Description
Today's sugya presents further attempts to prove that we cannot interpret 'an eye for an eye' literally, but rather the חובל pays monetary compensation. In each case the Gemorah presents objections to these various attempts. We will postulate that the Halacha of ממון was transmitted orally to Moshe at Har Sinai. The sugya is searching for a scriptural סמך. The bulk of this shiur will focus on the classification of Rava regarding: which Nezikin can be collected in Bavel? Rava's distinction between (a) a human was victimized, and (b) an animal was damaged, must be understood. The sugya establishes the principle of 'agency' whereby the judges in Bavel 'represent' the expert דיינים סמוכין E"Y. But not in cases of קנס or rare situations.
0 comments Leave a Comment