יום ג Date: 11 Cheshvan, 5774 (11/4/14) – Yevamos#31 {Tani}

The DERANGED MAN

[31a bottom] Bar Shtya was a man who was prone to episodes of insanity (and during his insanity any transactions that occurred would not be valid). Bar Shatya once sold his property and two witnesses testified that he sold it while he was normal (and therefore a valid sale), while two other witnesses testified that he sold it while he was deranged (and therefore an invalid sale). Rav Achi ruled to view the two sets of witnesses against each other (canceling out) and to leave the land in possession of Bar Shatya [to follow the Chazakah (previous status quo) that the land is in the possession of the one who owned it before the sale].

Prac-T-cal Tidbits: Many times, we constantly judge one another (which is something we are supposed to avoid to begin with). In matters of “Dan l’kaf zechus” (judging favorably) we are always supposed to give a person the benefit of the doubt [in every case, especially if the person is involved with Torah learning and does good deeds]. Even in the case of a person prone to episodes of insanity, a Chazakah is applied to give him the benefit of the doubt [so as to rule that he did not make the sale with a sound mind, and gave him the ruling to let him keep his possessions]. So too, we must always apply a Chazakah to those we interact with [even if it seems they are doing something so wrong and terrible (if we know them to be good G-d fearing people) give them the benefit of the doubt that they may actually be doing something far different than what it seems].