Bava Metzia 4 - March 3, 23 Adar 1

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This week's learning is sponsored by Rachel Savin in loving memory of her father, Shalom ben Shmuel z"l.

Today's daf is sponsored by Miriam Tannenbaum in honor of Rina Yahalom and in memory of Rebecca Baruch. "Rina, a dear ‘former student’ & "bat bayit", and her close friend, Rebecca Baruch הי"ד had planned to be chevrutot as they started their daf yomi journey together. Honoring Rina as she begins her daf journey with Bava Metzia, in Rebecca’s memory. May Rina’s learning be a source of strength for her and a zechut for all of Am Yisrael." 

The Gemara concludes that the kal va'chomer from which Rabbi Chiya derived that two witnesses who testify to half a claim can obligate the defendant to take an oath about the rest was learned out jointly from both one who admits to part of a claim, modeh bemiktzat, and from one witness, who both obligate an oath. Rabbi Chiya had also proven this halakha our Mishna. However, after raising a difficulty on this, the Gemara concludes that Rabbi Chiya brought our Mishna as proof for a different halakha - one where one admits to half a claim and then says 'heilach'. Rabbi Chiya holds that even in that case one is still obligated to take an oath and that halakha can be proven from our Mishna. Rav Sheshet disagrees with Rabbi Chiya and does not require one to take an oath in that case. A braita is brought to first raise a difficulty against Rabbi Chiya, but is resolved. Then a different version of that difficulty is brought, using the dissenting opinion in that same braita to raise a difficulty against Rav Sheshet, but is resolved. Another difficulty is brought from a Mishna in Shevuot 38b against Rav Sheshet's opinion but is also resolved.