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December 27, 2008 11:39 pm at 11:39 pm
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RoB: Your description of “asmachta” is very well done, but it doesn’t prove your point. Professional gamblers in the time of Chazal certainly were aware in advance that they took a risk of loosing money, and presumably they willingly forked it over. Still Chazal understood that there is a subconscious lack of intention that renders the “asmachta” a form of geneiva. I ask again, can you bring a source that small sums are different.