REVACH L'DAF
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| BAVA BASRA 43 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants. |
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SUMMARY
1. If the Sefer Torah of a city is claimed to be stolen from that city, the judges of that city cannot judge the case.
2. Similarly, if there is a question whether a person owes the city charity money, the judges of the city cannot judge the case.
3. Partners can be considered Shomrei Sachar, with full liability, for each other.
4. A person who sells a house cannot testify on behalf of the buyer in any future dispute regarding the house.
5. However, if a person sells a cow or Talis to someone else, he may testify on behalf of the buyer.
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A BIT MORE
1. Similarly, the people of this city cannot be brought as witnesses. This is because everyone in that city benefits by having that Sefer Torah returned.
2. The Gemara explains that this is only in a case where the judges have taken upon themselves to give their own money to the poor if the city has no other funds.
3. This applies only when one of them is watching all of their jointly-owned property at any given time. If each would be watching part of his own property, they would not be liable as Shomrei Sachar, because the exemption of "Ba'alav Imo" would apply.
4. He is deemed to be partial to the case, as the buyer may try to get his money back from the seller if he loses the case.
5. The Gemara later discusses when exactly this applies.
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