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Bava Basra 107a

בבא בתרא ק״ז ע״א

Bava Batra 107a

Learn Bava Basra 107a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 107a in Gemara Clarity

Topic

A creditor takes one brother's share after an inheritance is divided; and how to value property when appraisers disagree

Overview

The amud opens by finishing an earlier comparison: the grain-sale rule is a special rule of the רבנן made to suit both buyer and seller, so it cannot teach us about dividing property. Then the גמרא brings a new מחלוקת. Brothers divided their father's estate, and later the father's בעל חוב took one brother's share. רב says the division is void, because the brothers are still יורשין (heirs). שמואל says that brother gave up his claim, because the brothers are like לקוחות (buyers) without אחריות (a guarantee). רב אסי is unsure which is right, so the brother takes a quarter in land and a quarter in money. רב פפא rules that the brothers each give up a bit so all end up equal. אמימר rules the division is void, and the final הלכה follows him. Next, a ברייתא teaches about three appraisers who disagree on a property's value: the majority wins, and when all three differ there are three opinions (100, 90, or dividing the gap into thirds). The גמרא explains that the 100 view takes the middle estimate, and it starts explaining the 90 view, which continues on the next amud.

Opening lines

הָתָם, עֲבוּד רַבָּנַן מִילְּתָא

There, the Sages instituted a matter

דְּנִיחָא לֵיהּ לְמוֹכֵר

that is suitable for the seller

וְנִיחָא לֵיהּ לְלוֹקֵחַ.

and suitable for the buyer.

אִיתְּמַר: אַחִין שֶׁחָלְקוּ,

It was stated: Brothers who divided [their inheritance],

The steps (14)

  1. ResolutionWhy the grain-sale case is different
  2. StatementThree opinions on a creditor who takes one brother's share
  3. Statementרב's reasoning: the brothers are still heirs
  4. Statementשמואל's reasoning: the brothers are like buyers without a guarantee
  5. StatementWhy רב אסי splits the payment between land and money
  6. Statementרב פפא's ruling: the brothers share the loss
  7. Statementאמימר's ruling: the division is canceled
  8. ConclusionFinal ruling: the division is void
  9. StatementThree appraisers: the majority wins
  10. StatementThree different estimates: the property is valued at 100
  11. Statementרבי אליעזר ברבי צדוק: the property is valued at 90
  12. Statementאחרים: measure the gap and divide it by three
  13. StatementThe first opinion follows the middle estimate
  14. StatementStarting to explain why רבי אליעזר ברבי צדוק says 90