Bava Basra 128b

בבא בתרא קכ״ח ע״ב

Bava Batra 128b

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Topic

The end of the blind-witness sugya, then רבי אבא's rulings sent to רב יוסף בר חמא (a father naming one son, a wife's share like a son, and a disputed loan) and the ruling that the הלכה follows them.

Overview

The amud opens by closing the earlier sugya: one source refutes all the אמוראים who let a witness who later went blind testify. Then רבי אבא sends a series of rulings to רב יוסף בר חמא. The first ruling is unclear: a father who says something about 'a child among the sons' is נאמן, while רבי יוחנן says he is not. אביי reads it as leaving all one's property to one son. רבא objects that 'believed' does not fit that case, and he reads it instead as a father naming his בכור. The second ruling says a wife told to 'take like one of the sons' gets a son's share. רבא adds that this covers only current property, and her share counts sons born later. The third ruling deals with a loan where the מלוה, the לוה and the עדים each tell a different story. The לוה swears, and the מלוה collects half, but only from free property. The גמרא shows this works even for רבי עקיבא, and מר בר רב אשי argues the reverse. מר זוטרא rules that the הלכה follows all of רבי אבא's rulings. רב אשי explains that this does not clash with רב נחמן. The amud ends by asking whom the ruling excludes, and the answer comes on the next amud.

Opening lines

The steps (15)

1. ConclusionFinal refutation of all the earlier views
2. Statementרבי אבא's message: a father speaking about one child
3. QuestionWhat does רבי אבא mean?
4. Responseאביי: it is about leaving everything to one son
5. Challengeרבא: the wording does not fit אביי's reading
6. Responseרבא explains the ruling as being about a firstborn
7. StatementA wife who takes a share like one of the sons
8. Statementרבא limits and defines the wife's share
9. StatementThree different claims about a loan document
10. ResolutionWhy the oath applies even according to רבי עקיבא
11. Challengeמר בר רב אשי argues the opposite: with witnesses, the borrower is like one who returns a lost item
12. Conclusionמר זוטרא rules that the law follows all of רבי אבא's rulings
13. Questionרבינא asks about רב נחמן's disagreement
14. Responseרב אשי: we learn it as 'one does not collect,' just like רב נחמן
15. QuestionIf everyone agrees, what is the ruling meant to exclude?