Bava Metzia (Metho)
מרצה Title תקציר סידרה
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
Rav Moshe Taragin The Buy-Back Option of the Loveh Talmudic Methodology
Rav Moshe Taragin The Nature of the Shevua Accompanying Yachaloku The first mishna in Bava Metzia discusses the famous case of yachaloku, in which both parties but take an oath. What is the nature of this shevua? Is it a regular litigation-related oath intended to reinforce the litigant's claims, or is it an extrinsic oath intended to dissuade future fraud? Talmudic Methodology
Rav Moshe Taragin Eid Mesayeia Talmudic Methodology
Rav Moshe Taragin Is a Shevua a Beirur or a Chov? In this shiur, we will discuss the nature of a shevua (oath) taken in beit din. Does it serve as a beirur, a method of assisting beit din in reaching its decision, or is it a chov, an interpersonal obligation delivered by the defendant in place of monetary payment. We will study a number of ramifications of this question. Talmudic Methodology
Rav Moshe Taragin Simanim Talmudic Methodology
Rav Moshe Taragin Disqualifying a Gentile from Shelichut Several gemarot disqualify a gentile from serving as a shaliach (agent) based on a derivation from one of the three pesukim that serves as a source for shelichut (agency). Talmudic Methodology
Rav Moshe Taragin The Position of Sumchus: Mammon Ha-Mutal Be-Safek Cholkim Sumchus holds the minority opinion that disputed monies should be divided between litigated parties and not automatically awarded to the possessor. In this shiur, we will analyze a number of approaches taken to explain this enigmatic position. Talmudic Methodology
Rav Moshe Taragin Bari ve-Shema - Part II Having addressed Rav Huna's position – that bari ve-shema is sufficient and independent grounds to override the chezkat mammon (physical possession) and facilitate collection, we might turn our attention to the dissenting opinion of Rav Nachman and Rav Yochanan. Talmudic Methodology
Rav Moshe Taragin Shenayim Ochazin Be-Tallit: Splitting a Disputed Tallit In this shiur, we will study the famous ruling in the first mishna of Bava Metzia, "yachaloku." Given the general principle of ha-motzi mei-chaveiro alav ha-re'aya, why do the parties split the item in this case. We will see that there are many ramifications to the question of how we view possession of this disputed item. Talmudic Methodology
Rav Moshe Taragin Zachin Le-Adam Shelo Be-Fanav as a Derivative of Shelichut One of the most ubiquitous halakhic tools is the apparatus known as shelichut. Talmudic Methodology
Rav Moshe Taragin Shevuat Eid Echad In this shiur, we will examine the shevuat eid echad, the oath taken by a defendant when one witness claims that the defendant owes money. The question of whether the witness himself obligates the oath or merely augments the claim of the prosecution, which in turn obligates the oath, may lead to many interesting nafka minot about the application of shevuat eid echad. Talmudic Methodology
Rav Moshe Taragin Kinyan Meshikha Talmudic Methodology
Rav Moshe Taragin The Shevu’a that Accompanies Yachaloku Distribution In this shiur, we will examine the purpose of the shevu'a taken in the case of yachaloku. Is this oath intrinsic to this legislative case, or does it serve an extrinsic, social function? We will analyze some of the ramifications of this question. Talmudic Methodology
Rav Moshe Taragin Chav Le-achrini - Disqualifying Shlichut Which Harms Third-Party Interest The convention of shlichut (halakhic agency) is a familiar and widespread concept in Halakha. Talmudic Methodology
Rav Moshe Taragin Tefisa Talmudic Methodology
Rav Moshe Taragin The Nature of Kinyan Chatzer Several gemarot establish the principle of kinyan chatzer. Though personal possession entails the most basic form of ownership, the gemara recognizes the capacity of 'chatzer' to almost mimic physical possession. Talmudic Methodology
Rav Moshe Taragin The Liability of a Shoel The Mishna in Bava Metzia (94a) describes the four distinct categories of Shomrim - people who safeguard others' possessions and items. Talmudic Methodology
Rav Moshe Taragin Tefisa Part 2 Talmudic Methodology
Rav Moshe Taragin Cases of Successful Tefisa The principle of ha-motzi mei-chaveiro alav ha-ra'aya dictates that unless the plaintiff provides evidence to the contrary, the defendant is awarded disputed monies. In most cases, if the plaintiff were to seize the disputed funds, he would be compelled to return them, but there are exceptions to this rule. In order to understand these exceptions, we will study the basis of the rule of ha-motzi mei-chaveiro and present a number of models to explain the atypical cases. Talmudic Methodology
Rav Moshe Taragin Migu De-Zakhi Le-Nafshei - Acting as an Agent While Damaging Third Party Interests This week's shiur will inspect a situation in which shlichut DOES succeed EVEN THOUGH others are negatively impacted. Talmudic Methodology
Rav Moshe Taragin "Techilato b’peshiya ve-sofo b’onnes" This week our discussion takes us to the world of shomrim. The Torah establishes four different categories of shomrim, each with varying degrees of responsibility depending upon the circumstances. They are all, however, responsible to pay for 'peshiya' - or gross negligence. Talmudic Methodology
Rav Moshe Taragin Shiur #15: The Shevua of Modeh Be-Miktzat and the Reliability of the Claims What is the reason behind the oath taken in a case of modeh be-miktzat? Does the oath stem from the fact that the claim has been partially reinforced, or is it the result of the fact that the modeh be-miktzat is acting in a suspicious fashion? Talmudic Methodology
Rav Moshe Taragin The Definition of Gemar Din In all civil cases, only after Beit Din issues a verdict is the case concluded and only at this stage must the parties adhere to the court's decision. Talmudic Methodology
Rav Moshe Taragin The Inability of a Shaliach to Affect Third Party Interests Although a shaliach (agent) may be appointed in many situations, one cannot be appointed in case of chav le-achrini, in which third party interests are impacted. In this shiur, we will discuss possible explanations for this limitation and the nafka minot between them. Talmudic Methodology

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