More on Rabbi Hiya and the kal va-chomer of agreeing to part of a claim – with an actual case! (including a partial agreement to a claim as established by testimony, which would require him to swear… unless he’s a thief, and therefore exempt from swearing). Plus, “shevuat heseit.” Also, the potential of shepherds to steal, tacitly, while the flocks graze elsewhere (but that’s a private shepherd, not a public shepherd). Also, the fact that one who is suspected of thievery is trusted to take an oath (or maybe not).

Click here for the Talking Talmud podcast on Bava Metzia 5/1a>.

To listen: Click the link above. Or subscribe wherever you get your podcasts. Or join the Talking Talmud WhatsApp group, and receive the link as soon as it goes up.