concepts Hamaneach


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The תורהteaches us: If someone digs a pit, ונפל שמה שור או חמור- and an ox or donkey fall there and die, he is חייבto pay for the damages. The חכמיםteach us that the word שורteaches us that he is only חייבto pay if an animal dies, but not if a person dies in the pit. And the word חמורteaches us that one is only חייבto pay if an animal dies, but not if a vessel is destroyed in the pit.
Whoever comes first can acquire it. As a קנסto someone who acts against the חכמיםand places something hazardous in רשות הרבים, the Bais Din makes the hazardous item הפקר, and anyone can come and take it.
An animal that damages by an act that is considered normal for this animal is called a מועד- forewarned. Since this is a unsual behavior for this animal, the owner is considered forewarned of the danger and he should have setup measures to prevent it. When a מועדcauses damage, the owner pays נזק שלם.
הלכה ואין מורין כן
This is the הלכה, but we don't publicize it. In certain situations, although the הלכהallows something, the Bais Din will advise not to do it, if asked.
Parts of the vine that are not producing quality grapes and must be left for the poor.
Translation: The one who takes away from the one trying to take money away from the מוחזקis called the _מוציא_. He has the lower hand, and he needs to bring the proof (המוציא מחבירו עליו הראיה)
משועבדים
המוציא מחבירו עליו הראיה
In a שטרfor a loan, קרןrefers to the principal amount (the amount of money borrowed), and ריבית refers to the interest on the loan. תורהdoes not allow us to charge our fellow Yidden interest when lending them money.
If a person damages or does an עבירהwhen it was totally out of his control (אונס), he is פטור.
קרן רבית
מועד
Grapes that fall and are left behind during the harvest. We must leave them for the poor.
פרט
Properies owned by the borrower at the time of a loan, and then sold to someone else before the loan is paid back. These properties have a "lein" on them and may be taken by the lender as payment for the loan, if the borrower doesn't have money.
אונס רחמנא פטריה
עוללות
כל הקודם זכה
שור ולא אדם,חמור ולא כלים
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