Bava Metzia (Metho)
מרצה Title תקציר סידרה
Rav Moshe Taragin Shiur #15: Bari ve-Shema The first rule of monetary litigation (dinei mammanot) asserts, "ha-motzi mei-chaveiro alav ha-re'aya" - literally, the one who comes to extract money shoulders the burden of proof. The accused, who physically possesses the disputed item or money, is given the overwhelming 'benefit of the doubt,' while the plaintiff must provide powerful evidence to mandate a favorable verdict. Masekhtot - Iyun
Rav Moshe Taragin She'ila Be-Ba'alim The Mishna (Bava Metzia 94a) discusses the din of she'ila be-ba'alim: If one BORROWS a cow and contracts its owner (ba'al) to work for him, he is NOT liable for damages, should anything happen to the animal. Masekhtot - Iyun
Rav Moshe Taragin R. Chiya Kamayta Having already addressed the basis of the halakha of modeh be-miktzat and the factors which generate an obligation to take an oath, we now turn our attention to the question of Rav Chiya. Masekhtot - Iyun
Rav Moshe Taragin Hashavat Aveida Talmudic Methodology
Rav Moshe Taragin Sokher Talmudic Methodology
Rav Moshe Taragin Hashavat Aveida Part 2 Talmudic Methodology
Rav Moshe Taragin The Definition of a Shomer Sakhar Two different mishnayot (Bava Metzia 93a and Shavuot 44a), delineate four different types of shomrim and three corresponding payment models. Talmudic Methodology
Rav Moshe Taragin Salary for a Shomer Sakhar Talmudic Methodology
Rav Moshe Taragin Does a Shomer Sakhar Require an Actual Salary? The simple definition of a shomer sakhar is a paid or salaried watchman. In exchange for the salary he is paid by the owner of the item, he willingly accepts extra contractual responsibilities toward the item. Talmudic Methodology
Rav Moshe Taragin Responsibilities of a Shomer Sakhar Talmudic Methodology
Rav Moshe Taragin Yeiush Talmudic Methodology
Rav Moshe Taragin Understanding the Nature of a Sho'el's Obligation Talmudic Methodology
Rav Moshe Taragin Yeiush Part 2 Talmudic Methodology
Rav Moshe Taragin Gauging the Payment Halakhot of a Sho'el Talmudic Methodology
Rav Moshe Taragin Yeiush Part 3 Talmudic Methodology
Rav Moshe Taragin The Exemption of Ba’alav Imo In this shiur, we will study the payment exemption of "ba'alav imo." If the owner of the object is present, a shomer of any type is exempt from all responsibility in cases of harm to the object. What is the logic behind this rule? Talmudic Methodology
Rav Moshe Taragin A Shevuah of Modeh Be-Miktzat Talmudic Methodology
Rav Moshe Taragin Tefisa in a Safek De-Dina Talmudic Methodology
Rav Moshe Taragin The Exemption of Helakh Talmudic Methodology
Rav Moshe Taragin The Role of Suspicion in Generating a Modeh Be-Miktzat Shevuah Talmudic Methodology
Rav Moshe Taragin Tefisa in Machloket Rishonim Talmudic Methodology
Rav Moshe Taragin Migu Le-Hotzi In this shiur, we will discuss the position of Tosafot that the legal device of migu cannot be used le-hotzi, to extract monies from a defendant. What is the logic behind this rule? Is migu simply weaker than the implicit claim of possession, or is migu inherently incapable of extracting money? Talmudic Methodology
Rav Moshe Taragin Chatzer as Yad Talmudic Methodology
Rav Moshe Taragin Shiur #08: Unilateral Seizure of Disputed Funds One of the classical principles of halakhic legal decisions is ha-motzi mei-chaveiro alav ha-ra'aya - possession is awarded to the current possessor in absence of evidence to the contrary. The gemara discusses the case of tefisa, in which the plaintiff seizes the item in question, and concludes that does not usually achieve ownership for the plaintiff. In order to understand why tefisa does not ordinarily work and why it does under certain circumstances, we must study the underlying reason for the principle of ha-motzi mei-chaveiro alav ha-ra’aya. Talmudic Methodology
Rav Moshe Taragin Meita machmat melakha: Exempting the shoel from work related accidents A sho'el, someone who borrows an item for use, usually bears full liability for damages incurred to the item, regardless of his degree of negligence. The only scenario in which the sho'el is excused from payment is one in which the item is damaged as a result of the utility for which it was designated, meita machmat melakha. In this shiur, we will study the debate among the Rishonim regarding how to reconcile this exemption with the overarching nature of a sho'el's liability. Talmudic Methodology

Pages