Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Tue, 27 Sep 2016 03:00:00 -0700 240 Bava Metzia 2 - SUMMARY If two people are holding a Talis and each one claims that he found it and the entire Talis belongs to him each one shall swear that he doesn't own less than half and they spilt the Talis. (1) If one person claims that he owns the entire Talis and the other person claims that he owns half, first person shall swear that he doesn’t own less than ¾ and the other person shall sear that he doesn’t own less than a quarter and the first person shall take ¾ and the other person takes ¼. If two people are riding an animal or one is riding and the other is leading the animal and each one claims that that the entire animal belongs to him each one shall swear that he doesn't own less than half and they spilt the animal. If they both admit or witnesses testify that the Talis or the animal is jointly owned by both of them they split it between them. A person who sees a Metizah is not Koneh the object by merely seeing it. If two people are both holding a purchased item and they both claim that they purchased it each one shall swear that he doesn't own less than half and they spilt the item between them. (2) Sunchus holds that when there is a Safek regarding money it is split between them, while the Rabanan hold Ha’Motzi mi’Chavero Aluv ha’Rayah. It is a Macholes if when both claimants are certain if Sumchus holds that even so the money is split between them.
 
**A BIT MORE**
1. Since it is possible that they are both saying the truth and they both picked it up together they split it with a Shvuah, however if two people are holding a Talis and each one claims that he wove the Talis since one of them is certainly lying they do not split the Talis and it is put away until the arrival Eliyahu. 2. Both of them gave money to the seller, one gave the money with the consent of the seller and the other gave the money without his consent and we don’t know which one of them gave with consent and which one gave it without consent.

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Bava Metzia 2 - INSIGHTS THREE QUARTERS OF A TALIS If one person claims that he owns the entire Talis and the other person claims that he owns half, the first person shall swear that he doesn’t own less than ¾ and the other person shall swear that he doesn’t own less than a quarter the first person shall take ¾ and the other person takes ¼. The Rosh asks since half of the Talis indisputably belongs to the first person why does he have to swear on the entire ¾? He should only have to swear on ¼! The Rosh answers that if he swears he owns a ¼ it is a meaningless Shvuah because we know he owns at least a half and maybe his intent with the Shvuah is that he wons the ¼ that we already know he owns. Therefore in order to make the Shvuah meaningful he must swear on the entire ¾.

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Bava Metzia 2 - HALACHA DIVIDING A TALIS If two people are holding a utensil, or two people are riding on an animal, or one is riding and the other is leading the animal, or two people are sitting next to a pile of wheat in an alley or in a courtyard which belongs to a third party and each one claims it belongs entirely to him each one swears that he owns a share in it and that he doesn’t own les than half and they split it. If one of them tells his friend you take the Shvuah and you can take the entire thing he may do so and if he also doesn’t want to swear it is split between them without a Shvuah. (Shulchan Aruch CM 38:1)

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Bava Metzia 2 - LAMDAN The Gemara states that I may have thought that a person is Koneh a Metizah upon seeing it. Why would I think that a person is Koneh a Metziah as soon as he sees it without making a Kinyan?

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