Bava Metzia 5 - No Oath in the Case of "Here, it is Yours?" (Finds)

Question against Rav Sheshet from the following ruling:

"Four types of custodians take an oath if they partially admit their fault, and they are the unpaid custodian, the borrower, the paid custodian, and the renter." What does the custodian admit? That the article is intact in his possession. But that is precisely the case of "here, it is yours," which contradicts Rav Sheshet, who says no oath is required! 

And Rav Sheshet? He will tell you that in this case, the custodian borrowed three cows, all of them died, and he admits to being negligent regarding one, so it is not the case of "here, it is yours."

Art: A Barn Interior by David The Younger Teniers

Bava Metzia 4 - The case of “here, it (your money) is yours” (Finds)

A plaintiff claims to a defendant, "You owe me a hundred zuz  ($5000)," and the defendant says, "I owe you only fifty zuz, and here, it is yours – I haven't spent them, and they are in your legal possession."

Rabbi Chiya says that the defendant has admitted part of the claim and has to take an oath.

Rav. Sheshet says the fifty zuz are viewed as if the lender is holding them. The defendant admits nothing about them and completely denies the other fifty. Thus, there is no oath, and he is not liable for anything else.

Art: The Argument by Norman Rockwell

Bava Metzia 3 - Borrower Admits Loan In Part (Finds)

If one says, "You owe me $100," and the borrower admits to owing $50, the borrower has to repeat his statement under oath and pay $50. 

There is a presumption that people are not brazen to deny a loan outright since the creditor did them a favor. Likely, the borrower would like to repay but doesn't have the complete amount, so he admits to a part, thinking of repaying the rest later. So, the Torah imposed an oath to force him to tell the truth. Likewise, if witnesses testified that the borrower owes part of the loan, he has to take an oath for the rest.

Art: A Private Letter by Robert W. Wright

Bava Metzia 2 - Two People Found a Garment (Finds)

Two litigants come before the court, holding onto a cloak. One says, "I found it first," and the other says, "I found it first." One says, "It is mine," and the other says, "It is mine." One must swear that he owns no less than half of it, and the other one must swear that he owns no less than half of it, and they then divide it - if possible, or sell it and divide the money.

Why claim "It is mine?" It's another case where they both gave money to the storekeeper and now argue about whose the article is.

Art: Pulling the Favourite - cartoon from Tatler magazine, by Basil Woodhouse

Bava Kamma 119 - Stealing is a Serious Matter (Torts)

One should not buy items from someone who tells him to conceal his purchase because they may be stolen.

An informer may be killed if he informs habitually or is on his way to inform. However, his possession may not be destroyed because he may have righteous descendants.

Anyone who robs a prutah from his fellow is as if he took his soul from him, for at times, he will not have any money left to buy food and will starve to death.

Insignificant leftovers of materials given to the craftsman for work belong to him.

Art: Chimney Sweeps Stealing Bread by Paul Charles Chocarne-Moreau

Bava Kamma 118 - Thief Returns Stolen Object and Tells the Owner (Torts)

If a river inundated a stolen field, the thief can say, "Here is your field," but Rabbi Eliezer obligates him to pay.

If one stole a lamb from a flock and returned it without notifying the owner, and that lamb subsequently died or was stolen, the thief is responsible for it.

If the owner was aware of the theft but then counted the flock and found it complete, the thief is not liable for any future mishap. But if the owner was unaware of the theft, counting does not help since the thief has taught the lamb to go astray, and the owner needs to know which lamb it was.

Art: Self Portrait by Elisabeth Sophie Cheron

Bava Kamma 117 - Extortionists Take A Field Away from the Robber (Torts)

If one steals a field from his fellow, and the extortionists then take it from him, then if it is a province-wide plague, meaning that the extortionists have appropriated the fields of others as well, the robber can say to the owner, "Behold, what is yours is in front of you." But if the field was taken on the account of the robber, then the robber is obligated to provide the owner with another field.

But we already understand that "if not, the thief pays!" Rather, it is yet another case where he did not take the field away but showed it to the extortionists.

Art: Christina's World by Andrew Wyeth