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Bava Kamma 88

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Summary

The rabbis and Rabbi Yehuda disagree about whether a humiliation payment is paid by one who humiliates a Canaanite slave. The basis of their debate depends on whether a Caananite slave falls under the term ‘your brother’ that is used in the verse in the Torah regarding the humiliation payment. How do their interpretations of ‘brother’ fit in with other Torah verses that use that term as well, such as false witnesses (eidim zomeim) who testify against ‘their brother’, a king that is chosen from among ‘your brothers’, and who is qualified to be a witness. The Gemara brings two different ways to learn that slaves cannot be witnesses. How is it different than a convert whose testimony is accepted? The mother of Rav Shmuel bar Abba wanted him to inherit her property when she died instead of her husband so she wrote a document bequeathing it to him. Since her husband had rights to the produce of the property while they were married when she wrote the document, did she have the right to pass on the property to her son? The rabbis disagreed about this and the Gemara explains the basis of their positions.

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