Monday, December 18, 2006

Daf Yomi - Rosh Hashana 14 - WHEN IN DOUBT….

The Gemora cites an incident with Rabbi Akiva that he picked esrogim from a tree on the first of Shevat. He separated maaser sheini as if it was the second year of the Shemitah cycle and he also separated maaser oni as if it was the third year of the Shemitah cycle.

The Turei even asks from the principle of whenever there is a doubt regarding monetary matters, the halacha is that one can be lenient. The burden of proof is on the person who wants to take the money from his fellow. What compelled Rabbi Akiva to give the maaser oni when he could have told the poor people that they should bring a proof that the esrogim are from the third year and only then would he be required to give them?

Mikdash Dovid (58) cites a Gemora in Kiddushin that Rabbi Akiva was the attendant for the poor and therefore his hand was viewed as being an extension of the poor and therefore the burden of proof was on Rabbi Akiva and not on the poor people.


Chaim B. said...

Shouldn't this depend on the machlokes Ran and Rashba in Nedarim 7 whether we treat safeik mamon ani'im as a sfeika d'mamona or a sfeika d'isura?

Avromi said...

the Turei Even bavorns that in length and proves that that Rabbi Akiva holds even by sfeika d'dina hamotzi meichaveiro olov haraya