Masechet Bava Metzia 2a-b: Dividing property with two equal claims & do we need an oath?

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Date:
September 28 2016
Length:
53min 56s
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334
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Collections: R' Berzon Daf Yomi Bava Metzia

References: Bava Metzia: 2a Bava Metzia: 2b  

Description

We begin Masechet Bava Metzia and address the issue of two equal claims on an object of value, do we divide the object? Do we need that each litigant take an oath to support his claim? Our sugya will analyze the possibility of one possessing a lost item with 'seeing' the object. But why would seeing be sufficient? Don't we always require a Kinyan act? The balance of the sugya analyzes the authorship of our Mishna. Can Ben NaNas accept the possibility of Beit Din administering two shavuot (oaths) knowing that by definition one oath will be false? Can our Mishna be reconciled with Sumchus who splits the object without requiring an oath?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Francine Lashinsky and Dr. Alexander & Meryl Weingarten in memory of Rose Lashinsky, Raizel bat Zimel, z"l on the occasion of her yahrzeit on Nissan 14, and in honor of their children, Mark, Michael, Julie, Marnie and Michelle, and in honor of Agam bat Meirav Berger and all of the other hostages and all of the chayalim and by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch