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Talking Talmud

Yardaena Osband & Anne Gordon

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Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...) Join the conversation with us!
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Consecrated items for which one bears responsibility are subject to price fraud, but when one is not responsible, price fraud is irrelevant. But what does it mean for the consecrated property to belong to God? What about the human dimension? Plus, taking advantage of market demands, for better and worse. Also, a new mishnah - on "ona'at devarim" --…
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When is the capacity to take advantage of another not relevant? And if there's no risk of exploitation, is there any recourse to cancel the transaction for other reasons? Note the exceptions of consecrated property (hekdesh) and land... Also, what if transactions or loans are made in conjunction with consecrated property? The Temple has some flexib…
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A new mishnah! The erosion of minted coins, and its diminished value, with the potential for fraud in using it, as the metal is worn away. Subject to a dispute between our mishnah and a beraita. Also, the Gemara in the second part of the mishnah - garments vs. coins, and how they're handled in the village vs. cities, where the moneylenders were ava…
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Establishing ona'ah at pricing that is a sixth over the value - with that time frame to consult and complain as temporary recourse. When is the sale considered final? Is that time limit really necessary? Also, once there's fraud, does it matter how extreme the fraud is? (Yes) Or how long the deadline really is? A close reading of the mishnah helps …
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Defining "kinyan sudar" - a handkerchief version of halipin. Plus, "kinyan agav," where the act of acquisition is secondary and along the way of the acquisition of something else, usually movable items along with a purchase of land. Also, using exchange when you have no money or anything else of value to use for purchase.…
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More on exchange - including the question of using a coin as an indication of a formal act of acquisition. For it to work, he has to already have the coins in hand. Otherwise, it's too close to a sale. Also, Rav Nachman's opinion, the idea that money does effect the purchase by Torah law, and the exchange of money bags.…
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One who redeems ma'aser sheni on coins, and the desacralizes the coins to use them to buy the food in Jerusalem - how those coins can be exchanged, a dispute between Beit Shammai vs. Beit Hillel. Plus, the sourcing of the word "money" twice in the biblical verse. Also, when money is an exchange instead of a sale or a purchase payment.…
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2 mishnayot! Additional cases of an object left with a guardian, and how various variables change the guardian's liability. Note the differences between a store keeper, a money changer, and a guardian. Plus, the complications of a change in value and the obligation to replace an unprotected item. Also, when one has to pay the increased value, for w…
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A new mishnah! When a guardian doesn't take good care to protect coins... when is he liable? With a focus on the verses that insist on proper supervision. Also, the blessing that only appears in that which is not obviously visible. Plus, storing money in a place that is protected from one potential threat, but subject to another one. Likewise, the …
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More on the property of captives. When it's time to harvest from a captives crops, the court appoints a supervisor to take care of that, and then a relative takes care of future planting, and so on. But that kind of administrator would rarely be appointed for an adult. Also, the story of an old woman who has 3 daughters, and she and one of the daug…
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A new mishnah! One who gives produce to another to watch - if it's lost or off, etc., the guardian can't touch the produce because he doesn't own it. But if he can sell it beforehand, he can preserve the value. But why can't he touch it? Plus, one small discussion about the tzedakah collectors when they don't have any poor people in need. Also, wha…
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When a guardian transfers the item he's watching to another guardian, without the knowledge or permission of the owner. Plus, a story about an elderly woman who watches the gardener's hose - how long does it take to establish trust for a second shomer? Also, a guardian who loses an animal, which then dies of natural causes. Is the guardian responsi…
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The guardian who has lost something left in his protection can take an oath or pay back the value of the item that's been lost. Or in this case, when there are witnesses that the watched item was stolen. The burden of oath switches parties - and sometimes, they both swear. And then the question is, which swears first. Plus, the case of giving jewel…
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If one finds an animal's in a barn... when is one obligated to return it to the owner of the barn. Plus, a kohen doesn't have to become impure for returning a lost object. Plus, nobody needs to listen to parents who are instructing their children not to follow through on a Torah commandment. Also, take the burden off the overloaded animal. Also, "t…
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When you've returned a lost animal, and the animal runs away again, and you find it again, you have to return it multiple times - as understood from the biblical verse. Plus, the fact that the person who finds answers returns the lost item or animals doesn't have to make his identity known. Plus, the doubling of verbs in many cases in the Torah, an…
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Found items of different materials - silver, copper, wood, and so on - can be used by the finder in different ways, depending on the substance. Plus, when can a finder disregard the lost item? Also, the sages' discussion of acting beyond the letter of the law, and why people should do so. Plus, relevance for agunot. Also, a new mishnah - with anima…
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A dispute between Rabbi Tarfon and Rabbi Akiva, about whether one can use the funds from the sale of a found animal that isn't monetarily helpful. Also, one who finds scrolls... read them! Or roll them, if need be. Plus, what to do with things made from different materials. Plus, what to do with found tefillin? And what is one's responsibility to a…
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More on distinguishing marks - and whether they are a Torah requirement or a rabbinic one. Also, how long must one hold on to a lost object? Also, pilgrims to Jerusalem could reclaim their lost items from a particular place. Plus, the formal lost and found location and process for the 3 pilgrimage festival - and why Jerusalem is special in this reg…
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The biblical text for the requirements of returning lost objects, including which objects require returning. How, then, does the question of distinguishing marks come into play? The discussion begins with the documents of divorce, which may or may not be bound by the rabbinic enactment of distinguishing marks (when the divorce is a Torah command).…
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A new mishnah - with a list of when a finder has to proclaim and declare the found item(s), so that the original owner can come forward. With debates over whether an item has a siman (demarcating the item) is near an item that doesn't have the mark. How did they settle these relatively ordinary cases? One example being a basket with or without a ri…
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A story about Mar Zutra the Pious, when a silver cup was stolen, and Mar Zutra finds the guilty party. Unidentifiable items go to the finder - if the finder found isolated objects, but several together require declaring the find in the hopes of the original owner coming forward. Someone who saves an object from wild animals - keeps it, because it w…
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Several sages were in an orchard, and a worker there gave them samples of fruit, but Mar Zutra did not eat. And then it seems that the orchard owner (Mar bar Isak, for a mini-Who's Who) may not really have wanted to provide fruit for his guests after all. Also, if one finds small sheaves in the public domain, the finder can keep them - even if they…
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A new mishnah, still on returning lost documents. Beginning with letters that attest to a commitment of obligation or a repossession of property by the court, and more. Plus, when the matters are not clear and they will be set aside until Elijah the Prophet returns. Also, two towns of the same name - which is intended on a document?! Also, what hap…
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A new mishnah! One who finds documents - bills of divorce, papers that free slaves, receipts, etc. - don't return them to the apparent recipient, in case they weren't actually given. Also, when the documents include names belonging to more than one couple - especially in a place where the caravans pass frequently vs. a place with few travelers, and…
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Bringing property disputes to court, especially when one part denies part of the terms or what is owed. Plus, the role of witnesses. But we do people trust that the disputant/denier isn't lying? Plus, a concrete case. Also, if one claimed that there were no witnesses, then the claim is fundamentally (likely to be) meaningless. Plus, the role of the…
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A robber who wants to go back and uphold the sale - so that he'll no longer be called a robber. Or so he'll be known as reliable and trustworthy). The question is what is the practical difference between these expressions of his goal? Also, if one finds a document of acquisition, one should return it to the owner, not the debtor. Plus, a payment pl…
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The case of one who buys land from a robber - what happens when the land has been improved? Who pays for that? Note that the robber may be able to pay back his theft with his land. Also, what if the buyer knows that the land itself does not belong to the seller (and then the owner comes to reclaim his or her land).…
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The case of repossessing property that has been sold, with or without a guarantee to the buyer. Plus, two accounts of each case, each of which turns the case around. Also, to what extent does the seller have the responsibility to ensure that the funds reach the right people, but don't look like interest. Plus, making sure that the buyer can legitim…
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