POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 34
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BAVA BASRA 34 (11 Iyar) - dedicated by the Feldman family in memory
of their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of
Milwaukee).
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1) R. ABA'S LAW OF THE INGOT
(a) One witness testified in front of R. Ami that Reuven
grabbed an ingot from Shimon; Reuven said 'Yes, I grabbed
it - it is mine!'
(b) Question (R. Ami): What is the law? We cannot obligate
Reuven based on one witness, nor can we totally exempt
him!
1. Version #1 - Rashbam: We cannot require him to swear
(to contradict the witness, and say that he did not
take it), for he admits that he took it!
i. In this sense he resembles a thief, who cannot
swear (but the reason a thief cannot swear is
because he is not believed).
2. Version #2 - Rashba - We cannot require him to swear
that he took his own ingot - Shimon was Muchzak in
what he was holding, it is as if Reuven admits that
he stole it!
(c) Answer (R. Aba): He is obligated to swear, but he cannot,
therefore he must pay.
2) ONE WITNESS FOR CHAZAKAH (continuation from end of 33b)
(a) Rejection (of Rabanan - Abaye): Our case is unlike that
of R. Aba!
1. In R. Aba's case, the witness comes to obligate
Reuven, if there were two witnesses all the more so
Reuven would have to return it;
2. Here, the witness comes to support David, if there
was another witness David would get the land!
(Therefore, David does not pay for the produce.)
(b) (Abaye): Rather, if the witness testified that David ate
the fruit for two years (and he must pay for it), we
would learn from R. Aba's law.
34b---------------------------------------34b
3) DOES BEIS DIN SEIZE CONTESTED PROPERTY?
(a) Question: Reuven and Shimon each claimed to own the same
ship. Reuven came to Beis Din and said 'Seize the ship
until I bring witnesses' - do we seize it?
(b) Answer #1 (Rav Huna): We seize it.
(c) Answer #2 (Rav Yehudah): We do not seize it.
(d) Question: Reuven did not find witnesses; he asked Beis
Din to release the ship, and Kol d'Alim Gavar (whoever
overpowers the other (with proofs or physically) gets
it); do we release it?
(e) Answer #1 (Rav Yehudah): We do not release it.
(f) Answer #1 (Rav Papa): We release it.
(g) The Halachah is, we do not seize it; if we seized it, we
do not release it.
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