Julian Ungar-Sargon

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Daf Ditty

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

Bava Batra 40: יָדְעִינַן בֵּיהּ בְּאוּנְסָא דִפְלָנְיָא

jyungar August 4, 2024

For the source text click/tap here: Bava Batra 40

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Abaye and Rava both say: A preemptive declaration may be written even concerning someone who is law abiding, such as for me and for you, as not every issue can be settled through the courts. The Sages of Neharde’a say: Any preemptive declaration that does not have written in it the formulation: We are aware of so-and-so’s duress, i.e., we are aware of the nature of the coercion that forced him to enter this arrangement against his will, is not a valid preemptive declaration.

On occasion someone might be in a situation where he is forced to agree to participate in an act of halakhic significance, but he tells the witnesses that he is being forced to do this against his will. Such a statement – referred to by the Gemara as a moda’a (preemptive declaration) – may be written down by the witnesses and used to prove that the action was not one that he really agreed to.

We explore duress as a criminal defense and coercions and compulsions with reference to a bodily function!

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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.​