Beyond the Daf - Hadran

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 147 sources Bava Batra 147b discusses the rabbinic decree (takkanah) to allow a person on their deathbed (shekhiv me-ra) to effectuate a financial transaction by words alone rather than requiring a formal act of acquisition (ma’aseh kinyan) out of fear of causing teruf da’at. What does teruf da’at...

Bava Batra 147 המוכר שטר חוב לחברו וחזר ומחלו, מחול?! Gefet Ep.91 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Learn more on http://hadran.org.il/

Can I sell fruit that WILL grow in my orchard or only fruit that has ALREADY grown? Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 140, 141, 142 Bava Batra 142a discusses an expectant father’s decision to transfer ownership over some of his possessions to his unborn child. This opens up a question that shows up throughout Shas, namely whether...

Bava Batra 139 רואה אני את דברי אדמון? How do poskim determine whom to follow when faced with a dispute in the sugya? What happens when a sugya's plain reading contradicts a general pesikah principle? This sugya, about a dispute between Admon and Chachamim over inheritance law, offers us a window into the considerations that motivate poskim in their interpretations of the text. Gefet Ep.90 Gefet w...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 131 132 What can we assess about the intentions of those who are giving, accepting, selling, buying, etc. without them being explicit? In this shiur, we will examine the concept of אומדנא, assessing intentions that are not made explicitly, and how/when they play a role in defining the parameters o...

Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 89) According to the basic principles of inheritance in  halakhah,  children inherit from their parents. What is the reasoning behind this basic halakhic rule? And how do  Chazal think about parents who give their property to others so their children can't inherit? Join u...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Din Yakir דין יכיר Bava Batra 127b The Gemara describes the credibility of a father who states that his son is not biologically his and even that his son is illegitimate. In this shiur, we examine where this credibility comes from, how it might be used and misused, and the limitations that are placed on it....

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra perek יש נוחלין שטר חצי זכר Despite the fact that daughters, both Biblically and rabbinically, do not receive inheritance (but only support) alongside their brothers, today women do receive a share in their deceased parents’ estate. How does this work, and why is it permissible? Dr. Elana Stein Ha...

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Bava Batra 110 sources Learn more on hadran.org.il

A special shiur with Avigail Gross Gellman from Hadran’s Journey to Rosh Hashanah in honor of the upcoming chag. As we reflect on this past year’s challenges, may our tefillot and the shofar’s call usher in a year of healing, growth, and peace. Shana tova u’metuka from the entire Hadran team ❤ hadran.org.il

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 84b רוב בממון ⁠ sources The Gemara describes a disagreement between Rav and Shmuel over whether we can presume the intentions of a consumer based on the majority of situations. In this shiur we will examine the logic behind Shmuel’s view, namely that we should not presume that consumers are acting...

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Sources Bava Batra 88 Learn more on hadran.org.il

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 84b Sources The mishnah on Bava Batra 84b discusses the possibility of a consumer acting in a clever manner to pre-empt the seller from canceling the transaction. What is the meaning of this category of being clever (פקח.ת), and how is it different from being a trickster (רמאי), which is considere...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain How should we interpret ridiculous transactions? The case of massive overpayment. Bava Batra 78a בכדי שאין הדעת טועה Sources The Gemara suggests that the overpayment which is obvious to the buyer is not considered ona’ah, and the transaction is valid. This is because we assume that the buyer was aware of the...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Bava Batra 64a, 71a The Gemara in the fourth perek of Bava Batra addresses the question of whether people selling land, giving gifts, and sanctifying property for hekdesh generally act with an attitude of generosity, making their handover of property more inclusive, or whether they generally act with an atti...

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer ⁠Sources⁠ Bava Batra 59 60 Learn more on https://hadran.org.il/

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain דינא דמלכותא דינא Bava Batra 54b-55a Shmuel introduces the notion that the law of the land must be followed by Jews. What is the concept behind this? How much does the law of the land become part of Jewish law, and how much is Jewish law “subject” to the law of the land? Dr. Elana Stein Hain – dinanddaf@hadr...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain What is Mechilah? How the Case of Mistaken Mechilah Answers that Question Bava Batra 41a sources The possibility of having a chazakah of three years over landed property corresponds to presumed mechilah (or waiving of rights) by the original owner? But what is mechilah actually? Is it a type of kinyan, or so...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain כׇל הַמְחוּיָּב שְׁבוּעָה שֶׁאֵינוֹ יָכוֹל לִישָּׁבַע – מְשַׁלֵּם Bava Batra 33-34 On Bava Batra 34a, a principle is introduced in the name of Rabbi Abba, that in a case of monetary dispute, anyone who is obligated to take an oath but cannot do so must pay the other litigant. How should we understand this po...

Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 88) "God's seal is truth," and so the duty of a judge when faced with a dispute is, in general, to successfully bring the truth to light. But what does a judge do when there is no failsafe way to determine the right answer? Today we'll familiarize oursel...

Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 87) What happens when the testimony of two witnesses contradicts the testimony of two others? Clearly, someone is lying - we just don't know who the liars are. Can these witnesses testify again in the future? Rav Huna thinks they can, but Rav Chisda disagrees. What is...

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain What is the concept behind חזקת ג’ שנים? Bava Batra 28a sources The third perek of Bava Batra introduces the concept of חזקת ג’ שנים, that one who has been living on a property for three years without protest from the original property owner is considered the new owner despite having no official deed of sale...

Gefet: Gemara, Perushim and Tosfot An in-depth ( Iyun ) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 86) The Mishnah at the end of yesterday's Daf becomes the basis for the legal principle of "gerama benizakin assur." Gerama is damage that comes about as an indirect or roundabout result of a person's actions. This principle raises the larger question of...

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer Sources Bava Batra 26 27 28 Learn more on https://hadran.org.il/

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Why Was Rabbi Yirmiyah Thrown out of the Beit Midrash?  Measurements, in Theory and in Practice Bava Batra 23 sources On Bava Batra 23b, R. Yirmiyah gets thrown out of the beit midrash for questioning the standard measurement established for determining ownership of a fallen bird by offering a theoretical ex...