The rabbis and Rabbi Yehuda disagree about whether a humiliation payment is paid by one who humiliates a Canaanite slave. The basis of their debate depends on whether a Caananite slave falls under the term ‘your brother’ that is used in the verse in the Torah regarding the humiliation payment. How do their interpretations of ‘brother’ fit in with other Torah verses that use that term as well, such as false witnesses (eidim zomeim) who testify against 'their brother', a king that is chosen from among 'your brothers', and who is qualified to be a witness. The Gemara brings two different ways to learn that slaves cannot be witnesses. How is it different than a convert whose testimony is accepted? The mother of Rav Shmuel bar Abba wanted him to inherit her property when she died instead of her husband so she wrote a document bequeathing it to him. Since her husband had rights to the produce of the property while they were married when she wrote the document, did she have the right to pass on the property to her son? The rabbis disagreed about this and the Gemara explains the basis of their positions.

Bava Kamma 88 - January 29, 19 Shvat

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If a worker is hired to do a job, such as irrigating a field, but circumstances change, like rainfall, rendering the job unnecessary, where does the responsibility rest, and what factors influence it? Rabbi Dosa and the rabbis hold differing views on whether a worker who backs out midway should receive full compensation for work already performed, or if the worker must reimburse the employer if the employer now incurs higher costs to complete the remaining task. Rav aligns with Rabbi Dosa's stance, although this contradicts another statement attributed to him. The Gemara proposes a solution to this contradiction but identifies two challenges with the proposed resolution, both of which are resolved. Within this discourse, a braita is cited regarding a seller or buyer reneging after the buyer has made a partial payment. Various segments of this braita are elucidated further.

Bava Metzia 77 - May 15, 7 Iyar

 Study Guide Bava Metzia 76 Our learning today is in honor of the State of Israel celebrating 76 years of independence. We also continue to pray for the swift and safe return of the hostages, and for the safety and success of our soldiers.  What are the rules surrounding a worker or employer retracting from an agreement? When the Mishna mentions one party "deceiving" the other, what does this mean? Is it referring to a worker canceling on the employer, the reverse scenario, or does it involve an instance where an employer directs an agent to hire workers, but the agent communicates a wage different from what the employer had stipulated? While seven potential scenarios of the latter circumstance are delineated, only certain ones conform to the legal principles expounded in the Mishna.

Bava Metzia 76 - Yom Haazmaut - May 14, 6 Iyar

Is it permissible to borrow grains with the agreement to return them later in the season when their value is expected to increase? Typically, such arrangements are viewed as involving interest since the value of the grains is likely to rise. However, it is allowed if the borrower already possesses grains, even if they are not readily accessible. Should the borrower only borrow against the grains they presently own, or can it be a nominal amount? Hillel prohibited lending a loaf of bread, fearing that the price of wheat might surge before the loaf is repaid. What rationale led the rabbis to disagree with Hillel's position? Shmuel asserted that Torah scholars could lend money to one another on interest – why? Rav sanctioned a father lending to his child on interest for educational purposes, yet the Gemara dismissed this, citing the potential for sending the wrong message to children. Can a person work for a friend one day and vice-versa without incurring usury issues? Under what circumstances is this permissible? Transgressions of interest extend beyond monetary transactions to include conveying information or offering greetings. What infractions do both borrower and lender commit when doing loaning with interest? Numerous statements underscore the severe repercussions for those involved in interest-based lending. It is cautioned against lending money without witnesses, as Rav fears it may prompt the borrower to deny the loan, while Reish Lakish is apprehensive about inviting curses upon the lender due to erroneous perceptions of dishonesty.

Bava Metzia 75 - Yom Hazikaron - May 13, 5 Iyar

This week’s learning is dedicated for the refuah shleima of Pesha Etel bat Sara who is undergoing surgery this week. This week's learning is sponsored by Audrey Mondrow in loving memory of her mother Bessie “nanny” Mauskopf, Basha Leah bat Tzivia Chaya and Meir Yehudah. "A kind and devoted wife, daughter, mother, grandmother and great-grandmother. She always embraced family and was so proud of all my learning. She exemplified good middot by just being herself. May her neshama have an aliyah." This week's learning is sponsored by Rhona Fink. "With gratitude to Hashem, we welcome our first grandson, Ezra Lev, born on the first day of Pesach to our son and daughter-in-law, Daniel Fink and Abbey Marks. May Ezra Lev grow up to be a helper with an open and warm heart, and a blessing to the Jewish people." What is a "situmta," and does it finalize a deal once completed? Rav and Shmuel hold differing views on a scenario where a product is sold and payment is received before the product's completion. They debate the number and nature of remaining steps in the process that still consider the item in the seller's possession, thus circumventing usury concerns. Several difficulties are raised with the different opinions based on the details brought in our Mishna and are resolved. The Mishna presents a debate on selling manure as fertilizer even if one does not have any. How many different opinions are there and what is the debate between them? Regarding prepayment at a set rate, if prices subsequently drop, can the buyer withdraw from the deal to avoid loss? Here, the Mishna records a dispute: the tana kamma asserts withdrawal is permissible only if initially stipulated, while Rabbi Yehuda dissents, allowing withdrawal regardless. In a case involving a son-in-law purchasing dowry jewelry on behalf of his father-in-law, paying upfront, then witnessing price reductions, Rav Papa bars withdrawal without initial stipulation. Despite money not constituting an act of acquisition, reneging is met with a "mi she'para," a curse for breaching one's word. The rabbis and Rav Acha raise objections to Rav Papa's ruling, which are subsequently resolved. The Mishna permits lending grains to a sharecropper for planting, even if prices rise. A related braita endorses the practice but restricts it to instances where the sharecropper hasn't commenced work. Rava elucidates the disparity: the Mishna concerns scenarios where the sharecropper typically provides seeds, rendering pre-planting agreements contractual rather than loans. Conversely, the braita pertains to situations where the owner typically supplies seeds, meaning that once the sharecropper begins work, the subsequent loan of grains is no longer part of the work contract, but an actual loan, which is forbidden, as any loan of grains for grains.

Bava Metzia 74 - May 12, 4 Iyar

What are the various methods through which individuals can engage in business transactions where payment or goods are exchanged upfront, with the agreement set at a fixed or reduced price? The Gemara delves into diverse scenarios, providing rulings on the permissibility, prohibition, or contentious nature of each. In some documented instances, Rabbis faced accusations of involvement in transactions resembling usury. Yet, on each occasion, they provided clarifications demonstrating why such actions did not constitute usury.

Bava Kamma 88 - January 29, 19 Shvat

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