Category: Rabbi Baruch Bodenheim’s shiurim

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.

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?

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”

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”

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?

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”

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.