Sep 292016

The gemara continues to compare the law in our mishna to other tannatic opinions relating to other cases of disputed money which seem to reach different conclusions.  Each time the gemara distinguishes between the cases and explains that they could potentially agree with the law in our mishna.  Then the gemara compares two of the cases brought to each other showing that neither of the opinions work together.  But again the gemara distinguishes between the cases.  Rabbi Chiya bring s a halacha about a case where the defendant denies a clim but witnesses testify about half of the amount.  The law requires the defendant to pay the half and swear that he doesn’t owe the other half.  This is learned by a kal vachomer from modeh bemiktzat (one who admits half a claim).  The gemara brings our mishna as a proof for this law of rabbi Chiya and then proceed to try to figure what is the kal vachomer that Rabbi Chiya was referring to.

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