Thursday Night Mishmar Parashas Behar-Bechukosai 5772: To Be An Active Player in Torah (05/17/2012)
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Category: Rabbi Baruch Bodenheim’s Shiurim
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Question; Would a Siman Muvhak be accepted even if the claimant does not have character witnesses? Rosh (end of Siman 14). Point to ponder; Could a lady be a character witness? Learn Mishna 28b “Kol” & Gemara until 2 dots bottom of the Amud. Questions; 1) Why is it permitted to sell an animal that supports itself after 1 year? 2) Can the finder keep the animal for himself and pay the owner when he claims it? Rashi “Shom”, Rosh siman 16.
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Learn 1) Mishna 28b “Amar” 2) Tosfos 27b “Dorshuhu” for 2 different ways to understand our Mishna 3) Gemara until next Mishna. Question?; Would a Siman Muvhak be accepted even if the claimant does not have character witnesses? Rosh end of Siman 14. Point to ponder; Could a lady be a character witness?
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Learn Mishna 28A and Gemara until “Amar Ravina” (6 lines from bottom of Amud) Tosfos “Lo”. Questions on previous Gemara 1) Is Tevias Ayin of a Tzurba Drabanan equal to witnesses? 2) Is a single witness accepted Midioraisa 3) What do we conclude lihalacha, are Simanim Dioraisa? Ritva “Ulinyan”
Rabbi Baruch Bodenheim: Thursday Night Mishmar Parashas Acharei Mos-Kedoshim 5772 (05/03/2012)
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Learn Gemara 28A “Amar Rava Im Timtza …” until Mishna. Questions; 1) Rava lists many cases and their laws, what would be the law in these cases if Simanim are Dirabanan? Is a Siman Muvhak equal to witnesses?
Rashi “Im Timtza”, Shita Mekubetzes 28A “Im Timtza”. 2) Is Tevias Ayin of a Tzurba Dirabanan equal to witnesses? 3) Is a single witness accepted Midioraisa? 4) Is the size of the string attached to a document a Siman Muvhak? Nimukei Yosef, RoshSiman 14 5) A wife is not believed with the siman that the document is in a folder since she knows her husband places all his documents in folders. So why is the husband believed with this Siman? Ritva “Hu”. 6) What do we conclude lihalacha, are Simanim Dioraisa? Ritva “Ulinyan”
Rabbi Baruch Bodenheim: Monday Night Gemara Shiur Bava Metzia 27B to 28A Ella Ha DiTnan (04/30/2012)
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Learn Gemara 27b from “Ella ha DiTnan” (5 lines from bottom) until 28a “Ella Amar Rava” Question; What changed from the question to the answer regarding returning a bundle of shtaros? Learn Gemara 28a “Ella Amar Rava” until Mishna. Question; Is the proof from bundle of Shtaros a conclusive proof that Simanim are acceptable according to the Torah or not? Rosh Siman 13, Ritva 28a “Ella”
Rabbi Baruch Bodenheim: Thursday Night Mishmar Parashas Tazria Metzora 5772 Identifying Features
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Learn Gemara 27b from “Amar Rava” (middle of the wide lines) until 28a “Ella Amar Rava”. Basic Questions 1) A. Why did the gemara initially think that the interest of the finder has any relevance? B. After the Gemara’s response that it is in the best interest of the owner of the item, does that imply that the interest of the finder is no longer relevant? Ritva “Amar Rava” 2) How could the Gemara say the Takana Drabanan applies by Siman Muvhak when the Gemara 18b said clearly that Siman Muvhak is an acceptable Siman from the Torah? Tosfos “Vana” 3) Why would the loser of an item agree to have it returned based on Simanim yet would not want this to be so by a lost Shtar (document)? Ritva “Nicha”
Monday Night Gemara Shiur Bava Metzia 27B Ta Shema
Learn 1) Gemara 27b 3rd Ta Shma ”Vhaya” until 1st wide line “Leima Ktanai” 2) Tosfos “Dorshuhu” 3) Major Question; If we are worried an object was lent and therefore do not accept Simanim there should never be a case that one could return an item since we should be concerned even if the claimant can give proper identification that the item was once his but was subsequently sold or gifted? Ritva 27a “Keilav” 4) Question; Why does the Gemara not bring a proof from the Mishna on 20a and 24b that we are not worried items were lent? See end of Tosfos 20b “Matza”, Rosh end of First Perek Siman 50
Wednesday Night Gemara Shiur Bava Metzia 27B Chaishinan
1) Major Question; If we are worried an object was lent and therefore do not accept Simanim there should never be a case that one could return an item since we should be concerned even if the claimant can give proper identification that the item was once his but was subsequently sold or gifted? Ritva 27a “Keilav” 2) Question; Why does the Gemara not bring a proof from the Mishna on 20a and 24b that we are not worried items were lent? See end of Tosfos 20b “Matza”, Rosh end of First Perek Siman 50. 3) Learn Gemara 27b 3rd 1st wide line “Leima Ktanai” until “Amar Rava” 4) Fundemental Question (Chakira); What is the reason Simanim would not be accepted according to the Torah? Is it because we are concerned A. the person is lying, or B. there is another item with exactly the same Siman therefore the Siman is not conclusive proof to whom is the real owner? Bring a proof
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1) Learn Gemara 27b 3rd 1st wide line “Leima Ktanai” until “Amar Rava” 2) Fundamental Question (Chakira); What is the reason Simanim would not be accepted according to the Torah? Is it because we are concerned A. the person is lying, or B. there is another item with exactly the same Siman therefore the Siman is not conclusive proof to whom is the real owner? Bring a proof. 3) Continue the Gemara from “Amar Rava” until bottom of the Amud. 4) Tosfos “Viana”
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1) Gemara from 2 dots “Tanu Rabanan .. until “Rava amar 2) Question; The gemara listed three scenarios which are excluded from the obligation to return: 1. A lost item that is worth less then a Pruta, 2. Aveida of an Akum is 3. Item lost by banks of river. Is it also permitted to keep these items? & if it is, Why is in not considered stealing? What removed the ownership of the original owner?
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Learn Gemara 26b from 2 dots until mishna 27a. Major question; Why doesn’t the Tagar automatically acquire the money thru kinyan chatzer? (some of the answers to similar questions we asked before work for here, but some do not!) Tosfos 26a “Dshasich, Hagas Ashri siman 9, Rashba 27a.
Learn Mishna 27a & Tosfos “Mah”
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1) Review Gemara 26b “Vamar Rava raauh Sela “ until next “Amar Rava” 2) Question; In 1st scenerio of Rava Why is it just a present? If someone steals he is obligated to return the item? Learn Tosfos “Matana”? 3) Major Question; Why is the thief permitted to keep the Aveida it came to his hands “Bisur” which blocks his ability to acquire it as Gem 21b says? (see Ramban, Tosfos Bava Kama 66a “Hacha”)
1) Learn next Gemara 26b “Vamar Rava raauh Sela ” until next “Amar Rava” 2) Rava presents 3 scenarios and the differences in the violations one transgresses. In the 2 scenario one only violates the mizvah Aseh of “Hashev Teshivun” Basic Questions; A) Since the finder is not permitted to keep this aveida because he picked it up to return before the owner was mysash so why does the finder not transgress “Lo Sigzol”? (Rashi “Over” & Tosfos “Eino”) B) Why does he not transgress “Lo Suchal Lhisalem” (Rashi “Over” & Baal Hamaor. C) When does the Mitzvah of Hashev Tishivun start when one sees the aveida of when one picks it up? Bring a proof from the 3 scenario of Rava.
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Important question; According to Rav Chanina if one finds three coins of equal size stacked one on top of each other he may keep them because maybe they fell in this fashion. How could this be? We rule by Safek Hinuach one is not permitted to keep the item, how do we know conclusively that someone did not intentionally stacked the coins this way?
Learn 1) Gemara 25a “Mai Machriz” (5 lines before bottom of page) until “Bai R’ Yirmiya” 2) In conclusion is identifying how the coins were placed an acceptable Siman? (Learn Chidushei Ran, Ritva) 3) If one identifies the place where the coins were found an acceptable Siman? (Learn Tosfos “Vhu”) Question; Why is the number 2 not an acceptable Siman of Minyan?
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Learn 1) Gemara 25a from the Mishna until first “Ibaias aimar” 2) Tosfos “Ha” Write out clearly the 3 different explanations (between Rashi and Tosfos) of the Gem question 3) What is the answer of the Gemara “Kuba Kisna, Tzana Upeiri” according to the Rabbanel Channel? 4) Which explanation fits the best into the flow of the Gemara? (Shita Mekubetzes “Kasuv Bgilyon”)
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Learn Mishna bottom of 24b and Gemara until “Rav Pappa Amar”. Tosfos “Ha” How many different explanations (between Rashi and Tosfos) are there of the Gemara question and answer?
Wednesday Night Gemara Shiur Bava Metzia 24B
Learn 1) Gemara 24b “(2 dots) Rav Chanina… until Mishna 2) Why by the case of finding slaughtered chickens, where the ruling was that the finder was permitted to keep and eat, did the Gemara not use this as a proof that we rule like R’ Shiman ben Elazar even by majority Jews? What do we conclude in Halacha, do we Pasken like Raban Shimon ben Elazar by majority A) gentiles, B) Jews? See Nimukei Yosef, and Rosh end of siman 7. 3) What do we conclude according to Halacha regarding scenerio’s where there was Yiush yet the loser comes and gives a Siman. Is one obligated to return it based on Lifnim Mishuras Hadin? (See Shulchan Aruch Choshen Mishpat Siman 259,5
Monday Night Gemara Shiur Bava Metzia 24B
Learn 1) Gem’ 24b “(2 dots) Rav Chanina… until Mishna” 2) Tosfos “Lifnim Mshuras Hadin” Get clear the levels Tosfos delineates. Question; Is Lifnam Nshuras Hadin optional or required? [Rosh siman 7 (in middle), Rambam Hilchos Gezaila Vavaida 11,7] 3) What do we conclude in Halacha, do we Pasken like RabanShimon ben Elazar by majority gentiles, jews? Bring proof
Wednesday Night Gemara Shiur Bava Metzia 24B
Learn 1) Gem’ 24b “Rav Yehuda hava… until 2 dots” 2) Tosfos”Lbasar” Why does Tosfos disagree on Rashi’s explanation of “the 12 months”? Major Question; How could Tosfos disagree with the concept that after a certain period of time people are Myaaish, the Gemara 23b discussed person who found tar inside a winepress and concluded since there were weeds growing over it the owner for sure had Yiush? 3) Tosfos “Lifnim Mshuras Hadin”
Wednesday Night Gemara Shiur Bava Metzia 24A
Gemara 24a “Ta Shma Hamotzi … until next Ta Shma” Also learn Tosfos “Ki” and first half of Tosfos “Im” (until Vchen Lkaman) Question in the conclusion of the Gemara we explain that Beis Medresh is considered majority gentiles because the watchman is a gentile. What is the explanation of this? See Ritva
Monday Night Gemara Shiur Bava Metzia 24A
Gemara 24a “vchen haya r’ … Until Ta Shma” Major Questions; What is the reasoning of the Rabanan that the finder has to return the lost object by majority gentile? See end of Tosfos 23a “Vha” What is the reasoning of R’ Shimon ben Elazar that the finder can keep the lost object by majority Jews? See Tosfos “Afilu”. Also learn Tosfos “Ki
Wednesday Night Gemara Shiur Bava Metzia 24A
Learn 1) Gemara 24a “Veilu Hein Keilim .. until Vchen Hoya ..” Question Rashi 20b ”Shtarei Machriz” explains that in regards to Minyan being a Siman, the number 2 is not an acceptable siman so how could Rashi and Tosfos here say 2 is considered a siman? (Ritva for answer) 2) Tosfos 24a “Aval” 3) Gemara ”Vchen Hoya … until Ibaiyu Lahu” Question: Is the reasoning “The owner had Yiush” also explaining Zuto Shel Yam [Machlokes; Rosh Siman 6, & Ritva "Mipnei"] 4) Start Gemara “Ibaiyu Lahu … “
Monday Night Gemara Shiur Bava Metzia 24A
Major Question; How could it be permitted to lie in certain circumstances when the Torah clearly says “Midvar Sheker Tirchok”? Learn 1) Gemara 24a “Mar Zutra .. until VChen Hoya R’ Shimon ..” 2) Tosfos 24a “Umodeh”. Question on Tosfos; Why would the Rabanan have the opinion that even items which a person is not familiar with has to be announced? 3) Ritva “Umodeh” argues on Tosfos 4) Rashba “Umodeh” gives an answer to the question I asked on Tosfo
Monday Night Shiur Bava Metzia 23B to 24A
1) Review quickly Gemara 23B from 2 dots “R”S ben Elazar .. until 24a “Mar Zutra”. 2) Review quickly the 2 answers of Ritva to the question If a Tzurba Marabanan can claim any lost item even without a Siman so how can the Mishna 21A list 10 cases that the finder can keep the Aveida since it has no Siman? 3) Learn Rashi “Nafka Minah” very well. 4) Last three Tosfos on 23b “B’msechas, B’puria, B’ushpiza” Major Question; How could it be permitted to lie in certain circumstances when the Torah clearly says “Midvar Sheker Tirchok”? 5) Learn Gemara 24a “Mar Zutra .. until Valu hein Keilim ..” 6) Tosfos 24a “Umodeh”
Wednesday Night Shiur Bava Metzia 23B and Divrei Torah for Yom Kippur
Learn Nimukei Yosef and Ritva on Gemara 23b “Hahu Gavra ..” (2 different answers). Also learn Hagaas Ashri (on the side of the Rosh Siman 5). Learn Gemara 23Bb from 2 dots “Rabi Shimon ben Elazar .. until Gemara 24a “Mar Zutra”. Major question; If a Tzurba Marabanan can claim any lost item even without a Siman so how can the Mishna 21a list 10 cases that the finder can keep the Aveida since it has no Siman??? (learn Ritva, 2 answers)
Monday Night Shiur Bava Metzia 23B
Learn Gemara 23b from “Bai Minei Rav Bibi” until the next 2 dots. What’s the difference between the 2 versions of Rav Mari? (See Rashi “Ikka Diamri”, & Shita Mekubetzes “Vikasuv Rashi ..”
Gemara “Hahu Gavra ..” Major question: Why does the finder of the pitch keep it and not the owner of the wine press, don’t we say Chatzar Shel Adam Koneh Lo Shelo Midaato? Learn Nimukei Yosef and Ritva (2 different answers). Also learn Hagaas Ashri (on the side of the Rosh Siman 5)
Monday Night Gemara Shiur Bava Metzia 23B
Review quickly Tosfos 23b “Brashum”, & “Abaye”, (Extra. Learn Shita Mekubetzes who gives an answer for Rashi) What is the Siman of Rashum according to A) Rashi B) Tosfos? Learn Gemara 23b from “Bai Minei Rav Bibi” until the next 2 dots. Major question: Why does the finder of the pitch keep it and not the owner of the wine press, don’t we say Chatzar Shel Adam Koneh Lo Shelo Midaato? Learn Nimukei Yosef and Ritva (2 different answers).
Wednesday Night Gemara Shiur Bava Metzia Page 23A
Learn Gemara 23a “Amar Rav Zvid” (4 lines from the bottom of the amud) until end of Amud. Questions 1) Does the din of Ein Mavirin Al Haochlin apply only to bread or also to other food items? and if so which ones? (bring a proof from the “Ikka D’amri of the Gemara’) 2) What do we conclude L’Halacha regarding these Simanim a) Makom b) Asui Ldareis c) Ba Mailov? 3) What constitutes Derech Hanacha a) When someone intentionally leaves something in designated place with intention to return and retrieve the item, or b) Intentionally places in this area but forgets the item there? {see Tosfos 21a “Eilu” starting from “Vyesh Lomar Dcrichos untill “Vkikoros ..”", Tosfos Rosh 21a “Krichos” last few lines “Umeihai Taama ..”, Maharasha 21b “Vha Lo Yoda “}
Learn Gemara 23b “Umachrusos Shel Dagim” until the 2 dots.
Learn Gemara 23a from “Leima Ktanai” until “Amar Rav Zvid” (4 lines from the bottom of the amud). 1st Tosfos ” Vha” very well (Note the Girsa Tosfos quotes of the Gemara See Chochmos Manoach, a Peirush in the back of the Gemara after the Maharsha) Also learn the Chidushei Ran on Vha Ikka Nachrim.
Learn Tosfos “Siman” Focus on the Machlokes Rashi and Tosfos.
Question of the night; Tosfos “Vha” (#2) asks that the question of the Gemara from animals is also a question on Rava. Why didn’t Tosfos “Vha” (#1) when asking on the question of the Gemara from gentiles also ask that this is also a question on Rava? (Bais Ahron, and Chachmas Manoach)
Learn Gemara 23a from “Ta Shma Kikoros ..” until “Leima Ktanai”. 1st Tosfos ” Vha” very well (Note the Girsa Tosfos quotes of the Gemara See Chochmos Manoach, a Peirush in the back of the Gemara after the Maharsha) Also learn the Chidushei Ran on Vha Ikka Nachrim. Gemara 23a Learn 2nd Tosfos ” Vha”. Learn Gemara 23a from “Leima Ktanai until ikka Damri”, Tosfos “Siman” Focus on the Machlokes Rashi and Tosfos.
Learn Gemara 22b starting from last “Ta Shma” until the “Ta Shma” on 23a. Learn Rashash on Gemara 23a for a question on Rashi’s opinion in Makkom Havai Siman. Then learn the first Tosfos at the beginning of the Perek 21a “Krichos” very well. Focus on getting clarity on how Rava and Rabbah explains the circumstances of the Mishna differently. (Charting it out might be very useful)
Tractate Bava Metzia Eilu Metzios 22B Identification in regards to a place and an object
Learn Gemara 22b starting from “ViIka Dmasni ..until “Ta Shma”. Gemara brings a Machlokes if Makom is a Siman. Learn Rashi well and see Tosfos “Iy” Focus on 1) What is the argument between Tosfos and Rashi in what the Siman of Makom is. 2) List a proof to Tosfos explanation. List a proof to Rashi’s explanation. Question of the night on Rashi explanation: If Makom is not a Siman even according to Rava how could the Gemara say that Rava is LShitaso that Makom is a Siman? (See Ritva “udika ..” for the question and Shita Mekubetzes “”Machriz ..” (until the words Umikol Makom ..) for an answer. Start next Gemara “Ta Shma .. “
Tractate Bava Metzia Eilu Metzios 22B Identification that was made to be trampled upon
Learn Gemara 22b starting from the 2 dots “Krichos B”rhr” untill “Ta Shma” What is the explanation behind the argument if Siman Asui Ldarais Havei Siman? See Rashi, Shita Mekubetzes “Siman Hasui Ldarais . ” (brings Rashi’s explanation) for a different explanation then Rashi and Nafka Minah between them. Gemara brings a Machlokes if Makom is a Siman. Learn Rashi well and see Tosfos “Iy” Focus on what is the argument between Tosfos and Rashi in what the Siman of Makom is.
Learn Gemara 22b “Hilchasa Kavasai Kabayei .. until the 2 dots. Learn Tosfos “DLav”, Shita Mekubatzes on Gem answer “Shkutzim ..” Start Gemara “Krichos B”rhr” What is the explanation behind the argument if Siman Asui Ldarais Havei Siman? See Rashi, Shita Mekubetzes
What is a practical Halachic difference between the 2 reasons we explained for the law that one may keep a lost item by Zuta Shel Yam even if it has a siman? How does Rava answer the proof against him from Zuta Shel Yam (See Tosfos Tiyuvta)
Learn Gem 22b “Hilchasa Kavasai KAbayei .. until the 2 dots. Why is the Gemara predicating the question on the fact that we just refuted Rav? (Learn Rashi “Heichi .., Tosfos “Meiacher”) Why do they argue? Question of the week; If the reason one may keep a lost item by Zuta Shel Yam even if it has a siman is because of Yiush (Opinion of Rashi) How do we know that the owner is aware that is was swept away, and if he is not aware how can the finder keep it according to Abayei who holds Yiush Shelo Midaas Lo Havai Yiush?
Tractate Bava Metzia Eilu Metzios 22B Conclusion of Yeush Shelo Midaas Giving Up Without Knowledge
Learn Gem 22b “Ta Shma D’Amar R” Yochanon..” thru “Hilchasa Kavasai KAbayei .. ” Focus on 1) How we learn out from Zuta Shel Yam that Yiush Shlo Mdaas is Not Yiush (Machlokes Rashi and Tosfos “Isura”) Question of the night; R Yishmael says we learn an item lost by Zuta Shel Yam can be kept by the finder. How can this be learnt from the Posuk quoted, the Posuk is dealing with the laws of “Hashavas Aveida” So all we see is Zuta Shel Yam is excluded from the Mitzva of Hashevas Aveida but how do we know the ownership of the original owner has been removed? (See Rashi Bava Kama 66a “Motzah Aveida”. Rashba Bava Metzia 21a ”Zuta ..”)
Tractate Bava Metzia Page 22B Ki Yutan or Ki Yitain When someone took or takes
Learn last “Ta Shma” of Gem 22a until next “Ta Shma” on 22b. Focus on the conclusion of the Gemara 1) Are we still remaining with the law that the owner himself needs to place the water on the fruits? 2) How do we reconcile the question on Rava? Start next “Ta Shma D’Amar R” Yochanon..” on 22b untill “Isura Dumia Dhetera” See Rashi Bava Kama 66a “Motzah Aveida”
Question of the week; How is the concept of “The revelation of ones conscent now revealing that initially he conscented” related to the dispute of Yiush shlo mdaas?
Yasher Koach to Allen Kahn and Yaakov Meir Goldstein for sending in an answer to last weeks question that I asked at the end of shiur.
Tractate Bava Metzia Page 22 Side One and Two Ki Yutan or Ki Yitain When someone took or takes
Learn last “Ta Shma” of Gem 22a until next “Ta Shma” on 22b. Focus on 1) Why is this Braissa a question on Rava. Learn first Maharam Shif 22b, last Shita Mekubetzes on 22a. 2) In conclusion of the Gemara how do we reconcile the question on Rava. Question of the week; How is the concept of “The revelation of ones conscent now revealing that initially he conscented” related to the dispute of Yiush shlo mdaas? (BTW I am still waiting for an answer for last weeks and this past Mon night’s question)
Tractate Bava Metzia Page 22 Side One One Who Takes Without Knowledge!
Learn the Gem from first wide line “Ameimar …” untill “Ta Shma ..” end of the 2nd to last line on the Amud. What is the Machlokes between the Amaroim whether it is permitted to eat the fruits presented to them from the sharecropper? Learn Tosfos “Mar Zutra, Ritva “Amaimar ..” then Start next Ta Shma of the Gem. Question of the night; In the conclusion of the Gem we say ” Mitzva is different” 1) What does this reasoning explain? 2) Do we need to establish the case of Teruma that he appointed him a Shliach?
Bava Metzia – Huchzak Kafran – Shiur 03 – 05 Jan 2011
Bava Metzia – Huchzak Kafran – Shiur 02 – 03 Jan 2011
Bava Metzia – Huchzak Kafran – Shiur 01 – 29 Dec 2010
Bava Metzia – HaMotzi Shtar Hakna’ah BiShuk – Shiur 04 – 15 Dec 2010
Bava Metzia – HaMotzi Shtar Hakna’ah BiShuk – Shiur 03 – 13 Dec 2010
Bava Metzia – HaMotzi Shtar Hakna’ah BiShuk – Shiur 02 – 06 Dec 2010
Bava Metzia – HaMotzi Shtar Hakna’ah BiShuk – Shiur 01 – 29 Nov 2010