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30.10.15

Ideas in Talmud
 Ideas in Talmud Title Page


Ideas in Bava Metzia
  [This is a summary of the learning I was doing in Uman with David Bronson up until about page 104 at which point I had to struggle on my own.]



Dear Readers. The Ideas in Talmud book I edited a few times since the last time I printed it. The other one I think is still the same as a month ago. In the meantime I have been trying to learn Rav Shach's book on the Rambam. [I.e the Avi Ezri by Rav Elazar Menachem Shach of Ponovitch] But I don't have a lot to add to his analysis. Mainly I am learning it in order to gain greater clarity in the Rambam. I really don't think I have the merit to learn Torah. The obstacles are so great that even to  to learn one word of Torah is like pulling teeth. But I thank God for even that one word as if I had found a vast fortune.

I also edited the Ideas in Bava Metzia because I think one idea there was a mistake.--on page BM 110. I think when I wrote it I did not understand the idea of Tosphot. Actually I still don't understand what Tosphot is asking but at least I wrote my question properly. --that is that Tosphot wants to ask on Ravina that if he is right the the regular case in Bava Batra about the guy that has  field three years and the other says he stole it the second guy would be believed because he could have said משכנתא דסורא/
I don't get this at all. as far as I can see in our case in Bava Metzia 110 we have two guys that both agree it was  משכנתא דסורא. And there Rav Yehuda holds from a migo for the person that at present still has the field though he is not the owner and Ravina says we believe the owner and does not believe the migo of the other. I might not be writing this right but you get my point. Tosphot question works only to Ravina and Ravina is the one guy that does not hold from a migo. and also in Bava Batra if he would say משכנתא דסורא who says we believe him? We only are believing him here because both agree it is a משכנתא דסורא. I may not be writing this correctly --but I don't have to. I am simply asking two questions. You don't need any standards of rigorous logic to not understand something.

Maybe I should just write this straight in English. Two guys come to court. Both agree the case is that of משכנתא דסורא. A משכנתא דסורא is a case in which one persons loans money to the other. as a guarantee for the loan he gets the filed of the borrower. And he eats the fruits of the field. And after ten years the field goes back to the borrower even if he pays back nothing. But in our case they are arguing if instead of ten years their agreement was for three or five years. Ravina says we believe borrower. That is to say he gets back his field after three years. Rav Yehuda says we believe the lender and he keeps it for five years. The reason is he could have said he bought it.  Tosphot asks if Ravina is right then in the case of two guys coming to court, one says I bought this field and we know it has been in his possession for three years and the other says he stole it the second should be believed because the second could have said משכנתא דסורא. Two questions. Here Ravina does not hold from migo and we have seen that migo is only mentioned by a guard. To learn it elsewhere we need some compelling reason. Maybe Ravina does not hold from it anywhere except by a guard. Another question. Here is a case where both agree it is משכנתא דסורא. Who says in the case in Bava Batra where one says he stole it and the other says he bought it that the accuser would be believed if he saidמשכנתא דסורא?


Now Tosphot answers his question thus: It is  migo to take out. That is a good answer. But I still don't see why Ravina should hold from any migo except the one the Torah says openly.
that is you believe the borrower here because we know he owns the field. the other is just eating teh fruits.We don't believe the other by a migo because it is  migo to take out. and also a migo of the owner would not work after three years in bav batra because it too is  amigo to take out.--i guess? or would you not say here you should believe the migo of the lender because for no the file dis in his temporary possession and the fruit  in any case is in his possession.! If only I had  a Bava Metzia to look this up! But like I said--i was thrown out of almost every yeshiva I ever walked into. And in exile from places of Torah at the best I can only grab a NY minute with Torah from time to time.