Tuesday, August 10, 2010
The Daf Yomi - In-depth practical case-study analyses derived directly from each day’s Daf. SHEVOUS DAF 43 WHAT WAS IN THE BOX
Q:Ruvean gave Shimon boxes of valuables to watch hes a shomer sacer(hes ciev for ginava and avada) a few weeks later the boxes are stolen Ruvean comes back and asks Shimon where my stuff Shimon says it got stolen Ruvean gives Shimon a large claim of expensive stuff that was in the box Shimon says I owe you something but not as much as you say how much does Shimon pay Ruvean
A:The Ravad says this is not a simple case of mode bimksas b/c Shimon does not know what in the boxes but the Rambam says he is ciev.Chazal say the owner of the box backs up his claim with a shevua the Ketzos says the shomer kablas shemira was boxes with stuff that was not super expensive even with a shevua the shomer would pay regular price that was in the olden days when bais din used shevua nowadays bais din does not use shevua the owner of the box claims very expensive items in the box and he is not rich his claim is no good but if he is rich his claim is good a regular claim is good for the average guy
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