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Gemara Markings Daf Yomi

Bava Metzia 5

Duration:
45m
Broadcast on:
04 Mar 2024
Audio Format:
mp3

Heyer Madalif about six lines down with an upside-down triangle on the tashma. So the Gomor continues what it had been doing last time tashma to Tani Ramibarkhamma. And this is again like all of the upside-down triangles we have a question on Shaitis Roushesus. Roushesus is the one who had told us back on Dala Ramadalif that Heylach is potter. Basically Rupriya says Heylach is Khayyaf and Roushesus Heylach is potter. Well Tashma, the Tani, the following Bryce, the top by Ramibarkhamma, goes for about two lines a little bit more. And it comes up quite a few times, we may have seen it recently, we'll see it again. Arba Shaimim Sridharim, to require the shfu that the Torah talks about that a Shoma would have to take, there has to be the relationship that the Shoma'er would need to do kfirba micsas, the hoidaba micsas. And I squiggle underline a hoidaba micsas. It has to be that whatever the claim is to Mr. Shoma'er, that he is denying part of it is also admitting to part of it. And the list of those Shaimim, the famous for Shaimim, Colin, is the Shaimim Makinam, the Shayl, the nicest scar on the Shaitar. The Shaim Makinam, he's watching something for someone else, not taking a fee. The shawl, he's borrowing from somebody else, not paying a fee, nicest scar, he's taking a fee to watch an item for someone else. For Shaitar, he's renting, using somebody else's item, but paying for it. Those are the four cases of the Shaimim. But the main thing we see is there's a hoidaba micsas. Now, Hehli Dami asks the Gamara, what exactly would be the case of a hoidaba micsas? Is it not? And this is what we've been discussing, most of yesterday's year, love dama lei, Heilach, right? And Heilach is in, and like, here it is. And therefore, the shawl, might do a micsas, is required even in a Heilach case. That would be a question or a shaitis who said, it would be potter. So the Gamara answers, no, that's not what's going on over here. Rather, dama lei. The toveya is saying to the other fellow. Buddy, now, whether this is the Shaim Makinam, the shawl, the Shaitar, the same thing. Gamal Parsma Sarti, lah, I gave you three cows who may sukul bipsiya. As far as I'm concerned, they all died due to your negligence, and negligence, everyone's type form. The amalaihu, the Shaimare, and He says to him, in the Shaimare, says, "Back his responses, and each one is going to have a different story." So you said three. Well, Khada, the first para, and I wrote above this kfira. This, as we said, has to be a partial kfira. I don't know what you're talking about. I don't know what you're talking about. I don't know what you're talking about. You're going to get me three. And that third one never happens. Kamah. Vikadha. And the next one. Well, yeah, you gave me that one, but mesa belliness. It died. It was an onus. And that's the one that he's going to make a shuwa, a shuwa sashaimim, that that was the case. Vikadha. And here's the... I wrote above this haidah. This is the partial haidah. The third one, mesa bipchia. You know what did die in? I was kind of negligent about that connector, but you know, shulumi lakh. And I know I'm required to pay you for that one. Now I don't see any of these being halak. Dilav halaku. There's no kal that's being presented at all to the fellow that you could say. It's a case of halak. The first one, he's saying it didn't happen at all. The second one is the one that he's going to swear about. And the third one, eh, you know what died in here. What's the going rate for a cow? $4,000. Here's a check $4,000. Period. Now the reason I put the period in is because there's another tashma, which would seemingly go along with our series of tashmas. But I believe this one, Rashi says, people will read it a little bit. But it's tashma detani that was taught the following braysa by Avua Derebi afteriki, Le Derebhiya kamaysa. And that's why it doesn't have a marking on the Rebhiya kamaysa or above it is Gimmel Amadalif. We had back in Gimmel Amadalif, the original Rebhiya, even maybe even fireboxed him back on Gimmel Alif threesa. That's the Rebhiya that this is being brought for, that the other things that we've been dealing with the previous series of triangles had been on something before that. So it says the braysa here, tashma detani abua derebhiya, Le Derebhiya kamaysa. Here's a braysa. And the braysa goes exactly five lines minus that first word, interesting enough, that's kamaysa. It says a braysa, manli bia decha. I say, Bob, you owe me a hundred, literally a hundred of mine is in your hands. Bob, you owe me a hundred. Bob says back, "Shwul, ain lecha bia de clume. There is not to you in my possession anything, others, I don't know you anything." And here I dot underlined the whole next line, "Fahat aidim aidim aidim aidim aidimayisoui, shiishbiyyadokanishim mizuz." However, there's witnesses that testify that, "Oh no no no, he does have fifty dollars of his." Okay, so where's a hundred dollars, Yomi? I don't know, do you know anything? Aidim come along and say, "No, he definitely has fifty dollars." Yoko yushava la shar, so you might think that, well, what should he have to do? He obviously has to pay the fifty. Should he take a shwul on the rest of it? Well, no. Tambalaimar, the possek says, and this is interesting, we're talking about items here or cash money, or cash money. Tambalaimar, al-kol-a-veda, asher yawimar, and I would underline the word yawimar, kihuzeth. For any lost item or something like that, that he says, kihuzeth, which he has to have said something, al-hud-a-s-piv-a-tah-mukhai-vai. You have to be mukhai-vim, if you're going to be mukhai-vim is when he himself admitted it. So if you would have said, "Hey, Bob, where's my hundred?" And Bob says back, "Are you fifty?" That's fine, because he himself said it. Here the reason that we notice, because of an outside testimony, the ia-tah-mukhai-vai, we will not be mukhai-vimish-wah, al-ha-ad-a-dul-s-a-edim. And that does not sound like rupriya. Now, we sometimes forget, but rupriya is a first-generation amara, almost a quasi-tana. We don't know that many times, we have it by rav, we have it by rupriya. What do you bring in to refute rupriya, a snake source? Well, rupriya, mas-nisa karama-slade of rupriya, you bring in snake source question, rupriya. This is one of the few, again, we see it by rav, but rupriya, tana-hu, he's basically in that transition generation, between last generation of tana and first generation of my rhyme. Uppalig, you can even argue with it, Bryce, he's one of the few, I'm a rhyme that will say this about. So you can't even ask the question on him. Okay. Well, the one has a base question of a ha-kra-kha-mar, but it's not just a tanaic source. It's a pa-suk. I shared yoy-mar-ki-huz-a. It wasn't? It was like the point that was brought out, but with a real pa-suk, so what would he say to that? Oh, you know what he would tell you that pa-suk is used for? Ha-hu, le-moy-da mix-as-ha-tina, is to be used for a case of what's moy-da but mix-as. Not however, to exclude Adi. Vavud-ravav-duriki, who did bring this brisa and use it for that purpose, amalah, he would tell you in that same pa-suk, what did we read the pa-suk again? A-kola-ve-da, a-suk, yoy-mar-ki-huz-a. So it has the word 'xiv-huz', I put the word 'huz-huz-a-xiv-a-tina, I put the word 'xiv-huz-a-kuhu', or 'xiv-huz-a, what's the key-huz-a? Well, colon, ha-d, one, indeed, that's right, is to tell you about the ha-la-ha of moh-da-ma-mix-as-a-moh-da-mix-as-a-wind-the-other-party-himself-ad-mitz, the ha-ad, and the other, one of those two terms, is 'la ha-ad-as-aid-im', 'de-pa-ter', whether it was a person himself who said it, or even the ha-ad-as-aid-im, that that would be 'pa-ter' from having to take a 'shua'. Now, okay, that's a-vud-ravav-duriki, kama, vida, reprii, who doesn't agree with that, what would he say? He would say, like this, right, there's two words, one, right, teacher's moh-da-mix-as-a-tina, the other, the ha-la-moh-da-mih-min-ha-tina, that's something else, moh-da-min-ha-tina, hey-bob, you owe me three apples, uh, no I don't, I owe you two doorknobs, is that the same thing, it's not the same thing, it's started to claim, how-how similar does the admission have to be to the-the claim? Well, the 'moh-da-mih-min-ha-tina', Rashi says, is, uh, two lines underneath the gamar of the Rashi, 'dib-bo-in-an-shite-hoi-daw-min-tina-kfira', you gotta have the admission of whatever it is that's being admitted to be similar to the 'tina-shim-tan-a-sa-shah-it-im', where's my pound of 'we', 'voh-da-loi-ba-sa-rem', oh, uh, yeah, I have your half a pound of barley, that would be 'pa-ter'. The 'e-daw', what would the other 'pignon' say to that, I don't know if you want to say it, no, might you mean that 'tina', 'lacely', 'e' doesn't hold of, um, might it mean that 'tina' as being a requirement, and therefore, 'hey-bob, where's my pound of 'we'', oh, I have a pound of barley, that's fine, that would be a way to mix this case. Desauverle, and the reason that 'pignon' doesn't hold of it, because he holds like 'rabbang-am-li-al-ditz-nan', could a mission that will have a little bit later in the messerza, um, you probably have, I don't know if you have two dots, but it's-it's any excuse that goes for just over a line. And, uh, that's where I got my example from. "Tana-e-chit-im-ve-he-te-le-biss-are-em." "Hey, uh, Jim, where's my 'we'?" Oh, I got your barley here. He would be 'p-ter' from having to take the schwa-sak-s-d-am-od-em-it-s-swa-s-rabbang-am-li-al-hui-a-bak-s. He actually is 'm-chay-if', he would say that would be 'chay-if-a-shua'. Here's a little story. Ah, who, Raya, there was a, uh, I guess the local, maybe, town shepherd. The town shepherd would, in the morning, collect people's sheep. Like, the dog walkers in New York City. They should ask 'em, they have over there with it. I guess this is a little bit more practical, um, 'cause you-would you sheep for their wool, or you sheep for their meat. It was a, uh, Raya. Like, a, Roa. "To have a master-latable Yuma they used to give over to him every day, 'chay-vassa' animals, 'biss-a-hadi', they're doing witnesses. So they'd say he got from this person, two animals, this person, five animals, and 'yum-a-had' one day. 'Mass-ru-lay' belay-sa-hadi." I don't know if this is a mistake, we'll see shortly. "They gave him the animals." Yeah, he does this every day, and they weren't with us. "Okay, fine, you're gonna take the animals." La-sa-if, Amr-la-hu, uh, seems like maybe at the end of that particular day, the shepherd said, uh, back to them, uh, lo-ha-yum-dwar-mulam. I don't know what you guys are talking about. Ah, okay. Asu-sa-hadi, I guess at least one of the people had, uh, had there in the morning, the animals giving over with witnesses. Asidubei, this is even worse. Ah-haal-tarti-minayu, boy, was that a delicious shwarma. He actually consumed, uh, adi-ba-di-di-di-it-a-adad-an-land-word-ah-haal-hi. Uh, he ate two of those sheep, uh, you know, earlier that day. Okay, why would we be in this case? Well, says rib-zay-ri, circles rib-zay-ra. Inisa, ledura-bi-hi-a-connector-kamaisa, if we hold, like, the original rib-zay, the one in Gimmulam-an-al-if, Mish-da-ba-a-shah-hara, then he should swear about all the other sheep that he took. I don't know, he took, uh, uh, 20 sheep that day. He denies all of them. Witnesses come and they say, "Oh, no. Two of them, you ate, so you should have to swear on the rest of them." Amulea-bai-ay, I circled abai-ay, 'cause abai is responding to rib-zay-ra, and he says, "Well, one second, imisa." If we hold, like, that original rib-zay-a-kama, Mish-da-bo-a-bo-a-kama, he should swear about Goslan who. This guy is a Goslan, right? No, it's one thing if you're gonna tell me a lot about a loan. We had a few rationalizations, a few other ones, and someone's got a loan. He belongs to pay back. He doesn't want to have a bad reputation. But this is not a loan issue. This is a natural item, like a sheep, and there were a number of them. So if this fellow is a Goslan, that, um, what are you gonna say about that? It's not, "You should have come and come, you should have paid back." He'll do it in a few weeks. So he's a Goslan. How could you, um, make him take a schua? Amulea-ay, so says rib-zay-ra-back to abai-ay. You know what? I know he's a Goslan. When I said that there should be a schua, what happens when you have two parties and one is not trustworthy? Then the other party, not the one we usually take the schua. But the other party actually does take the schua. So you have two parties, and really one is the one who's supposed to say the schua. It's usually the one who doesn't, who wants to, who's insisting he doesn't want to pay, or doesn't have to pay. However, if he's an untrustworthy character, we flip the schua over onto the other party and make that one swear. And, and they would swear, I guess, each one of the people. Not the one is the people who'd given over the sheep. So, regarding all the other people who say, "Now I gave him four sheep this morning." The other one's "I gave him two sheep this morning." And if they can swear to that, they'd be entitled to the compensation for that. Okay, we want to ask a question. The question goes to the bottom line. It's about a three and a half line question. Well, Hashta-Nami. Um, okay, so you want to say at this point. This "delayse" led to ribby chia, that we don't have the ribby chia thing. In other words, our case is a kai-fer bakol case. "Ne kai-vei midre hav nakman." We should still be makai of the bileme to take a schua from that which "rev nakman" said. What are "rev nakman" say? Well, coming off the following mission, a mission in schruas, this is a little quote. It goes for seven words, two parties. A says to be "mano de bia decha yomia hundred." "Kama." B says back. "Ain lecha biyadi." I don't know of anything. "Potter." Okay? That's the way it's left at the "mishnaic" level. "Connector va amor of nakman" "nakman" "nakman." What do I not want to say about that? Yeah, "potter" from a derizer schrua. But "mash bian" I say schruas, "hesses." We will enforce. We, the basin, is overseeing this will enforce the one who denies it to take a schrua "midre bannan." So shouldn't we, over here, have a schrua der a bannan? He says, "The dumara der a bannan." Well, one second here. "Rav nakman" is, you said this, not a schrua derizer. "Nakman" is a schrua der a bannan. And once you have der a bannan, you don't put one der a bannan because of another der a bannan issue. "Der a bannan" "takanta" meaning it's a "takana der a bannan" because me derizer, it's not required. "Naktakanta" so you want to say, number one, there should be a der a bannan schrua. Number two, we can't make the party who's supposed to swear swears. We're going to let the other side swear, which is also a der a bannan. That would be a double der a bannan and double der a bannan as we don't do. "Hasks the dumara, the tapeal clay." Well, why don't we, and the rashi, conveniently enough, is right across me, your first narrow line. I handle it in the dibramas, still. Let's read it in the rashi. "The tapeal clay de havele roya." "Ada a bie kamitame." We're asking this question. "Anchita sabie de caschale." He had a question, "Baha ghazlan hu." One second. "The tapeal clay de beloved haqsele." Even without this issue, the guy should be possible for a schua. It's like the guy who's, because he's business card professional gambler. That would be a little bit suspicious. Well, "Roya" also. So, back in the gamora of a tapeal clay, forget about everything up until now. Why don't we conclude we should have an issue with his schua. "The havele roya." What about it, if he's a roa? Come with it. "The dumara of aie huda stam roya is possible." They go. The animals graze in other people's fields. Well, there's actually two types of royas, and that's why this is not an issue here. Laikasha. Is he pastoring his own animals, or is he pastoring somebody else's animals? Ha! It's really an annoying ha, D-Day. If it's his own sheep that he's doing, then there's lots of guys who cut corners on their own sheep. They have them graze in somebody else's field. However, comma, ha! It's really an an this ha. Dama, shepherding other people's sheep. Although he's in the game, he's shepherding other people's sheep. Right, but "Roya" in general was saying the person has a impression of "Roya" should be puzzled. So, he answered, "Well, it depends. If he's the type of guy who does his own sheep, okay, fine, but if he's doing other people's sheep, almost, we'll say as a profession, that's going to be different." And the reason it's being different is because what does he gain from it? You know, he'll have to sheep a little bit hungry, not his sheep. De elo te mahawki. If you're not going to say this, and you're going to say rather that all shepherds are puzzled, no matter whose sheep they are shepherding, anan, than us, like the normative Jewish religious community. How can we possibly give over our sheep if basically, like, do we give over our money to the guys who go to, I don't know, Vegas or Atlantic City for a weekend and they're making a quick buck? Like, of course not. That's not what a leadership person does. So, how can we give over our sheep to them? Ahak siv. Doesn't the person say, "Belief me either. Loist you to initial." Don't put the something back in front of the blind. You won't be allowed to do that. How can we give over our sheep, Elo? No. The general rule is most people, even if they do things wrong, it's because it's of some benefit to them. If there ain't no benefit to them, most people have a guilty enough conscience that they're not going to do it wrong. Hazaka in Adam Huyte, the loi loi. It's rare to find the person who's willing to do something that he knows is wrong if he's not getting any benefit from it. And that's how we can give over our sheep to people, because if the guys watch another people's sheep, the assumption is that he's not going to go graze in other people's fields. It doesn't gain him anything. If it's his own sheep, this is great. He figures he can graze in that field and this field can save himself a ton of money and the food he has to provide for his sheep. So you're going to say that the roya is going to be able to tell her to give it to her? Correct. If his profession is a roya, who does other people's sheep? You have these guys who, let's say, walk other people's dogs and they walk their own dog. Or it's not the best example, but sheep. Other people's sheep are his own sheep. It could even be the same person, it's just who sheep was he working with at the time. Okay, said the Mishnah. The Mishnah, I guess the next line in the Mishnah was, Zeyi Shavashi in the bell pakas mihre, et cetera. So there's this interesting type of shwun. It's not even really clear from the words he's saying. What is he swearing about? We had two guys walk in. Each one was holding onto a talus and we said, "Well, you should have to swear." What is he swearing? Is it alde islei Mishtaba? Oh, alde leislei Mishtaba. And Rashi here is beautiful. It's a bit of an interesting question. Literally, is he swearing about that which he has or that which he doesn't have? Want to read the Rashi? Rashi is about six lines down from where we are in the Gamora. Dibramaskil. Alde islei Mishtaba? Oh, alde leislei Mishtaba. She's a beautiful Rashi. Habali Shava, the person who's coming to swear. Villito Chatsen to take half. Kamma. Sorry, holy Shava. Is it alde leislei Mishtaba? Is it alde leislei Mishtaba? Is it alde leislei Mishtaba? Is that ishwa? I have half. Kamma. Or leisheva b shein leibah. Paklei Mishtaba. I don't have less than one half. Now, if he's going to swear that he doesn't have less than a half. What's the implication of that? Shama. Hein leibah, klum, the concern is maybe he doesn't have any of it. Dibramaskil. When he made that shua, shein leibah, paklei Mishtaba. I don't have less than half. Be emesunish by his swearing. Honestly, shein leibah, klum. He doesn't have anything. What's the implication? Dibish, leibah. Everything would be fine and dandy. Imhayah, leibah, shlish. Let's say he had a third. Oravia. Or a fourth. For hunish man. And he swears. Shein leibah, paklei Mishtaba. He has no less than half. Nishwap is shaker. That would be a total lie. Shari, yayish leibah. He has a third, which is less than half. Shuhu paklei Mishtaba. The ein leibah, kratzia. Aval. You could see already the Jews are such a... Baruch Hashem. We got great ability to rationalize. We should do it for good. Aval, kratzia, ein leibah, klum. Nishwap, imesunishwap, imesunishwap, imesunishwap, imesunishwap, imesunishwap. If he's saying the implication of the shua, I do not have less than half. Could very well be, I don't have a third. I don't have a fourth. I actually have nothing. But we're not going to talk about that. That could be the implication. What is it exactly we're making shua? We go back to the question, is it Alta Islay? That what she has, I have a half. Or Alta Leislay. We saw the difficulty if he swears Alta Leislay. If he just says that he doesn't have half. It says I'm a third, doesn't have a fourth. Maybe he has none of it. So Amarafuna. I underline Rafuna and put a diamond around the Amar. The reason I put a diamond around the word Dhammar is four lines later. We're going to have another Dhammar. We're trying to figure out, what's the shua? What are the exact words that we're going to have this person swear? And on the line, their first diamond I put a number one. And the line with their second diamond, four lines later I put a number two. Dhammar's too low shyness. Here's the first one. What exactly is he swearing? It says Rafuna Dhammar. Quote. Shua Sheyesh Leibah. Kamah. Ve'en Leibah. Páchle smíchezio. End quote. I swear, this is what the fellas say, that I have in it and I have in it no less than half. Okay. That's the shua. Well, why not this? And here's a suggestion. There's a name I hear in a line later than another name. I put triangles. You could just underline it if you want. Venema. Well, one second. What was his claim? Five minutes earlier. It's all mine. So why doesn't he just swear to back up what he's original claim was? Why doesn't he say, "Kho'chle Chula Chula." The problem with that is that'll look really bad in the basement. Somebody's watching. He takes a shua, that's all his and one of the ramparts do they give him half. What's going on over here? You can really take a shua. That's all his. How can we give him half? So the Gomorrah responds with, he can't take that shua, because me, Ha'vinan Lei. Kula. Do we give it all to him? And the way Rachey expands it would be sort of a laws on the basin that people would say, "What's going on over here? They're making this guy swear to this and they don't even follow through on it." Well how about this? That's the Gomorrah. Vinema. How about if he says, "Shua Chula Chula Chula Chula Chula Chula Chula Chula Chula Chula." Okay, if they give him half, perfect. What's he make a shua? Half of it's mine. I swear. Well that's also a bit of a problem. Mayra la litti bourey. Five minutes earlier he tells the whole thing's his and now he says, "I swear that half of it is mine." Half of it is. You said it was all yours. So the Gomorrah asks, "Well, mayra la litti bourey." He'll ruin what he had said if he makes that. Well then hush to nami mayra la litti bourey. Even the suggestion that rafuna had four lines earlier, also may la litti bourey. He says, "Yes, all of it. What's he making this shua?" "I have part of it. I don't have any less than half of it." That's also a problem. So the, I guess it's rafuna. I didn't know what to say. I'm a rafuna. Might be the Gomorrah but I think it's rafuna. It's armor. This is what the guy says. It's great. Is it diamondry on this one? Because it's not the first diamond that we had four lines ago. Rather he has to sort of like clarify everything. He claimed five minutes ago in court. It's all his. Do you know what his shua is? Coolashalee. It's all mine. Comma connector. Now you, like rabbis, Uli di vreikum, according to y'all, say that like, okay, we're going to have to split it because there's another party here. Shua, shua, shua, shua, shua. I'm definitely going to shua that I have a ownership in it. But ili bapakas me rafuna have no less than half. That's his shua. End quote. Now we usually avoid having people take shua. Usually shua is because we want to encourage something that we would not be able to encourage that in shua. It's not just one person holding on the talus. There's two people holding on the talus. They're both literally physically holding on to the talus. Karimah akhar asked them more than. Shazette tofus volumid. Visette tofus volumid. They're both here. They're both standing in front of us. They both have its feasts in the talus. Shua's ulama. What's the whole point of the shua? Why? And there's two approaches and that's going to take us to the end of the shear. The first approach is brought to the spider of bionkhanan. Amar rib bionkhanan. I circled her bionkhanan's name. I put a big A in the margin and circled it. Where's an A in the margin? There's probably going to be a B in the margin, which is. An vavamadalith. An vavamadalith. An vavamadalith. An vavamadalith. About nine, ten lines down. There's an abbaiye. And that abbaiye gets a circle. Six. A one. Abbai amar. And there's a big B in the margin over there. And so much am I going to want to focus on this. There's these two opinions that we'll read like the first line or two of ribbionkhanan. We'll read Abbai. Bottom line. Each one's holding on to it. Why are we having a shua? What's the point of the shua? So, says ribbionkhanan. Shua zu. It's actually a takana slachamimi. It's a durabana. What's the durabana based on? Shua zu. Hey, shua zu. You don't want to have a society where people can go hoy lech. Vetokhe pittalith jachabir. And grab on to somebody else's thing. Valimar and Klam. Shua zu. That would really not be good for society. And therefore, we say, you know what? We're going to have to make you take a shua to the black. That claim of that will probably discourage about 99% of the people who would do this from doing it. I started at brackets before the word "vanema". And the reason I did that is because this is really all side points until we get to exactly the abi that we had circled on Valimar. I close the brackets over there. And we relentlessly attack this ribbionkhanan approach. And then we relentlessly support the ribbionkhanan approach. But at the end of the day, Abiye says, I just want to read the first sign of Abiye. Abiye says the whole shua is based on something else. That shua is based on Khashinan, Shama, Milvi, Yeshana, Yayshala. It's like another financial transaction that this fellow thinks that he really was owed the money. So a totally different approach is what the shua is for. Now let's see ribbionkhanan. So 100%. Totally new understanding of everything we've said up until now. Nothing with this transaction. Listen, I know Horowitz is kind of losing it. And I did lend him, you know, a hundred dollars and he doesn't know anything about it. So I'm going to go next time, you know, with some item and I'm going to sort of grab onto it. I'm going to get my money that way. A totally different approach. But the first approach, ribbionkhanan, is a shua sahana. Shua instituted by the Rabbanan. Because we don't want people grabbing other people's things and claiming it's theirs. Okay. Really. So the shua that we're going to have someone take is because the guy's going to grab onto something that's totally not his. That's the guy's a ghazlan. So the Gamora now asks, that's really a question. I'm going to say that. Because we're concerned that the guy's just going to grab somebody else's thing. Meaning he's totally suspect when it comes to monetary issues. Then he'd be suspect when it comes to taking a shua. Well, and just the Gamora, we don't say that. That suggestion that you made, a nice suggestion, but we don't say that. Well, and just the Gamora, we don't say that. We do not say that just comes somebody as suspect when it comes to monetary issues. He would be suspect of taking the Lord's name in vain. I mean, there's levels. And therefore, we do not say that. That low arena, big rachamamuina, hushrachu asso. Now, that sounds good, but we're going to try to bring a support for it. The rest of this ombud, we're going to try once we bring a support, we'll reject it. The second time, we'll reject it. A third time, we'll reject it. And then for those who are in a regular Dafian, when you get to follow them at Olive, we have three that we actually support, literally like from the first, I can imagine, stopping the Dafian, and the last word, and the last line of the ombud. And you think that there's no way in, and you come back the next morning. Anyway, we'll do both of them each time today. So here's the Gamora. The Gamora asks, really, that we don't say. And you know why we don't say it? Dilo, because if you were not to say this, I put a number one in the margin over here, that's going to be the more his first attempt. That's why you have to say that, because if you don't, about six, seven lines later. First word on the line is ditani. I put a number two in the margin over there. I'll mention the numbers when we get to them. And I'll mention this when we get to them. Let's just do the first one. Dilo, if you're not going to say that, then hi. This is the first case we're going to be presented with. I'm going to line the word hi. Hi, dama rafmana. Moide mitzataneishava. Very famous. If somebody comes and says, "Hey, Bob, you owe me a hundred?" Bob says, "No, no, you're 50." Then you have to take a schua. One second. Why are we making it a schua? Namah, why don't we say, migu de hoshana? Momayu de hoshana schua? We're not sure you'd like to have a 50. You might really have. Why are we trusting a schua? So the Gamora rejects that. And the Gamora's rejection, I put a double underline under the word hassam, because we're going to have each suggestion and then rejection. Suggestion, rejection, rejection. Here's the rejection of that. No. And we actually had this the other day. When it comes to a loan, in general, people who borrow money from other people really want to pay them back. But many times they're strapped on cash. They don't have the cash now. So they'll try to kind of like slide out of the responsibility to admit that they owe it, so that they don't have to like come up with the cash right there. Hassam, when it comes to a monetary loan, Istamu de kam Istammele. That kid De Raba, like the last one that we had the other day, really wants to pay it back. Wants to pay all back, but really wants to deny all of it because he doesn't have the money. And that's not really a full-fledged avarian. He's just trying to rationalize that he doesn't want to admit to pain right now. Teda, and know that this is true, that we're not closer to that person being a gazlan to Amar. Ravetti Baravan, we had him also a few days ago. I spoke with his name over here. He says in the name of Raverista that there's two types of characters. There's a character who denied a loan that he had ever taken, and actually he did. And there's another character who denies a deposit of an item that someone had given him. And he says, "When it comes to who will accept in court, Hakui verba milva, somebody who denies a loan, he's still cultural aedus." And why is that? Because again, he's trying to buy time, and when he gets the money, he'll be able to wear a big pikod on it. If it's a pikod on, that was the issue. And I put an arrow, I don't really need it, margin pointing down it. We're going to come back to this pikod on issue in about eight lines from now. But the pikod on possible ages. There's no reason in the world that the guy gave you his emerald green bowling ball that you should deny having. There's nothing to do with. It's not a shame, Kane. I'm going to give you a loan. What's a loan for? To spend. Like, by definition, it's to spend. And, like, by definition, many people won't have the money to pay back when they're supposed to pay it back. Allah, so we try again. I put a number two in the margin here. This is going to be a second approach, too. Because if you don't say that we don't hold up... ...this is the second case. And the word hah... ...this might look somewhat familiar. We had it recently. Arba Shaimim is Shaimim. There's the four categories of Shaimim who require to have to take that schluor that we talk about. The Shwor Shaimim... ...and he made this. And he made this... ...and he made this... ...and he made this... ...and he made this partial admission. And they are... ...a Shaimahrinam... ...a Shailah... ...and a Sakhar. That's the end of the Tinex source. One second. So, we're saying we suspect them that really they might have taken it or not telling us the truth. So, we're going to make the take a schluor. Why don't we say name Amigu de Chashinamayina? Chashashwosa! And clearly, we don't say that. Okay. No. This is not a good proof for that. Because hah-some... ...do we double underland the hah-some last time? That's double underlanded again. This is look-a more as rejection of that attempted proof. Ha-some-nami, what's going on over there is... ...Eshtamu-ti-kamish-tab-eats. He's trying to get out of it. Now, again, this is not necessarily the emerald green bowling ball that was deposited by him. But you know what happened is like... ...his job is to watch. He doesn't want to... ...not produce the item. He would love to have a little bit more time. Maybe even to be like a bit of a renegade. And to go find it if it was stolen. Or to go see if he can find it if it wandered off somewhere. Savaar! What is this guy figuring? Possibly. Mishkakna Laganavita-fissnalay. I don't know, I'll look back at my cameras. I'll get some information. I'll find who the ganavita is and I'll... ...looks really bad if you deposit by him something and it gets stolen. So he just denies it and he hopes that he'll be... ...you know, like a superhero the next week when he finds it and he can give it back. And alternatively, Mishkakna Laganavita-fissnalay. That's just an animal that didn't wander off somewhere off the plantation. Umm, I see Nala and I'll bring it back. That's what's going on in that case. Okay, so he was a Shaimer... ...also when it comes to a Shaimer. We don't say that his denial is going to be a problem. Well then what about a kobrepikado? Remember, Rivetti Barovins said two things. He said "by a kobrepikado" and "by a pikadoin". If you put the arrow in about six lines ago or seven lines ago, I put the corresponding arrow in over here. "Nema, why don't we say 'by the kobrepikadoin'". You know what he's doing over there? "Istamutikamishtame" he's trying to slide out of that responsibility. So far, figuring "Adebakashnumushkakna lay". He might have lost it somewhere. That looks really bad. Hey, where's my thing? I lost it. So he just denies it and he hopes to be able to find it. Why don't we say that by him also? So we say no. That case is going to be a very specific case. This is like it looks really bad. What looks really bad? Hey, Bob, where's the bowling ball that I left for you as a deposit? I don't know what you're talking about. Okay. Edem come. That time that he said he doesn't know what I'm talking about, it was like in his dining room, on the table, on the stand. Kiyam Rina, when we say, here's a forward phrase, a covertly cut impossible to aid us. That somebody who denies a deposit that was by him and really had it, is invalid for aid us. It's got to be a really specific, very incriminating type of situation. You're going to also Sahadi. Witnesses come. Vasidube, and they testify regarding this case. Connector Tahishata. That time easily we cut him a base. Vahaveyada. Okay. I don't know how we're going to know this. It's going to be very unlikely. But if they can come, if this guy can reduce witnesses. That when he said, "Where's my elmucan bowling ball?" I don't know where it is. No, no, no. At that time he had it in his house, and we knew that he had it, and that's very, very limiting. The case of Picotan, where the guy will be possible ages. Inami. Tahaveyada. Kiyam Rina. I don't know how likely this is, but hey, where's my diamond ring? I don't know what you're talking about. What's that bulging out of your right pocket? Oh, look at this. It's the diamond ring. All right. That's also very, very suspect. So we're making the case of what we're going to say, but Picotan is being very, very limited, but very specific. Either witnesses say, "No, you don't. Like, you had it. We were there." Or he's actually got the thing on it. Well, we're still trying to look for a mucker of why it is that we have to say that we don't say it. I don't know. How about if I pay you for it? Because I don't want to take a schvua. That's a standard case of she-lame? I don't know. Well, what do I want to say about that? Oh, no. We make him take a schvua. That doesn't have it. Because, you know, there is a very common occurrence where you had the thing. I like that thing. Whatever the item is. I like emerald green bowling balls. I'll just tell the guy that, "Listen, I don't know how about it. I'll just pay for it." The name of, why don't we say over there? If our whole thing is with suspect that the guy might have stolen it, then why don't we say suspect that he's going to swear falsely? Well, this is also no proof. This is interesting. This is the psychology we're going to get into with the next few lines over here. What do we say considered make somebody a ganav and what doesn't? Hossum. I double-ended on the word hossum. Nami. It's not outside the realm of normal possibility, moira vama. That's what we said. I like that emerald green bowling ball. I look at it on Amazon. It costs, you know, $50. Dami ka yahivna lei. I'm going to give the guy $50. I'm not a thief. And that is not a total ganav. So we don't say that just because he's kashir amameina, this kashash vuasa. Because his mama is kashir amina. He doesn't even really see it as being much of a ganav. I'm going to pay the guy for it. So let's try this. I'm rather of Akamea. You have to do the ravina. What about this case? I handle the word vaha. This, I guess, if the previous approach was approach 3A, this would be approach 3B. One second. You're telling me that the situation is we deposited the emerald green bowling ball by him. I saw it. This guy said, oh, I'd like that to be mine and took it. Isn't that known as leisachmeid? Like one of the big 10. You shall not covet your neighbor's stuff. And it says emerald green bowling balls. But it's the same thing. Bahakavaral. One second. If this guy is doing this, he's violating the core principle of leisachmeid. So how could we trust that he's not going to violate taking us to a false league? And this is such a beautiful answer. It's clear that the tarshebel pen, the rabbana, have the ability to differentiate even something like this, depending on the way society views it. Does this fellow view it as though he's violating the Torah prohibition of leisachmeid? No, no, no, leisachmeid, if my neighbor's wife is like if I take her and make her mind. Or leisachmeid, the donkey of my neighbor is if I take it and then steal it. Seachmeid answers the kumara, kama, leinci, as far as the common understanding of it is understood by the typical person. The lei dhammi mashmaluhu. They understand it to me that we all know all the drashas, but basic understanding. Don't think something has not mine without paying for it. But this guy thinks himself I'm paying for it. And therefore he's not really, this would not be a good proof for that we don't say. And we'll continue on the vow of Allah. And I handle in the word "how" over here. Two lines there is another "ha" handle on that. Another two lines there is another one we'll see. This is basically going to be, I think these proofs, they're not rejected. So these are going to be three solid proofs of that we don't say. Just going to somebody's "Rashamai na" is "Rashamai na" is "Rashamai na" Here's the first. "Rashamai" is the first. "Rashamai" is the first. "Rashamai" is the case of a kauferbe call. Hey, where's my thing? Where's my money? Nothing. What do we say? What do the courts do? Mashi bein a sichwa seses. They make him take "ishwa" to Rabannan. Really? The guy is denying everything. Why would we make him take? Because we think he might have it. Well, Naima, why don't we say over here if it was a principle that we would base things on, "Migu de hushamu na hushamu waasah." We don't say it. Yet we make the guy take "ishwa." But we're hushing him from like taking this stuff. This "su" in a further point. I handle it in the word "ha". This would be, I guess, a fifth proof. The second one is going to stand. We had the case recently. You got the shop owner. He keeps a record. So we got some workers. And you got the boss. And the boss says, "Well, did you give my workers the stuff?" They said they didn't get the "lakmanioten" and the "vina" that you were supposed to give them. And I was supposed to pay them. And the workers say they never got in. He says that he paid basically, what do we say? "Nam nishbai'in, v'nightlin." You know what? The boss is going to swear and he'll be able to take. And they'll be able to take their wages. And the shop owner will be able to take. Well, one second. If they're both going to go to the Balabayas, the shop owner is going to go to the Balabayas. And the workers are going to go to the Balabayas. "Nam" and here it's even stronger. Because, I mean, it might be a misunderstanding. But there's definitely, it seems like there's definitely a liar here. It either happened or it didn't happen. Yet, we say they both take "ishwa." How can they do that? "Nam nishbai'in, v'nightlin, v'nightlin, v'nightlin, v'nightlin." And yet, we don't. "V'issu." And a, I guess, a sixth point, the last one, this one also seems to stand. "Hadda'amar of Shatius." I know the word "ha." Shatius says, "Shallaishwa'is moshbihinoyisai." When you have a showmar, "china." And a showmar, "china" says, "Oh, I'm terribly sorry, it was stolen." We actually make him take three schfoolahs to back that up. Firstly, "schwa'is lei paschat iba." Alright buddy, listen, we'll believe you. But swear to the fact that you weren't negligence regarding it. Secondly, "schwa'is lei schwa'is lei schwa'is lei schwa'is lei paschat iba. You also have to swear that you didn't use it for your own purposes. And the third one, which is just like the most amazing of all, "schwa'is china bei roshusi." That's the third tree we have to take. "schwa" that you don't really have it at home underneath the bed. Really. It's basically a schwa. "schwa" that I'm not a thief. That's where it's where I'm making him take the schwa. That's the greatest proof of all of them. If we're in Khosha that he's gotten under his bed and we're actually making him take the schwa'alah, and this is the conclusion. I squiggle him in the alah. Must be a low armory. And we do not say just because, "migu" that somebody is Khosha Ramamayna, there would be Khosha'alah. And as far as the conclusion, it kind of makes sense. There's certain things which hopefully always stay the case in Jewish society, which are bigger taboos than others. "Maman" Halaviah should be a big taboo. It's a big taboo, but a schwa taking the Lord's name in vain. Like in public it's something that at least most Jewish societies and cultures were very unwilling to do for many, many times. Abbai, who's the second approach? We had mentioned Abbai. I don't know if we go about it in three more minutes. The whole question was... Oh, okay. So the whole question was... You have two guys. This was tough as the tallest. That was tough as the tallest. What's the schwa? So the rebellion approach was that, well, we don't want people, you know, for society just grabbing onto a tallest and taking it. Abbai has says no. Abbai, Ammar, Khashin, and we're not going to be cultured. The people are just going to be taking things out. And if we are clustered of that, then are we really going to trust our schwa? He says no. The thing is like this. Khashin and Shama, Milva, Yeshana, Yash, Loy, Alav. The grabber ain't really such a bad guy. He really is owed a certain amount of money from that other person. And he can't get it back from the other person. So he figures, I'll just find a situation where the other person takes some item of value and I'll grab onto it and I'll get what's owed to me. Well, as to Gamora Ihaki, if that's the case, that's the only time we'll suspect that when there's two people, one of them's doing it, Nishkel Bolashvua. Then why do you have to take a schwa? In other words, he's in the right. He really is owed that money. So we've got to try again, back to the drawing board. For Abbai, Ella, it's similar but different. I split one on the Ella, we're not closer to that, he definitely is owed money, we're closer to Shama, Safak, Milva, Yashana, Loy, Shala. I think I remember the length of the money, I tried to get it back, I think it doesn't know for sure. Okay, well, this is a question that Gamora is going to ask. But do we not say the Lavamrinam? The toughest moment of his fakah. Mishtaba Naamimi, Safak. So you're telling me that he's going to claim by grabbing that person and saying because he thinks he's owed the money? Well then, if he thinks owed the money, he would take the schwa me, Safak. Amr if she should break Ravetti? No. If you're not really sure when it comes to monetary issues, it seems like human nature is ill here on the side of that you will take it. If it's a momentous issue. I think he owes me the money, he owes me the money. Parshi and shi me, Safak schwa, Fili Parshi me, Safak Milena. I'm not really sure. Okay, swearing the Lord's name. I'm going to go ahead and say that. Monetary issues. I'm pretty sure. He owes it to me. That's the difference. My time. And it's actually a logical distinction. And with this, we're going to conclude. Let's say I really realize, oh man, I can't believe it. I really wasn't owed that money. No problem. I'll just go to that guy and I'll return the money to him. Mamayna Isé Bechazara, as opposed to the fellow who willingly took the Lord's name to take a schwa. And it turns out it was really in vain. He can't give that back schwa. Le Isé Bechazara. Unlike money, where if you come to the realization that you didn't take it properly, you can retrain, maybe with a big apology, maybe with a box of chocolates or something. When it comes to a schwa, you can't take it back. And therefore, people are much more willing, if even it's a suffix, to go for the Mamayna, but not for the schwa. [BLANK_AUDIO]