Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Bava Metzia 43: חַיָּיב עַל הַמַּחְשָׁבָה כְּמַעֲשֶׂה

jyungar April 11, 2024

For the source text click/tap here: Bava Metzia 43

To download, click/tap here: PDF

Beis Shamai and Beis Hillel disagree about the law in the case of a Shomer who "thinks" about using a Pikadon for his personal use without permission of the owner, but who has not yet actually used it. Beis Shamai says that the Shomer is considered as though he was "Shole'ach Yad" and he has the status of a Ganav, even though he has not actually used the object but merely "thought" about using it.

Does Beis Shamai literally require only that the Shomer think about using the object, or must the Shomer do more than just think about using the object in order to become Chayav?

We struggle with the idea that mere intention alone without any deed, may cause liability.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​