Masechet Bava Kama 75a-b: מודה בקנס ואח"כ באו עדים

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Date:
August 15 2016
Length:
1h 23min 39s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 75a Bava Kamma: 75b  

Description

For Masechet Bava Kama 75a-b we will study the controversy between Rav and Shmuel re: מודה בקנס ואח"כ באו עדים. Whereas Shmuel has only one Halacha of confession of קנס, i.e. that Beis Din can only establish a Chiyuv if they have the evidence of the testimony of two witnesses, Rav has a second Halacha - derived from an additional verse in the Parsha of Kefel - namely, הודאה הפוטרת, a confession that 'actively' undermines the Chiyuv Knas from its roots such that even if witnesses testify subsequently he remains פטור. We will investigate a # of possible explanations for this 2nd Halacha. We will see versions of a discussion bet R' Gamliel & R' Yehoshua re: the admission of the former that he ws responsible for taking out the eye of his Eved.

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