Day #283–Rambam DAILY Sefer HaMitzvos

today is day number 283 of our daily study of RA and in the three chapters ofday study track of mish we're continuing in laws of emissaries and partners um chapters 5 six and 7even yes okay so as explained yesterday we're repeating the same Mitzvah every day while we're going through these Halas because there's not a specific Mitzvah from the 613 Mitzvah that corresponds to this subject matter and this Mitzvah is a repeat now not only that we've been doing during these Halas but we've had them we've had this Mitzvah before uh and that is positive commandment 245 the Mitzvah to follow the torah's laws about how to transfer ownership when buying and selling and as we've explained before although the specific context of the verse is buying and selling the mechanisms that are used for transferring ownership also apply to other ways where uh ownership is conveyed from one person to another and we've spoken about this at length in many other classes so I will not repeat that uh but just to give you a little glimpse into what's going on in the three chapters of day of Misha so we were learning about emissaries and then yesterday at in the last chapter of yesterday's three chapters in chapter four we introduced the concept of partnership so I want to share with you something from today from chapter five um h law number eight but in order to appreciate it I have to give you a little background if you learn Mish which God willing all of you will at some point either one chapter a day or three chapters a day you will come across this term countless times and that is if one wishes to extract property from somebody else it's his meaning the first person's burden of proof to established that it really belongs to him in other words I'll say it in simple language if there's something you claim belongs to you but it's sitting in somebody else's house well why is it sitting in his house if it belongs to you maybe it does but you've got to prove that in English they say possession is 9/10 of the law right okay and that's a very important concept if you want to take something that's sitting in somebody else's domain and claim that it's yours fine you're entitled to make that claim but you have to prove that it is so okay so we learned today regarding Partners let's say they own some property in in Partnership and it's known that this let's let's say it's a bunch of merchandise they went into business together I don't know they're selling uh wine there's a barrel of wine and let's say it's known that this is part of their business so they these are assets that are owned in Partnership now let's say that barrel of wine I'm just making it up this a barrel of wine is being kept right now in one of the partners house can that partner get up and say you know what um it belongs to me yeah you gave it to me as a gift yeah it's mine now it's not part of the partnership it's private property um and what's the proof that it's mine it's on my property and normally we do say if you want to come and say that something that's sitting on somebody else's property doesn't belong to him you've got to prove that here's an exception because they owned this merchandise in Partnership we do not apply what we normally do the rule of we do not say that the other guy has to prove that the barrel of wine really isn't the private property of the guy whose house that it's at and uh that is the the power of of partnership that it overrides this uh this rule that normally is applied in so many cases an interesting Insight okay we'll see you for more tomorrow God willing