Oath of Bailees and the Migo of Ne'ensah

From: Rabbi Akiva Eiger

To: Unknown recipient

Description

Rabbi Akiva Eiger clarifies that his earlier question about how the Torah-mandated oath of bailees can ever apply given the bailee's migo was not a genuine difficulty but a springboard for a comprehensive pilpul for his yeshiva students. He maps the Sma–Shach dispute regarding the biblical or rabbinic status of a migo-based oath onto the earlier Rishonim dispute between Rabbeinu Tam and the Rivah, connecting sugyos across multiple tractates into a unified analytical framework.

Source: Shu"t Rabbi Akiva Eiger §175

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