Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein HainBeginnings and Endings: A Story Narrated by the “Bavot” Mishnayot What are the overarching framings of the Bavot? How do they relate to each other? What does the transition to Sanhedrin entail?

Sources Comments for the Siyum Bava Batra in Yerushalayim, 18/12/24 Dr. Elana Stein Hain – dinanddaf@hadran.org.il

Gefet- Gemara, Perushim, and Tosafot, an in-depth Iyun gemara shiur Halakha describes an institution called “shi’abud nechasim” — my property can be collected as payment on a loan even if I, the current owner of the property, am not the one who borrowed money, but I bought the property from the person who did. When can this happen, and why? Join us for week’s Gefet as we discuss this final sugya in Bava Batra, which offers us fascinating window into the development, and, ultimately, the nature of this complicated and multilayered text we call “the Gemara.” Shibuda deorayta שעבוד דאורייתא Gefet Ep 95 for Bava Batra 176 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha. Learn more on http://hadran.org.il/

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 one can actually transfer ownership over items that do not yet exist (e.g., the fruit that WILL grow from a tree that haven’t grown yet) or transfer ownership to people who do not yet fully exist (e.g., a baby in utero)! Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on ⁠⁠⁠Hadran.org.il

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 with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Learn more on http://hadran.org.il/

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 of a transaction. Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on ⁠⁠Hadran.org.il

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 us as we tackle these questions, which will give us a window into some of the foundational principles of Perek "Yesh Nochalin."  

Bava Batra 133

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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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. Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on ⁠Hadran.org.il

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 Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

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 ❤

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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 in the same manner as the majority of situations. Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

🎙️ Launching "A Daf of Their Own"! 🚀 Join Rabbanit Shira Marili Mirvis and Rabbanit Hamutal Shoval as they dive into Masechet Sanhedrin in the debut episode of our weekly vlog! Together, they’ll unpack the wisdom and drama of the Talmud, bringing fresh perspectives, humor, and real-life relevance to timeless debates. This week: What’s the difference between our legal systems today and the justice of the Sanhedrin? Find out why this masechet is the perfect entry point to your Talmud journey. Join masechet Sanhedrin here: hadran.org.il/subscribe/

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 considered problematic? Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

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 overpayment for the item and was willing to give the extra money that they paid as a gift. This raises the question, which comes up in different places in Shas, of how we should interpret the intentions of people who are party to a transaction that is exaggerated, ridiculous, nonsensical, etc. In this shiur, we will look at a few such examples in Shas that are not only about ona’ah. Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

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 attitude of withholding, meaning that they are not looking to give more than the minimum of what their transaction indicates. In this shiur, we will examine the concept of עין יפה, a generous posture on the part of the seller, and why it is such a chiddush!

Dr. Elana Stein Hain – dinanddaf@hadran.org.il

Sources

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@hadran.org.il

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 something else? The case of mechilah b’taut, mistaken mechilah, helps us probe that question. Dr. Elana Stein Hain – dinanddaf@hadran.org.il

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 position?How does it square with similar situations, such as where a defendant would like to take an oath, but is not believed in court because of prior misdeeds? What does all this teach us about the role of oaths in general in monetary disputes? Dr. Elana Stein Hain – dinanddaf@hadran.org.il

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 ourselves with the legal tools that make it possible to pave a way forward when judges face uncertainty, and we'll dive deeper into one particularly fascinating solution known as shuda d'dayanei.

Bava Batra 35

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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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 Rav Huna's rationale? And why should this case be any different from a case of Eidim Zomemim, in which we believe the second set of witnesses? Join us for a taste a complex sugya that deals with sefekot, chazakot, truth, and trust. Bava Batra 31

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain Ideas Arc of Masechet Bava Batra Bava Batra summary

Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

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. Why and how does this work? What does it teach us about human relationships to landed property and about this financial arena as a whole? Dr. Elana Stein Hain – dinanddaf@hadran.org.il

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 the nature of the responsibility that a person bears for her actions' downstream effects, and the Rishonim offer several different perspectives on the scope and force of that responsibility.

Bava Batra 23

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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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 exception. In at least three other places in the Talmud Bavli, R. Yirmiyah is also found questioning legal measurements or standards by offering theoretical exceptions or outlier test cases. What is this questioning about, and what do R. Zeira’s answers teach us about rabbinic understanding of the halakhic system? Dr. Elana Stein Hain – dinanddaf@hadran.org.il

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Bava Batra 21

Sources

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Bava Batra 10a

sources

On Bava Batra 10a, Rabbi Akiva and Turnusrufus have a discussion about whether God wants people to be poor or not. It turns out that Turnusrufus thinks that God must want there to be poor people in the world if they exist, and no one should intervene to change that. Rabbi Akiva on the other hand, believes that God wants us to intervene to help ameliorate the situation of the poor. This conversation is actually part of an ongoing debate between Greco-Roman thought and Rabbinic thought over what God wants, and how we know…In this shiur, we will examine to other conversations between R. Akiva and Turnusrufus in rabbinic literature that deepen this debate.

Dr. Elana Stein Hain – dinanddaf@hadran.org.il

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Masechet Bava Batra

On the topic of neighbors, a recurring theme in the masechet

Printable Sources

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Gefet: Gemara, Perushim and Tosfot

An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 85) On the 17th of Tammuz, the luchot were broken. Our sugya arrives, via a question about how to distribute sacred texts, at a discussion of what, precisely, was in the Aron haBerit - the Ark of the Covenant - and teaches that both "the tablets and the shattered tablets were placed in the Ark." Commentators debate about where exactly the shards were kept. Join us to explore what lies at the heart of this debate: a larger question about the place of broken pieces in our lives.

Bava Batra 14

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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Gefet: Gemara, Perushim and TosfotAn in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 84)

Is it a good thing for a society to force tzedakah? Is it beit din's responsibility to ensure, even if they have to resort to force, that citizens give charity?

Tosafot on our sugya addresses this question, and through their answer, we can take a broader look at the sugyot pertaining to tzedakah that we're about to encounter and better understand what those sugyot are doing here, in Masechet Bava Batra.

Bava Batra 8

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Bava Batra 3b, Bava Batra 8

In this session, we examine several sources within the Bavli about the mitzvah of redeeming captives that conflict with each other, having great impact on decisions about what “cost” or sacrifice is appropriate to expend on saving hostages. Given the resonance of this topic with today’s Israeli reality, we also set the stage for 20th century Israeli discussions about this issue.

Dr. Elana Stein Hain – dinanddaf@hadran.org.il

Bava Batra 170

Can a non-verified document stand up against the claim that a loan was already paid? Suppose you're in court and someone comes in holding a document claiming you owe them a million dollars -- but it hasn't been notorized and no there's no way to know if it's real. Does the document mean anything at all? Join us as we tackle a challenging sugya and enrich our bekiut learning through the Rashbam Gefet Ep.94 Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Learn more on http://hadran.org.il/

From Hadran's Siyum Masechet Bava Metzia Watch the full Siyum here.

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain From Hadran's Siyum Masechet Bava Metzia

Watch the full Siyum ⁠here⁠. Dr. Elana Stein Hain – dinanddaf@hadran.org.il

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Bava Metzia 111 112 113

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Bava Metzia general concept: Mashkon

In this shiur, we will examine some of the limitations that the Torah places on lenders towards those who borrow money from them through the halakhot of mashkon. This will give us a sense of how lending money is meant to be a type of tzedakah rather than a cold business transaction.

Sources Dr. Elana Stein Hain – dinanddaf@hadran.org.il

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

Bava Metzia 112

Why does a contractor collect his wages via an oath? Why not believe the employer? The gemara explains that an employer is readily confused and doesn't remember who has been paid, and is therefore less trustworthy. Tosafot is extremely troubled by this sugya, and is left without an answer. What is Tosafot's concern? What answers have been offered, and how is all of this connected to the principle of migo? Join us for a Gefet on the contractor's oath.

Gefet Ep.83

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Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

Bava Metzia 104

While we left behind the laws of loans and interest a few weeks ago, our perek gives us an opportunity to turn back and understand one of the mechanisms that allows for us to follow the prohibition of ribit (interest) in a functional modern economy. What is heter iska? How can I take out a mortgage or incur credit card debt without violating the issur of ribit? Join us as we explore these questions together. Gefet Ep.82

Bava Metzia 100 The Mishnah says that when someone exchanges a pregnant cow for a donkey and there is doubt as to whether the cow gave birth before or after the transaction, the two parties split the value of the calf, and no one is required to take an oath. But in the beginning of our masekhet, we learned that when in doubt about the ownership of a garment that two people are holding, they divide it but need to take an oath. And in Bava Batra, in a case when two people are fighting over land they each claim is theirs, the verdict is "kol d'alim gvar," meaning that they fight over it. What's the difference between the cases? The gemara says that in the case of the animal exchange there is "derara d'mamona," while in the other two cases there is not. But what is derara d'mamona? Rashi and Tosafot offer different explanations -- join us for a deep dive into this famous debate. Gefet Ep.81 Learn more on http://hadran.org.il/

On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

Bava Metzia 104

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

חזקת מרא קמא

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BM 100

Of the many principles afforded by the Gemara about how to resolve property disputes, perhaps the most surprising is what’s known as חזקת מרא קמא, presuming that the property still belongs to the person who originally owned it even if it is no longer physically there! What is the logic behind this principle? What can it teach us about presumptions about the reality? About ownership? About dealing with uncertainty?

Questions? Comments? Email ⁠⁠dinanddaf@gmail.com

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha Bava Metzia 100 The Mishnah says that when someone exchanges a pregnant cow for a donkey and there is doubt as to whether the cow gave birth before or after the transaction, the two parties split the value of the calf, and no one is required to take an oath. But in the beginning of our masekhet, we learned that when in doubt about the ownership of a garment that two people are holding, they divide it but need to take an oath. And in Bava Batra, in a case when two people are fighting over land they each claim is theirs, the verdict is "kol d'alim gvar," meaning that they fight over it. What's the difference between the cases? The gemara says that in the case of the animal exchange there is "derara d'mamona," while in the other two cases there is not. But what is derara d'mamona? Rashi and Tosafot offer different explanations -- join us for a deep dive into this famous debate. Gefet Ep.81 Learn more on http://hadran.org.il/

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

⁠source sheet⁠

BM 90a

In discussing the prohibition of muzzling an animal as it does farm work, the Gemara asks whether one may ask a non-Jew to muzzle the animal and work it instead. What is the logic behind the prohibition to ask a non-Jew to perform an action for a Jew that the Jew herself may not perform?

Questions? Comments? Email ⁠dinanddaf@gmail.com

Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

Bava Batra 162b The Gemara in Bava Batra makes a strange assertion: namely that invalid witnesses (e.g, relatives) signed on a shtar do not invalidate the two valid witnesses that are signed onto the shtar. This is surprising because the Gemara in Makkot specifically discusses the domino effect of edut - namely that if one in the group is invalid, the whole testimony is invalidated! In this shiur we will examine when and how unified we consider various edim.

Printable sources Dr. Elana Stein Hain – dinanddaf@hadran.org.il Learn more on Hadran.org.il

Gefet: Gemara, Perushim and Tosfot

An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 80)

Bava Metzia 86

In its discussion of provisions for workers, the gemara speaks about Avraham's seudah and notes that the angels didn't actually eat there. Tosafot is surprised, and says that this is up for debate! So who is it who thinks that the angels really ate, and why would someone say something so bizarre? Join is for this unique Gefet, which bridges halakha and aggadah.

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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On Second Thought: Delving Into the Sugya with Rabbanit Yafit Clymer

⁠⁠⁠Sources

Bava Metzia 85-89

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Gefet: Gemara, Perushim and Tosfot

An in-depth (Iyun) Gemara shiur with Rabbanit Yael Shimoni and Shalhevet Schwartz (Episode 79)

Bava Metzia 72 75

Are witnesses who testified about a loan with interest considered valid?

The Mishnah at the end of the perek clarifies that witnesses violate the lav of "lo tesimun alav neshech" , and Tosafot explains that sometimes they also violate the prohibition of "lifnei iver". In light of our sugya, it's difficult to understand how the gemara on Daf 72 says that a document attesting to a loan with interest is considered valid. How could it be that it's a valid document if the witnesses are violating halakha, and those who violate halakha are invalid witnesses?! Tosafot offers a fascinating solution to this problem -- join us for a deep time as we approach the end of the perek.

Gefet with Rabbanit Yael Shimoni and Shalhevet Schwartz is in collaboration with Yeshivat Drisha

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Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

source sheet

What are the principles upon which the heter iska is built? How do we understand the role of legal circumvention in upholding Jewish law and life?

Questions? Comments? Email dinanddaf@gmail.com

For more on Chazal’s legal circuvmentions, check out my new book, Circumventing the Law. It’s available here at 30% off with discount code PENN-ESHAIN30