Bava Basra 105a

בבא בתרא ק״ה ע״א

Bava Batra 105a

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Topic

בן ננס's rule that the last of two conflicting phrases decides: whether the חכמים disagree, and what שמואל holds.

Overview

The משנה ends with בן ננס's rule: when a seller says two conflicting phrases, the last phrase cancels the first. רב says that בן ננס's colleagues disagree with him. The גמרא asks what this adds, since a משנה about renting a bathhouse in a leap year already shows that the חכמים split the doubtful money. It answers that in the bathhouse case the second phrase might only have explained how to pay, while in our משנה the seller clearly changed his mind. Next, שמואל says that following the last phrase is בן ננס's view, and the חכמים follow the phrase that gives the least. The גמרא points to a grain-sale ruling of רב and שמואל that follows the last phrase, so it rereads שמואל as agreeing with בן ננס. Then it challenges that reading from שמואל's own explanation of the bathhouse case, where he decides by who holds the property or the money, not by the last phrase. The answer to this clash comes on the next amud.

Opening lines

The steps (8)

1. StatementThe last words cancel the first words, according to בן ננס
2. Statementרב says בן ננס's colleagues disagree with him
3. ChallengeWe already know this from the bathhouse case
4. ResolutionThe bathhouse case was unclear; our case is a clear change of mind
5. Statementשמואל says: this is בן ננס, but the חכמים follow the weaker phrase
6. ChallengeDoes שמואל disagree with בן ננס? A grain sale case says he agrees
7. ResolutionReread it: 'this is בן ננס, and שמואל agrees'
8. ChallengeBut שמואל's bathhouse ruling shows he does not follow the last words