Sep. 30, 2016 - 27 Elul 5776
Daf Yomi Bava Metzia 4

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If a person is Chayav a Shvuah he can be forced to swear on other things that are not Mechayev him a Shvuah because of the concept of Gilgul Shvuah.

If a person admits that he owes money he is Chayav to pay even if two witnesses testify that he is not Chayav.

If someone denies owing a loan and witnesses testify that he is Chayav he is Kosher for Eidus, but if he denies a Pikadon he is Pasul for Eidus. read more



The Din of k’Asher Zamam only applies to the testimony of two witnesses. read more

R. Chiya says if someone claims that his friend owes him 100 Zuz and the friend admits he owes 50 Zuz and immediately offers the 50 Zuz to the claimant he is Chayav a Shvuas Modeh b’Miktzas.

R. Sheshes holds that if he immediately offers the 50 Zuz he is Patur from a Shvuas Modeh b’Miktzas because the money that he offers is regarded as if it has already been returned. read more

If two people are holding a Talis and each one claims that the entire Talis belongs to him the Chachamim decreed that each one shall swear in order to deter a person from grabbing his friend’s Talis and claiming it is his.

If a Shtar states that someone owes his friend Sela’im Dinarim without specifying an amount if the lender claims he is owed five while the borrower claims he owes three he is Chayav a Shvuas Modeh b’Miktzas according to R. Shimon Ben Elozar.

R. Akiva holds he is Patur from a Shvuah because he is a Maishiv Aveidah. read more

If the lender claims that he is owed five and the borrower claims he only owes two everyone agrees he is Patur from a Shvuah. read more

A person doesn’t swear for denying a Shibud Karka.

If someone claims that his friend owes him utensils and Karka and his friend admits one and not the other he is Patur from a Shvuah.

If he admits partially to the claim on the Karka he is Patur from a Shvuah

If he admits partially to the claim on the utensils he is Chayav a Shvuah also on the Karka because when a person is Chayav a Shvuah on Metaltlin he can be forced to swear also on the Karka because of Gilgul Shvuah.

 

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Last Week Bava Kamma – 115 – If a crack developed in the barrel of honey and another person spilled out his wine and saved the honey, he only receives his wages. Why should this be? Let him tell the owner of the honey, “I have acquired the honey from hefker (a state of ownerlessness; it should therefore all be his)!? click for answer

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Bava Metzia 4Brief Insight
GILGUL SHVUAH
If a person is Chayav a Shvuah he can be forced to swear regarding other things that are not Mechayev him a Shvuah because of the concept of Gilgul Shvuah. The Nimukei Yosef says that if he is a...read more
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Bava Metzia 4Quick Halacha
SHVUAS MODEH B’MIKTZAS
If a person admits partially to a claim and he and he says take the amount that I admit that I owe you he is only Chayav a Shvuas Heses. It is only regarded as a Heilach if the amount that he...read more
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Bava Metzia 4Lamdan
If a Shtar states that someone owes his friend Sela’im Dinarim without specifying an amount if the lender claims he is owed five while the borrower claims he owes three he is regarded as a Maishiv...read more
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