Bava Metzia 34 - April 2, 23 Adar 2
Study Guide Bava Metzia 34 Today's daf is sponsored by Rena and Mark Goldstein in loving memory of Rena’s father, Moe Septee, Moshe ben haRav Elazar Shmuel on his 27th yahrzeit. A shomer who can be exempt from payment and decides voluntarily to pay, acquires rights to the double payment (or the 4 or 5 payment for an animal that the robber slaughtered and sold) if the robber is later caught and returns the item. How does this mechanism work if the owner gives rights to the double from the beginning to the shomer in the event that it is stolen, and that the shomer pays, the thief is found - isn't that considered something that is not yet in existence, which cannot be acquired? Rava answers the question but there are two different version of the answer. Is it enough if the shomer just says he/she will pay or does the shomer actually need to pay to acquire the double payment? If the shomer changes his/her claim from "I will not pay" to "I will pay" or the reverse, do we assume that we rule by the second statement or perhaps the second statement in the latter case was just meant to push off paying temporarily? If some of the case details were different, such as, the shomer died and the heirs say, "We will pay," do we assume that the owner only gave rights to the shomer, but not to the heirs? Various similar scenarios are brought to question whether or not the owner would give rights to the double payment to the shomer in those cases. All the questions raised are left unanswered. A halacha is brought that in that case discussed above, the shomer must swear that the item is not in their possession to ensure that they haven't taken a liking to the object and decided to pay for it in order to keep it.