Havdalah, according to most opinions, is of rabbinic origin. Accordingly, the rabbis have a more flexible approach.
Priorities ‘According To Their Wisdom And Their Age’ (Bava Basra 120a)
Another example of a case in which the Modeh Bemikzat oath of partial admission imposed by the Torah does not apply is where the amount admitted is less than a minimum amount of two kesef silver coins.
He discovered the Mikraos Gedolos cost about 35 percent more than the Mishnah Berurah.
Final And Proper Honors ‘In A Grave Not His Own?’ (Baba Basra 112b)
The plaintiff is entitled to the entire maneh without having to swear.
A person cannot be forced to receive something against his will, replied Rabbi Dayan. Therefore, the recipient has the 'upper hand' and can choose either to uphold the gift retroactively or to refuse it.
The burden of proof required in dinei nefashot, capital cases, is heavier than the burden of proof required dinei mamonot, monetary cases.
In this case, if the defendant had wanted to lie, he could have – instead of admitting he snatched it and explaining that it was stolen from him – simply denied that he snatched it altogether.
At First Glance ‘While You Were Feasting On The Dates Of Babylon…’ (Baba Basra 107b)
The contractor warned me that the local safety code requires a barrier around the pool. He's supposed to come in two weeks to install it.
Although it is preferable to live in Israel, there is no obligation to go. However, once you live in Israel, there is an obligation not to leave.
A defendant who is faced with one witness who testifies that he borrowed money is allowed to swear that he never borrowed any money and receive judgment in his favor.
Law Of Averages ‘Catacombs Are Four Cubits Long’ (Bava Basra 100b)
The behavior of Rabbi Akiva’s students left them particularly vulnerable between Pesach and Shavuot since this period is a time of celestial judgment.
Consequential Limitations ‘Seeds That Did Not Sprout’ (Bava Basra 92a)
He considers it direct damage and writes that even a guardian who is exempt from negligence [e.g., be'alav imo] or even a person who is not a guardian, is liable in such a case.
Whereas one week is sufficient to restore an individual to his natural state of divine purity, the entire nation required seven weeks.
The Torah believes the testimony of one witness that the defendant does not deny under oath – as if it were the testimony of two witnesses.
Rabbi Nechunia’s Prayer ‘ Even So, An Actual Incident Is Greater’ (Bava Basra 83a)
After a couple of hours in the kitchen, the meat was on the fire, the chicken in the oven, and some kugels already out on the table.
In order for an admission of a debt or for the forgiveness of a debt to be effective, it must be accompanied by some overt manifestation of serious intent.
On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.
An Implacable Foe ‘Therefore Those Who Speak In Parables Say…’ (Bava Basra 78b)
If the chametz has already been legally nullified and physically burned, so that it is neither owned nor possessed by a Jew, why is it necessary to sell it to a non‑Jew?
Mr. Leiner checked the calendar, and saw that April 13 came out on Chol HaMoed. I was considering taking off that day, Mr. Leiner told his boss.
In all of these situations, the person volunteering the admission is exempt from any payment.
This is one of those posts that falls into the category of “If only I had the power to……..”
The reason the defendant must pay the money or return the item if he admits that he borrowed the money, stole it, or had something of value deposited with him but does not know whether he repaid the money or gave the item back, is as follows.
Must A Typical Sale Be Generous? ‘A Seller Sells Generously’ (Bava Basra 71a)
Glass cannot be kashered or used at all on Pesach because it is made of sand and is halachically considered earthenware.
Mr. Taub tried a few more times to contact Benjy, but was unsuccessful.
I can't accept that, said Mr. Mann. If you are not willing to honor the contract, we need to take up the issue in beis din.
Hung Out To Dry ‘A Roof With A Parapet 10 Tefachim High Is Not Included’ (Bava Basra 63b-64a)
If chametz became mixed with non-chametz on Pesach, the mixture is prohibited on Pesach even if the ratio of the permitted non‑chametz to the forbidden chametz is 1,000 to 1.
So too a person who admits he stole part of the money claimed, or who is confronted by only one witness who testifies to the theft, remains eligible to take an oath.
A Matter Of Priority ‘Lands Shown By Hashem To Moses Are Subject To Tithes’ (Bava Basra 56a)
The fact that two witnesses testify that the defendant borrowed the amount in dispute from the plaintiff does not discredit the defendant or disqualify him from taking the Shevuat Heiset oath of denial.
The prohibition of chametz on Pesach means that chametz may not be eaten or enjoyed, may not be owned or possessed, and must be removed from one's premises.
In addition, a customer who had been negotiating to buy Mr. Weiner's house managed to convince him to sign a sales contract for significantly less than he had initially asked for.
The irrevocable consequences of taking a false Modeh Bemiktztat oath of partial admission would deter him from employing such delay tactics.
Barry brought over the motorized bike, and Saul put it away in a spare room. A month later, Barry returned. A week passed and he did not come to pick up his bike.
What Was She Thinking? ‘I Did So Only To Please My Husband’ (Bava Basra 49b)
According to Jewish law and indeed any law, the best way to avoid such unpleasant situations is to be very specific in the contract of sale.
For example, the defendant testifies that he repaid 180 dinarim but regarding the balance of 20 dinarim claims he does not owe it for the following reason
Consent, however, is an elastic phrase under Jewish law and can be stretched almost to breaking point.
A Tax Free Meal ‘A Town Whose Torah Scroll Was Stolen…' (Bava Basra 43a)
Five months later, Mr. Levy's check bounced because of insufficient funds. The gmach was charged a $25 returned check fee.
If the deceased left no children, no descendants of his children, no father and no siblings, one looks further up the paternal family tree to see whether a grandfather survived him.
If Goats Had Wheels ‘The Goats Ate Husked Barley’ (Bava Basra 36a)
The security interest is equivalent to heilach, tendering payment of the debt, because it empowers the court to seize and sell the defendant’s land to cover the debt.
So I can't testify without raising the issue of Mr. Gold's disqualification? asked Mr. Hyman.
I instructed him to sell for $125, not less. Please pay the difference, or return the bike and I will refund the $100.
Within His Grasp ‘Title…Is Established In Three Years’ (Bava Basra 28a)
What happens if the occupier claims he purchased the house from a third party?
If the creditor responds to this unsolicited admission by thanking the debtor for reminding him of the debt, the finder is still absolved from taking an oath.
When Mr. Sender returned from work, he called Mr. Neuman. You left your bike in front of my car last night. I accidentally ran over it.
Beyond The Letter Of The Law ‘He May Be Replaced By One Who Teaches Faster’ (Baba Basra 21a)
The reason one witness supporting the defendant excuses him from taking the Modeh Bemiktzat oath of partial admission is based on the same logic that obliges him to take the oath when one witness testifies against him.
The court will ask Shimon: Why did you stand silently by for three years? Why did you not challenge Reuven or at least lodge an objection in the presence of two witnesses?
Even if the litigant is sophisticated in matters of Jewish business law, he still must specify his pleadings.
According to Rabbi Yosi, as long as one remains within the confines of one’s own property and one does not actively damage one’s neighbor’s property, one has the right to act as one wishes.
Sanctity In The Margins ‘Its Length Shall Equal Its Circumference’ (Bava Basra 14a)
There is nothing illegal about looking at other people just as there is nothing illegal with talking about other people.
A Fundraisers Reward ‘Those Who Persuade Others To Give Charity Are Greater’ (Bava Basra 9a)
I'm not an expert in the laws of ribbis, replied Mr. Rubin, but we can check with Rabbi Dayan.
No Trespass ‘Two Gardens: One Above The Other…’ (Bava Metzia 118b)
Mr. Lewis quickly called the owner above, Mr. Wasser, but the phone was busy. He ran upstairs and knocked on the door.
When it comes to the payment of debts, halacha, like other systems of law, struggles with two competing concerns.
When the landlord deposited Shalom's final rent check, it was refused for insufficient funds. He asked Shalom to make good on the rent.
For Lack Of Funds ‘Merchants in Sura Are Not in Violation of…’ (Bava Metzia 111a)
Must Investments Be Invested? ‘The Parts of the Iska Are Interdependent’ (Bava Metzia 105a)
The freedom to quit a job in the middle, like the exercise of all freedom, may need to be restrained to the extent that it hurts innocent people.
A Public Servant ‘You, Our Master, Are On Loan To Us…’ (Bava Metzia 97a)
The length of the advance eviction notice required by the halacha depends on the season in which the eviction occurs and the location of the premises.
Yossi settled down with some chocolate coins to study for a test on hilchos Chanukah. Suddenly, there seemed to be a commotion in the street.
When the two returned late that night, Dov took the coupon collection and threw it down the incinerator.
The loan portion of the capital is not at risk because, under the terms of the heter iska, Mamon will get it back whether the business prospers or fails.
His Father Gave The Ring ‘What About A Worker Toasting The Produce And Eating?’ (Bava Metzia 89a)
It would be hard for you to deny your knowledge of where this human cargo was headed, as the air was heavy with the smell of burning flesh. But you never killed anyone.
Law And Order ‘R. Elazar b. R. Shimon Would Apprehend Thieves …’ (Bava Metzia 83b)
Suddenly, she heard the clatter of shattering glass. Mrs. Friedman quickly turned around and saw Malka swiping at the jars of jelly.
Ribbit is defined in the Talmud as agar natar, which means any compensation, whether in money or in kind, a Jew receives from a fellow Jew for having to wait for payment.
In thirty-six different places the Torah warns us to be kind to people who have converted to Judaism.
Indeed, He Honored His Father ‘They Were Hired To Irrigate, But The River Dried Up’ (Bava Metzia 76b-77a)
Throughout the summer, Sara would keep the receipts of her expenses in a pencil case and submit them at the end of each week for cash reimbursement.
By Mark Cohen
Having trouble understanding what decorum should be in shul? Go watch (from without) services at the local church or Reform temple, where you can see how actual respect for a sanctuary is manifested.
He's A Communist! ‘If He Calls Someone A Rasha…’ (Bava Metzia 71a)
The right to a refund or to the return of the purchase price or the item, as the case may be, is subject to a time limit.
David ordered a bus. He divided the cost among the fifty friends and wrote on the sign that each person would have to pay $32.
Hatzalah And Other First Responders ‘Your Life Takes Precedence …’ (Bava Metzia 62a)
However, when he agreed to sell it to Moshe, he was no longer interested in selling it to anyone else. Shalom cannot acquire it without Yosef's consent.
It’s All In The Giving ‘Five Laws Require A Minimum Peruta’ (Bava Metzia 55a)
When he got to the yeshiva, he realized the bag with the sneakers had fallen off his knapsack. He retraced his steps, but could not find it.
What incentive does the seller have to salvage the object from fire if, at the end of the day, the loss is for the buyer?
The Case Of The Conflicting Commitments! ‘A Breach Of Faith’ (Bava Metzia 49a)
Thus, if the ticket was issued to the owner, the driver has no obligation to reimburse him.
Ensnarement and Atonement ‘The Only Proper Guarding Of Coins Is In The Ground’ (Bava Metzia 42a)
The two were the same height and dressed similarly, so Shlomie could not discern who had taken the money.
The Torah requires us to return lost property to its owner. It follows that if the lost property has no owner, there is no duty to return it and the finder may keep it.