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8 Min Daf - Bechoros Daf 48 by R’ Eli Stefansky

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Mercaz Daf Yomi by R' Eli Stefansky avatar
Mercaz Daf Yomi by R' Eli Stefansky

Transcript

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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