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Can I get a clear and direct meaning of Bava Kamma 113a:22?
Can I get a clear and direct meaning of Bava Kamma 113a:22? 2 Answers. Best. Profile photo for Al Berko. Al Berko. Lives in Jerusalem · Author has 2.9K …
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Date Published: 8/13/2022
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Bava Kama 113a – Talmud – Chabad.org
But if the defendant is in the city, the court does not ostracize him for failing to respond to a summons conveyed through a woman or a neighbor, …
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Date Published: 9/11/2021
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Babylonian Talmud: Baba Kamma 113 – Halakhah.com
MISHNAH. NO MONEY MAY BE TAKEN IN CHANGE EITHER FROM THE BOX OF THE CUSTOMS-COLLECTORS OR FROM THE PURSE OF THE TAX-COLLECTORS, NOR MAY CHARITY BE TAKEN FROM …
Source: halakhah.com
Date Published: 2/28/2021
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The Law of the Land: Bava Kamma 113 | Torah In Motion
The Law of the Land: Bava Kamma 113 … Dina demalchuta dina, the law of the land is the law, is one of the most famous, far-reaching and even …
Source: torahinmotion.org
Date Published: 1/27/2022
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Bava Kamma 113a-b: The Tax Collector – Aleph Society
Bava Kamma 113a-b: The Tax Collector … Our Mishna teaches that a person cannot exchange money with tax collectors, implying that we must work …
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Date Published: 11/17/2021
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Talmud Readings on Twitter: “Baba Kamma 113a. Jews may …
Baba Kamma 113a. Jews may use lies (“subterfuges”) to circumvent a Gentile. #talmud #religion #judaism #p2 #jcot · 9:00 PM · Jan 14, 2011·Twuffer.
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On the Daf – Bava Kamma/113/b – YUTorah Online
Daf Yomi Shiurim ; Rabbi Aryeh Lebowitz. Baba Kama Daf 113 – Subpoenas, Dina D’malchusa, Gezel Akum · Rabbi Aryeh Lebowitz ; Rabbi Azarya Berzon. Masechet Bava …
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주제와 관련된 이미지 baba kamma 113a
주제와 관련된 더 많은 사진을 참조하십시오 බබාට බර වැඩි කරගන්න මේ සුප් එක දීලා බලන්න – Weight Gain Soup for Babies – බබාට කෑම – babata kema. 댓글에서 더 많은 관련 이미지를 보거나 필요한 경우 더 많은 관련 기사를 볼 수 있습니다.
주제에 대한 기사 평가 baba kamma 113a
- Author: Babata Kema , බබාට කෑම
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- Date Published: 2020. 3. 1.
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Babylonian Talmud: Baba Kamma 113
Previous Folio / Baba Kamma Directory / Tractate List Babylonian Talmud: Tractate Baba Kamma Folio 113a but if he was then in town this would not be so, as there is a possibility that they1 might not transmit the summons to him, thinking that the usher of the Court of Law will himself surely find him and deliver it to him. Again, we do not apply this rule except where the party would not have to pass by the door of the Court of Law, but if he would have to pass by the door of the Court of Law this would not be so, as they2 might say that at the Court of Law they will surely find him first and deliver him the summons. Again, we do not rule thus except where the party was to come home on the same day, but if he had not to come home on the same day this would not be so, for we might say they would surely forget it altogether. Raba stated: Where a Pethiha was written upon a defaulter for not having appeared before the court, it will not be destroyed so long as he does not [actually] appear before the court.3 [So also] if it was for not having obeyed the law, it will not be destroyed until he [actually] obeys the law;3 this however is not correct: as soon as he declares his intention to obey, we have to destroy the Pethiha. R. Hisda said: [In a legal summons] we cite the man to appear on Monday, [then] on Thursday and [then] on the next Monday, [i.e.] we fix one date and then another date after one more date, and on the morrow [of the last day] we write the Pethiha. R. Assi4 happened to be at R. Kahana’s where he noticed that a certain woman had been summoned to appear before the court on the previous evening, [and as she failed to appear] a Pethiha was already written against her on the following morning. He thereupon said to R. Kahana: Does the Master not accept the view expressed by R. Hisda that [in a legal summons] we cite the defendant to appear on Monday, [then] on Thursday and [then] on the next Monday? He replied: This applies only to a man who might be unavoidably prevented, through being out of town, but a woman, being [always] in town and still failing to appear is considered contumacious [after the first act of disobedience]. Rab Judah said: We never cite a defendant to appear either during Nisan,5 or during Tishri,5 or on the eve of a holy day or on the eve of a Sabbath. We can, however, during Nisan cite him to appear after Nisan, and so also during Tishri we may cite him to appear after Tishri, but on the eve of the Sabbath we do not cite him to appear after Sabbath, the reason being that he might be busy6 with preparations for Sabbath.7 R. Nahman said: We never cite the participants of the Kallah8 during the period of the Kallah or the participants of the Festival sessions9 during the Festive Season.10 When plaintiffs came before R. Nahman [and demanded summonses to be made out during this season] he used to say to them: Have I assembled them for your sake? But now that there are impostors,11 there is a risk [that they purposely came to the assemblies to escape justice].12 BUT IF THERE WAS ANYTHING [LEFT] WHICH COULD SERVE AS SECURITY, THEY WOULD BE LIABLE TO PAY. Rabbi taught R. Simeon his son: The words ‘ANYTHING WHICH COULD SERVE AS SECURITY’ should not [be taken literally to] mean actual security, for even if he left a cow to plough with or an ass to drive after, they would be liable to restore it to save the good name of their father. R. Kahana thereupon asked Rab: What would be the law in the case of a bed upon which they sit, or a table at which they eat?13 — He replied14 [with the verse], Give instructions to a wise man and he will yet be wiser.15 MISHNAH. NO MONEY MAY BE TAKEN IN CHANGE EITHER FROM THE BOX OF THE CUSTOMS-COLLECTORS16 OR FROM THE PURSE OF THE TAX-COLLECTORS,16 NOR MAY CHARITY BE TAKEN FROM THEM, THOUGH IT MAY BE TAKEN FROM THEIR [OWN COINS WHICH THEY HAVE AT] HOME OR IN THE MARKET PLACE. GEMARA. A Tanna taught: When he gives him17 a denar he may receive back the balance [due to him].18 In the case of customs-collectors, why should the dictum of Samuel not apply that the law of the State is law?19 — R. Hanina b. Kahana said that Samuel stated that a customs-collector who is bound by no limit [is surely not acting lawfully]. At the School of R. Jannai it was stated that we are dealing here with a customs-collector who acts on his own authority.20 Some read these statements with reference to [the following]: No man may wear a garment in which wool and linen are mixed21 even over ten other garments and even for the purpose of escaping the customs.22 [And it was thereupon asked], Does not this Mishnaic ruling conflict with the view of R. Akiba, as taught: It is an [unqualified] transgression to elude the customs;23 R. Simeon however, said in the name of R. Akiba that customs may [sometimes] be eluded24 [by putting on garments of linen and wool]. Now, regarding garments of linen and wool I can very well explain their difference25 to consists in this, that while one master26 maintained that an act done unintentionally could not be prohibited,27 the other master maintained that an act done unintentionally should also be prohibited;28 but is it not a definite transgression to elude the customs? Did Samuel not state that the law of the State is law? — R. Hanina b. Kahana said that Samuel stated that a customs-collector who is bound by no limit [is surely not acting lawfully]. At the School of R. Jannai it was stated that we were dealing here with a customs-collector who acted on his own authority.29
The Law of the Land: Bava Kamma 113
Dina demalchuta dina, the law of the land is the law, is one of the most famous, far-reaching and even revolutionary laws of the Talmud. At its most basic level it requires Jews to be law-abiding citizens of whatever country they find themselves in. Dina demalchuta dina allowed us to survive and thrive as a people through our historical travels. I shudder to think the fate of the Jew had we not accepted the law of the land as part of our Torah obligations. Yet beyond its historic and social importance, its legal implications are enormous.
Effectively[1] dina demalchuta dina mandated that much of Jewish law was to be rendered inoperative, replaced by the laws of the country. Two Jews entering into contract negotiations would be bound by the local norms even if they were at odds with the rulings of the Torah. To give one simple example; whereas the Torah requires a worker be paid every day commercial practice is for people to be paid much less often, oftentimes only at the end of every month. Yet in actual practice, even in a yeshiva where the staff might all be Jewish the prevailing commercial practice is to be followed – unless the parties specify differently when hiring is done. It would be practically impossible and perhaps morally indefensible to have one set of laws in dealing with Jews and another with non-Jews.
In the area of criminal law Jewish law is today[2] completely replaced by the law of the land. As such Jewish law recognizes the right of counties to issue a death penalty even if a conviction is the result of “circumstantial evidence” and not two witnesses, as Jewish law mandates. Only in the area of ritual was the law of the land to have no effect on Jewish practice. A law mandating a worker to violate a rabbinic law of Shabbat is to be ignored.
One of the exciting aspects of the return of the Jewish people to our homeland is the ability to apply aspects of Jewish law that lay dormant for many years. I refer not only to the laws of agriculture but to the laws of commerce, the laws that make up the “three bavas” bava kamma, bava metziah and bava batra. Since the modern yeshiva movement started by Rav Chaim of Volozhin in 1803 this has been the bread and butter of yeshiva education. However, so much of it was theoretical and had limited application in foreign lands. As important as dina demalchuta dina may be, with the return to the land of Israel we can now replace the laws of others with our own.
The fact that dina demalchuta dina reflects a “galut mentality” might explain the (rejected) view that dina demalchuta dina does not apply in the land of Israel. The Ran (Nedarim 28a) explains that dina demalchuta dina is based on the right of the King as sovereign in the land to evict those who do not pay rent – i.e. taxes. However, in Israel G-d is our sovereign and no human can evict us from the land. Philosophically speaking why should a law articulated in Bavel when we were living under foreign subjugation apply in the Land of Israel? This reasoning may make sense in some theoretical framework but is clearly an impossible view to put into practice. No society could function without the right of government to tax the people and in fact his view is not even quoted in the Shulchan Aruch (which, unlike the Rambam, often does quote rejected views).
Not only does dina demalchuta dina reflect our galut experience it reflects a medieval worldview, a time when monarchs, dictators and worse ruled. Taxes were collected to benefit not the populace but the ruler and his friends. Nonetheless one was obligated to obey the law of land – provided the laws did not unfairly discriminate against people, or allow outright theft. Sadly, this was a common occurrence.
“One may not make change from the chest of an excise collector or from the wallet of a tax collector, or accept any charity [taken] from those places.” (Bava Kamma 113a)
The Gemara explains that we are dealing here with either self-appointed tax collectors or those who collect much more than they were obligated to – pocketing the difference. This is not dina demalchuta dina but rather chamsanuta demalchuta, “authorized” theft and one must distance oneself from such practice.
While dina demalchuta dina may reflect medieval norms sadly chamsanatu is alive and well. There are a very few, but still too many public officials who see public service as a means to enrich their private pockets – sometimes legally, sometimes not, and much of time by skirting the law or lowering moral standards.
Thankfully we no longer owe our sojourn in our lands to the whims of a monarch. We live in democratic countries where all – including heads of state – are subject to the rule of law. Taxes are collected to benefit the people. Never in history have we had so many rights and freedoms. And in a democracy we no longer pay taxes because of dina demalchuta dina. Rather the citizens of the state are for halachic purposes considered members of a large partnership. When one cheats one is harming not some wealthy and possibly corrupt monarch but one’s neighbour[3].
As Rav Moshe Feinstein often noted, America is a “malchut shel chesed” a kingdom of kindness. This assessment reflects both his having escaped from Europe (before the war) and his deep understanding of Jewish law. We who were (for the most part) born in democratic countries must think no differently. How fortunate we are to have the opportunity to live in lands where freedoms are taken for granted. And how fortunate are those who enjoy those freedoms in the Land of Israel.
Bava Kamma 113a-b: The Tax Collector – Aleph Society
Our Mishna teaches that a person cannot exchange money with tax collectors, implying that we must work with the assumption that the money they have is stolen.
With regard to this ruling, our Gemara points to Shmuel’s ruling that, “Dina d’malkhuta dina – we must follow the rules of the government,” and questions how the Mishna can assume that a person who works as a tax collector is likely involved in criminal activities.
Two answers are suggested by the Gemara:
Shmuel is quoted by Rav Hinina in the name of Rav Kahane that this is only true in the case of a tax collector who does not follow the rule of law, but takes as much as he sees fit. Rabbi Yannai suggests that our Mishna is talking about a self-appointed tax collector, who is not operating with government approval.
The situation of a mokhes – a tax collector – was different in Talmudic times than it is today. In those days (and in some places this was true until fairly recently) the right to collect taxes was leased by the government to individuals who would then collect taxes in the name of the government. The individual who purchased this right from the government would then assign others to collect the taxes and pay him a percentage of the receipts. There was a lot of room for cheating and dishonesty given the situation that tax collection was a business, and the more that was collected, the more profit was made. Thus, the mokhes could choose to forgive the debts of his friends and relatives entirely, choosing to collect more than was appropriate from those people with whom he did not have a relationship. It is for this reason that the Talmud often presents the mokhes as equivalent to a robber.
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free to find truth: Baba Kamma 113a from Talmud (Full Verse)
More mockery, Ken Starr, the biggest name outside of Bill Clinton in his 90s impeachment, is now part of the Trump impeachment, the man…
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