We know that Hamotzi Maichaveiro Alav Haraya. If you and I have a dispute
and there is a question and something is unclear (we don’t know all the
facts), the question is do I have to pay you. So we say, Hamotzi
Maichaveiro Alav Haraya. The one who wants to take money from another
person has to bring the proof. So therefore, I am not sure if I owe you
money, you are not sure if I owe you money, something happens which
throws this into doubt, I don’t have to pay because Hamotzi Maichaveiro
Alav Haraya. That is a basic rule in Shas.
The question is, if it is your money then we should apply a different rule, the rule of Safeik D’oraiisa L’chumra. It is a question of Lo Tignov or it is a question of Lo Sashok. It is a question of whether I am stealing money from you. Why don’t we say Safeik D’oraiisa L’chumra. If I am unsure if it is your money or mine I should have to give it to you. Why do we say Hamotzi Maichaveiro Alav Haraya. It is not a Gizairas Hakasuv, it is a Sevara. The Sevara seems to be Mufrach. Now with that Geshmake Kasha I will bid you farewell for this Shabbos.
The question is, if it is your money then we should apply a different rule, the rule of Safeik D’oraiisa L’chumra. It is a question of Lo Tignov or it is a question of Lo Sashok. It is a question of whether I am stealing money from you. Why don’t we say Safeik D’oraiisa L’chumra. If I am unsure if it is your money or mine I should have to give it to you. Why do we say Hamotzi Maichaveiro Alav Haraya. It is not a Gizairas Hakasuv, it is a Sevara. The Sevara seems to be Mufrach. Now with that Geshmake Kasha I will bid you farewell for this Shabbos.
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