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Bava Metzia 6: The Burden of Proof

What if one complainant grabbed more of the disputed object before the judges? It depends, to some degree, on the reaction of the other party. What if they are making other claims of ownership before the court? Can one be considered an owner if the item is not in that party’s possession? The answer is no, the burden of proof falls on the one who can’t lay physical claim. But what happens if one party consecrates the item? As it happens, one party consecrated a bathhouse, which led the sages to bathe elsewhere, lest they violate consecrated property. But that’s a difficult conclusion, practically speaking, so they tried to get a better answer, exploring the question of a possible bekhor – first born.

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: "Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...) Join the conversation with us!"
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