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8 Min Daf - Bechoros Daf 48 by R’ Eli Stefansky
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Categories:Torah/Gemara
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[Music]
you
the hurry Staffing has says the Mishnah
if a woman gave birth to twin boys and
at birth the boys got mixed up and we
don't know which one is the Behar
regardless of the mix of the father has
to pay pinyon have been because one of
them is definitely a Behar and his
height the same thing would hold true if
a man is married to two women one had
children before and one didn't and he
both gave birth to boys and the boys got
mixed up one of them is for sure but
heart one of them isn't says the Mishnah
the father's obligated pinion bet if one
of them dies within 30 days the whole
feel of of pinion have been only occurs
after 30 days and one of them died the
father could say the one that died is
the Behar and therefore he is Potter
what happens if the father himself types
here's where it becomes extremely
interesting according to our mayor the
father dies and before the Urim had a
chance to divide the estate then there's
a she board they're obligated to the
claim they paying the you know bet but
if they already divided the state then
they kind of get anything
according to Buda the state is obligated
regardless if they divided it or not if
the two women one gave birth to a male
and one gave birth to a female and we
don't know perhaps the one that has the
Behar if she gave birth to the female so
there is no Behar so the coin doesn't
get anything I might have a Oliver I'll
order a beer Mia if a father died after
30 days according to everybody they have
to pay the peanut bed but if the father
died before 30 and before they divided
the state says Ribeira Mia it's very
similar to a case where two people had
the same name in the same city
they were both called shimon ben yosef
for instance comes the mouth and says i
have a star that says that shimon ben
yosef owes me money now if you just
walked over to one of them that one
could deflect it and say go to the other
one it's not me it's the other one but
if they both owned one field together in
a partnership then the mountain could
come and take up to half of the field
against the hive that one of the most
because he says look I have a she but in
this field and
if you owe me money I'm taking my heaven
if the other one I was me mind I'm
taking my half says the Gemara so
according to her beer Mia in our city as
well the two Yaran they own one a state
comes the kyon who's like the mova it
could take from that estate but
according to review who though even
after they divide the state you could
say the same thing because if you have
to shimon ben joseph's and one shin
mayors of went ahead and sold this feel
to the second shimon ben Yosef then the
Malvika come to either to the to the
field and take it because you could say
listen if it's you the second one that
owes me money okay this is my field and
if it's the first one that owed me money
he had no right to sell you the field
I'm taking the field regardless says
roba I don't understand a field is no
better than a guarantor and the ilaha is
that if a malva has a guarantor he can't
go to the guarantor he has to go first
to deliver and prove the leg has to
prove that he doesn't have money and
only then can he go to the guarantor how
could it can go directly to the field
which is the guarantor without going to
the origin in this case he can't go to
the ocean because each one's gonna
deflect the claim so he can't go there I
flee to the to the field
therefore rubber says what's the my
choice to review the rumor we're talking
in very specific case because if it says
a case where there's a lot of money in
the inheritance then the claim could go
and grab his five salami regardless if
they divided the field or didn't divide
the field but since it's talking about
that they only have exactly five slime
and here's where it's very interesting
we have to have a four step four helices
in order to understand this he says
number one every inheritance is 50%
inheritance and 50% a purchase because
we don't know if you yes Brailler
embraer and therefore as the Suffolk we
just say one is it half of it as an
inheritance and half of is not
inheritance in other words yes Barry
just means that once the children decide
who gets what
retro actively it turns out that that's
what they were supposed to get or no
they just made a deal between themselves
and therefore it's like a purchase since
we don't know what to do we say 50/50
okay and we also know that the mill
Vernet IRA
in other words an obligation that Hurst
says such as pinion a Ben is like an
obligation that said only with words and
not
in writing and sorry I said in words and
not in writing you could only go after
the inheritance and not after a purchase
so since fifty percent is an inheritance
I think there's a person they can only
go after fifty percent so they're only
the client is only going after two and a
half slime instead of five slime and
here's the my ficus can a kind receive
two and a half out of the five or he or
perhaps he can only take everything or
nothing
that's the most like but a quarter of
you who the review dismal colleague and
he says no first of all he could hold
that everything is used 100% usually we
don't say 50% purchase or he's hold that
the coin could go even after a purchase
not only since it's a Melville pen he
could also go after a purchase not only
after your says the mission if a man has
two women and they both gave birth to
males to males so he has to acquire me
has to pay ten slimy obviously if one of
the two died within 30 days if he gave
the money prepaid the pinyon event so
the client has to give back five slime
if one of them gave birth to a male one
of them gave birth a female or even two
males and a female so it's possible that
one of them is not a bajar one of them
is a female so all he has to pay is five
slime in all cases if there are two
females even if there's two males a
total of four two females and two males
the the coin doesn't get anything
because the father could say the two
females were born first if one of the
wives already had a child and one of
them didn't then he pays five if one of
them died he's Potter from paying
because he'll say that the one that's
alive is from the mother that already
gave birth if one gave birth the male
one gave her the female he's Potter
completely two people and two women two
two men with two wives and they both had
the fire so they both have to pay five
slight if one of them died and one of
them that they both pay the client so
the client has to return if they both
gave our shot they both said you go sue
the client for me if one of them gave
birth does offer one of them gave birth
in a cave I'm a little female then the
fathers are completely Potter they can
both deflect and say my child was the
female however the male himself has to
give opinion abend for himself later on
have a wonderful day