Talking Talmud

Talking Talmud

By Yardaena Osband & Anne GordonReligion & SpiritualityJudaism
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Talking Talmud episodes

  • Bava Metzia 4: Determining Facts on the Ground
    Deriving the kal va-chomer reasoning got the stringent and lenient cases in testimony - and the strength of 2 witnesses (against the statement of the main person in question, eg, a defendant), in establishing the need for the party in question to take an oath regarding his claim. Also, different ways that one can confirm a partial claim and deny the rest - what happens then? When must an oath be taken? When must one may back what they've said they've paid (or the rest of it)? Plus, what happens when part of the terms are about a loan of land and part is vessels or utensils - when oaths for the sake.of one's claim about the transfer of land are not in use, without much explanation.
    29 min
  • Bava Metzia 3: Oaths vs. Testimony
    When two people claim ownership of an object, the "solution" is for both parties to swear an oath that each has nothing of the other's. Complicated by possible witnesses, and also the logic of a kal va-chomer. How much can testimony bring about - with regard to punishment and/or offerings on the part of the subject of the testimony.
    23 min
  • Bava Metzia 2: It's Mine, Mine, Mine, Mine, Mine!
    An introduction to Bava Metzia, and to the first chapter. Plus, the famous first mishnah - with 2 people laying apparently equal claim to a found object. Or two are riding on an animal and both claim ownership of the animal. They both swear and divide the item - to the extent possible, when there's no other way to ascertain the accuracy of each's claim.
    28 min
  • Bava Kamma 119: Holding on to What Is Yours (Or Not)
    Stealing from another is like taking a part of the soul of the owner of the item stolen. With proof texts, of course - including the biblical term, "hamas," which is not the meaning we know nowadays. More, extortion. In the context of the story of King Saul, the city of Nov, and the killing of kohanim. [Where's Where: Mehoza] Also, a new mishnah, on who owns the remnants of things when handled by specialists (the launderer, the carder of wool, a carpenter or chiseler, for example). With possible implications for where the crafting was done. Plus, the growing of certain plants and using them or not. And there the tractate ends, in medias res, so to speak.
    27 min
  • Bava Kamma 118: Count Your Sheep!
    4 mishnayot: Paying back an original owner should not take place in a deserted area. And: does one have to pay when one can claim ignorance of a need to pay back (certainty vs. unsure bring relevant). And: Stealing a lamb from a flock and returning it before anything happens to it - what happens if the owners knew? What happens if they didn't know? Rav, Shmuel, R. Yochanan, and R. Hisda has answers. And: The assumption that a wife isn't lying to her husband when selling animals in the marketplace - but let the buyer beware!
    18 min
  • Bava Kamma 117: Comeuppance for R. Yochanan and the Resurrection of R. Kahana
    Case reports and the rabbis' rulings: what happens when one Jew turns in another Jew to the authorities (specifically, objects). [Who's Who: Rav Kahana] A story: one who wants to show another's straw to the authorities, against better advice, and pays for that intent with his life. Which leads to a discussion of why the harsh response, including a window into the ways of the rabbinic academy. Plus, the drama between R. Yochanan and R. Kahana. Also, more cases of informants and thieves and the need (or not) to pay back. Plus, a new mishnah with an overflowing river.
    31 min
  • Bava Kamma 115: The Law of the Marketplace
    The decree of the marketplace - takanat ha-shuk. Where something stolen in the marketplace leads to ye'ush (despair) and new ownership, and difficulty in requiring payback by the new owner to the original owner. Also, a new mishnah - when one has a barrel of wine and another has a barrel of honey, and the wine owner pours out the wine to offer the barrel to the slavage the honey. That wine owner can't claim the honey owner owes him for the wine, unless there was a stipulation and agreement in advance. Also, donkeys crossing a river, where one leaves his own donkey to help save the other more expensive donkey....
    31 min
  • Bava Kamma 114: Go Tell the Bees That They Are Home
    A case of a Jew who is excommunicated because he's caused harm to another Jew, but via a non-Jew: selling a field that borders the property of Jew to a non-Jew. Plus, bees! And what happens when an aviary is on the border of one's property. Also, the Gemara's read of the mishnah's case of the bees. And to what extent casual conversation may count as testimony. And a second mishnah: When you see your stuff in someone else's possession. To what extent is robbery an issue in the place? That will determine whether the current owner needs to swear that he didn't steal them.
    28 min
  • Bava Kamma 113: Excommunication
    The daf describes when and how people are excommunicated if they do not listen to the beit din. A new mishnah discussed using funds we assume are stolen. The daf discusses if one may steal from a non-Jew.
    24 min

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