A free account is required to play audio and download files.
No community start suggestion yet.
Why does admitting to a fine-bearing offense exempt you from payment? The shiur analyzes the machlokes Rav and Shmuel on whether beis din accepts or ignores such testimony. Rashi (רש"י)'s approach suggests modeh b'knas functions like vidui—a genuine confession against one's interest—which explains why coerced admission (bisusei eidim) or admission without monetary consequence fails to create an exemption.
This shiur explores the fundamental principle of modeh b'knas—one who confesses to committing an offense that carries a monetary penalty (knas) is exempt from payment. The Gemara (גמרא) on Bava Kamma 65a discusses the dispute between Rav and Shmuel regarding what happens when someone confesses and then witnesses (eidim) subsequently appear. Rabbi Zweig opens by framing the conceptual question: when someone walks into beis din and admits to a knas, what should beis din do? According to Shmuel, modeh b'knas patur means beis din simply ignores the testimony—it's as if the person never spoke. There's no evidentiary weight to self-incrimination regarding penalties. According to Rav, however, beis din must accept the hodaah (admission) and formally rule that the person is patur (exempt). This matters because if witnesses later come (modeh b'knas v'achar kach ba'u eidim), according to Rav the original admission creates an exemption, whereas according to Shmuel it does not.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Bava Kamma 65a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.