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Bava Basra 31
BAVA BASRA 31 & 32 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
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1) [line 4] MAH LO L'SHAKER (MIGO)
The words "Mah Lo l'Shaker" literally mean, "Why should he lie?" This
concept is a legal device with which a person's claim is believed because
had he wanted to lie, there was a lie that he could have used that would
have been more readily believed by Beis Din. However, if a person's
believability in Beis Din is based upon a Mah Lo l'Shaker and there are
witnesses who testify against his claim, the witnesses are believed.
2) [line 9] TO'EN V'CHOZER V'TO'EN
(a) A litigant's defense is not accepted in court if it is not consistent
with an earlier defense that he made in court (Toen v'Chozer v'To'en). Our
Gemara discusses whether his second defense is believed if it does not
openly contradict the first, but rather interprets the first defense in a
somewhat forced manner. The Amora'im argue as to whether this slightly
contradictory statement is accepted as a defense in court.
(b) The Gemara's example is when someone claims that a field belonged to his
father, and he later modifies this statement by saying that he meant that it
is as clear to him that he owns it as if he inherited it from his father.
The Amora'im argue whether or not the court will accept the second claim.
3) [line 14] ASA ME'AVRAI - he came from outside [of Beis Din]
4) [line 15] TA'ANASEI AGMEREI - his friends and relatives taught him how to
reinterpret his claim for his benefit
5) [line 17] HEICHA D'ISHTA'EI MILEI AVRAI - where he talked about his
[pending] claim outside [of Beis Din]
6) [line 27] EDUS MUKCHESHES - contradictory testimony (EDIM MUKCHASHIM /
EDIM ZOMEMIM)
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* their testimony by saying that the first set
of witnesses were with them in a different place at the time that the first
set of witnesses claim that the act took place, the first witnesses are
termed Edim Zomimin (conspiring witnesses). The Torah commands that the
second set of witnesses be believed, rather than the first. In general, Edim
Zomemim are punished with the punishment they tried to cause. (Devarim
19:16-21. See MISHNAH Makos 5a)
31b---------------------------------------31b
7) [line 3] SHTEI KITEI EDIM - two pairs of witnesses
8) [line 6] BA'HADEI SAHADEI SHAKAREI LAMAH LI? - Why should I be associated
with false witnesses? (i.e. we do not accept either pair of witnesses in any
testimony ever again)
9a) [line 12] ANAN ACHTINEI - we (Beis Din) let him go down [into the field
(i.e. take possession of the field)]
b) [line 12] ANAN MASKINAN LEI - we take him up [out of the field (i.e. we
dispossess his of it)]
10) [line 13] ZILUSA D'VEI DINA - the degradation of Beis Din (by repeated
reversals of their rulings)
11) [line 25] TALYA B'ASHLEI RAVREVEI - (lit. it hangs on strong ropes)
great Chachamim said it (that we do not worry about the degradation of Beis
Din)
12) [line 26] EIN MA'ALIN LI'CHEHUNAH AL PI ED ECHAD - we do not verify
(lit. bring up, elevate) a person [whose lineage was not known] as a Kohen
based upon the testimony of a single witness
13) [line 27] ORERIN - (lit. protestors) witnesses who testify that he is
not a Kohen
14) [line 30] REBBI SHIMON BEN HA'SEGAN - Rebbi Shimon, the son of the
Deputy [Kohen Gadol]
15) [line 31] AR'AR CHAD - the protest of one [witness who testifies that he
is not a Kohen]
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