועת ביטוי? The next sugya addresses the case of one Shomer passed on the object onto a 2nd Shomer, is this abrogation a פשיעה? If it is, must the 1st Shomer pay for אונסין? If it is not, is the 1st Shomer totally out of the picture? Must the owner accept the oath of the 2nd Shomer?

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