New Talmud Mini-Series: When the Facts Are Unclear: Who Gets the Money?
Tuesdays, 7:30–9:00 PM | October 13, 20 and 27
New Talmud Series
When the Facts Are Unclear: Who Gets the Money?
When two people disagree over money, what happens when neither can prove their case? Does the court divide the disputed amount, or require proof–and if so, from whom? The Gemara presents the fundamental dispute between Sumchus and the Sages over how monetary uncertainty should be resolved, exploring the principles underlying their opposing approaches.
Lesson 1: When in Doubt, Do They Split?
An ox gores a cow, and a dead fetus is found nearby. Did the cow miscarry before or after the goring? We will explore the dispute between Sumchus and the Sages over whether uncertain monetary claims should be divided or require proof.
Lesson 2: The Burden of Proof
The Gemara explores the basis for the principle that the one seeking to extract money from another must provide proof. Is this rule derived from a verse in the Torah, or does it follow from logic?
Lesson 3: Does the Majority Decide?
An ox is sold and later found to be a habitual gorer. The buyer claims the sale was mistaken, while the seller argues that the ox was sold for slaughter rather than plowing. We will explore the dispute between Rav and Shmuel over whether the majority can determine the outcome in a monetary dispute.
Lesson 4: Whose Claim Is Heard First?
When someone brings a claim to court, but the defendant has a claim of his own, whose claim is heard first? We will explore the Gemara’s discussion of the order in which a court hears the parties, and the circumstances that can change it.
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