Oct 022016
 

The gemara questions Rabbi Yochanan’s understanding that the reason the mishna required the two people holding the tallit to swear was because the rabbis wanted to prevent people from grabbing other people’s tallit and claiming it as their own.  The question is: if there is concern one is lying about money (stealing), shouldn’t we suspect that he will swear falsely?  The gemara brings 3 proofs from other cases where one can swear but disproves them as each case can be explained that the one obligated to swear is not actually stealing because his claim can be justified.   Then the gemara brings 3 proofs that are accepted.  Abaye brings a different explanation for the reason the mishna requires the two to swear.  The gemara then raises a question about a case where after the two people were holding the tallit in the court, one grabbed it from the other.  Does he have full rights to it?  Under what circumstances is this question valid?  What are the arguments for and against?  Assuming we hold that he gets to keep it, would the same hold true if one consecrated the whole tallit because speech by consecration is the same as taking it in hand.  In order to sanswer this question, they bring a story about a bathhouse that two people claimed rights to and then one consecrated it.  Rav Hamnuna ruled that the consecration worked and learned it from a mishna about a sefak bechor but Raba rejected his proof.  Abaye first questions Raba’s understanding but then proves that he is correct.

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