Bava Kamma 115: The Law of the Marketplace
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The decree of the marketplace - takanat ha-shuk. Where something stolen in the marketplace leads to ye'ush (despair) and new ownership, and difficulty in requiring payback by the new owner to the original owner. Also, a new mishnah - when one has a barrel of wine and another has a barrel of honey, and the wine owner pours out the wine to offer the barrel to the slavage the honey. That wine owner can't claim the honey owner owes him for the wine, unless there was a stipulation and agreement in advance. Also, donkeys crossing a river, where one leaves his own donkey to help save the other more expensive donkey....
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The daf continues to discuss a variety of cases where two litigants make similar claims or two litigants bring contradictory witnesses
Published 07/26/24
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When Rava contradicts himself, and Rav Nachman does too: upon which party to a dispute has the burden to prove his claim? The claimant vs. the temporary person who maintains the current presumption of ownership. Also, the case of one who established a presumption of ownership over time. Plus,...
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