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|BAVA BASRA 128 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.|
1. The Gemara discusses a dispute about the ownership of a slave. The defendant says that he will give over the slave if the plaintiff swears that the slave is his.
2. There is a dispute about whether creditors of an estate may collect the deceased man's slaves.
3. There is a dispute about whether certain close relatives may testify for each other.
4. There is a dispute about whether a person who could see, and then became blind, may testify.
5. The Gemara discusses a case in which a lender claims that he was not paid back at all. The borrower says that he paid half. The witnesses say that he paid in full.
A BIT MORE
1. If the defendant says that he will believe the claimant if he swears, even though the defendant does not have to do so and could just walk away with the slave, he must give over the slave to the claimant if he indeed swears the that slave is his. He cannot claim, "I knew that your claim had no merit, and I was just saying that you should swear for the fun of it."
2. Rebbi Aba: Since slaves are compared to land, they may be collected. Rav Nachman: Even though slaves are compared to land, creditors do not expect to collect them as repayment for debts. Therefore, they are not included in their lien on the estate.
3. Rebbi Aba: A man may testify for his grandfather's brother's son (his first cousin, once removed). Rava adds that a man may testify even for his grandfather's brother (his great uncle). Mar bar Rav Ashi: A grandson may testify for his grandfather. (The Halachah follows Rava.)
4. Rebbi Aba: He may not testify about the borders of a field. Shmuel: He may testify about borders, as it is possible that he can recognize the borders due to the landmarks that he can recognize through other senses. He may not testify about ownership of a shirt.
5. The Gemara rules that the borrower must swear that he paid half (as is the law in a regular case of Modeh b'Miktzas). However, the other half may not be collected from the property that he sold to others after he took the loan (if the borrower does not have money to pay back), since those buyers may claim that they believe the witnesses that the borrower paid back in full.
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