Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Bava Metzia,  Sanhedrin 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: R' Berzon Sanhedrin 2017

References: Sanhedrin: 24b  

Description

Masechet Sanhedrin 24b: The great debate between Rashi & Rabenu Tam re: defining אסמכתא, and its impact on the controversy between Rami & Rav Sheshes regarding the P'sul of משחק בקוביא. Rashi identifies Asmachta as הדבר בידי לעשות. He never had intention of making the payment. Rabanu Tam comes up with the opposite conclusion, i.e. in the case where one depends upon others, this is Asmachta. Wine is a commodity which - during the 'slow' season sells cheap - but it's not definite that a seller will agree to sell his wine during that season. The Ba'al HaBayit commissioned his agent to purchase wine during the בציר season and the agent will be penalized if he delays making the purchase and the price was high. The Gemorah considers this אסמכתא.