Today’s Daf Yomy – 14th Av, 5769
Summary of the Daf
1. If someone exchanged a cow for a donkey or he sold a maidservant and it gave birth and the seller claims that it gave birth before the sale while the buyer claims it gave birth after the sale it is divided between them. read more
2. If someone sells his field or his servant and he owns one big one and one small one and the buyer claims he bought the big one and the seller says he doesn’t know the buyer receives the big one.
3. If the seller says he sold the small one and the buyer says he doesn’t know he receives the small one.
4. If the buyer says he bought the big one and the seller says he sold the small one the seller swears he sold the small one. read more
5. If they both say they don’t know which one was sold was sold they split the difference between them.
6. Rabah Bar Huna says that Sumchus holds that when there is a Safek it is divided between the parties even if they both are certain, while Rava holds that it is only it is divided between them if both claims are not certain.
7. Sumchus agrees in a case that a person is Modeh b’Miktzas and he is Chayav a Shvuah Min ha’Torah that he must swear and we don’t divide it between them.
8. Although there is no Chiyuv Shvuah on Karka if a person is Chayav to swear on Mitaltlin he must swear on Karka as well with a Gilgul Shvuah.
9. It is a Machlokes Tana’im whether a servant has the Din of Karka and there is no Chiyuv Shvuah or if servants are like Mitaltlin and there is a Chiyuv Shvuah.
10. The Tana Kama holds if someone claims that he is owed wheat and the defendant admits that he owes barley he is Patur from a Shvuas Modeh b’Miktzas, while R. Gamli’el argues.
11. If someone is Modeh b’Miktzas and he is prepared to give what he admits he owed he is not Chayav a Shvuas Modeh b’Miktzas.
12. If someone steals an animal or a servant and they get old he must pay the amount they were worth at the time of the Gezeilah, while R. Me’ir hold regarding a stolen servant he may give it back as it is. read more
13. If a cow is exchanged for a donkey or someone sells a maidservant and it gives birth and one of them claims that it was born in his possession and the other one is silent the one who makes the claim is Zocheh.
14. If they both say they don’t know they divide the offspring between them.
15. If they both say it was born in their possession the seller swears that it was born in his Reshus according to R. Me’ir because every time there is a Chiyuv Shvuah the person who is defending the claim is the one who swears.
16. The Chachamim hold that regarding the maidservant there is no Chiyuv Shvuah because a person doesn’t swear on servants or on Karka.
17. If someone claims that his friend owes him ten vines loaded with grapes and his fired says he owes him only five R. Me’ir holds he must swear a Shvuas Modeh b’Miktzas, while the Chachamim hold anything that is attached to the Karka is the same as Karka and there is no Chiyuv Shvuah.
18. R. Yosi Bar Chanina explains that the Machlokes between R. Me’ir and the Rabanan is regarding grapes that are ready to be harvested; R. Me’ir holds it is considered that they are already harvested while the Chachamim argue.
19. If someone sells his olive trees for the purpose of cutting off the branches for firewood and they produced olives if he told him to cut off the branches immediately the olives belong to the owner of the Karka.
20. If he told him to cut down the branches whenever he chooses the olives belong to the buyer, but if he sold it to him Stam if the olives produce only a Revi’is of oil per Se’ah the owner of the land is not Makpid and it belongs to the buyer but if the olives produce more than a Revi’is of oil per Se’ah the owner of the land is Makpid and it belongs to him. read more
21. If an olive tree is flooded into his friend’s field and it grows olives and the owner of the tree says that it was my tree that produced the olives while the owner of the land says it was my land that produced the olives they split the olives between them.
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This is in accordance with Sumchus who holds that when there is a Safek it is divided between them, while the Rabanan hold that we say Ha’Motzi mi’Chavero Aluv ha’Rayah and if it gives birth in the Rehsus of one of them he may keep it.
Even though he is not Modeh b’Miktzas because he is not admitting to any of the claim but rather he is admitting to something else the Mishnah is refeeing to a case where he claimes a big servant with clothing for the servant or a big field with bundles of grain of a small field, since with regards to the bundles and the clothing there is a Chiyuv Shvuah and he is admitting to a portion of what was claimed he also must swear on the field and the servants with a Gilgul Shvuah.
The Tana Kama holds that when they get old it is a Shinuy and the Gazlan is Koneh the animal or servant and he must pay the amount it was worth at the time it was stolen, however R. Me’ir holds that a servant shares the same Din as Karka and therefore the Gazlan is not Koneh it with a Shinuy because the Gezeilah do not apply to Karka and he may return it as it is.
It must produce a Revi’is of oil besides the expenses of producing the oil.