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Bava Basra 34
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BAVA BASRA 34 (11 Iyar) - dedicated by the Feldman family in memory of their
mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).
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1) [line 2] IKA CHAD SAHADA (SHEVU'AH: ED ECHAD)
Beis Din may not extract money in a court cased based upon the testimony of
a solitary witness. The Torah states "Al Pi Shenei Edim...akum Davar" -
"according to the testimony of two witnesses... shall a verdict be
established" (Devarim 19:15). However, Chazal learn (Shevu'os 40a) that the
testimony of one witness is effective to obligate the defendant to take an
oath that contradicts this testimony. If the defendant does not agree to
swear, Beis Din can then obligate the defendant to pay all of the
liabilities to which the one witnessed testified.
2) [line 4] HAVAH LEI K'GAZLAN (SHEVU'AH: PESUL GAZLAN)
A Gazlan (robber) is disqualified from giving testimony, as the verse
states, "Al Tashes Yadecha Im Rasha Liheyos Ed Chamas" - "do not place your
hand with the wicked to be a thieving witness" (Shemos 23:1). As such, if
Beis Din learns (through testimony that was given of other evidence) that
someone is a Gazlan, he is disqualified from giving testimony in Beis Din.
34b---------------------------------------34b
3) [line 1] ARBA - boat
4) [line 1] D'HAVU MINTZU ALAH BEI TREI - about which two people were
arguing (with regard to its ownership)
5) [line 3] TIFSUHA - [Beis Din should] seize it (so that my opponent does
not sell it)!
6) [line 6] AFKUHA - [eis Din should] let it go!
7) [line 6] KOL D'ALIM GAVAR - whoever is stronger (through legal proofs or
physical strength) will win (RASHBAM)
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