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Bava Basra 105b

בבא בתרא ק״ה ע״ב

Bava Batra 105b

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Topic

Clashing expressions in a sale or rental: שמואל treats them as a doubt decided by possession, while רב follows the last expression (תפוס לשון אחרון).

Overview

The גמרא finishes explaining שמואל. He was only reporting בן ננס's view, and he does not agree with it. For שמואל, two clashing expressions create a doubt. In both the leap-month rental case and the case of the כור sold 'a סלע per סאה', the side already holding the money or grain keeps it. Then רב הונא reports a ruling from בית רב: when a price is said two ways ('an איסתרא, a hundred מעה'), we go by the one said last. The גמרא asks what is new here, since רב already followed the last expression in the leap-month rental case. It answers that both rulings are needed. In the איסתרא case the second phrase looks like a change of mind. In the rental case the second phrase could look like a mere explanation of the first, and רב teaches that we follow the last phrase even there.

Opening lines

אֶלָּא לְעוֹלָם ״זוֹ״ –

Rather, actually, "this" [is the view of בן ננס] —

וְלָא סְבִירָא לֵיהּ.

and he does not hold like him.

וְהָתָם טַעְמָא מַאי –

And there, what is the reason?

מִשּׁוּם דְּתָפֵיס,

Because he is in possession.

The steps (4)

  1. Resolutionשמואל does not follow בן ננס; possession is what decides
  2. StatementA price said two ways: go by the second
  3. ChallengeWhat is new? רב already taught this
  4. ResolutionBoth rulings are needed because each case could be read differently