Bava Basra 135a
בבא בתרא קל״ה ע״א
Bava Batra 135a
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Topic
When must we worry that a widow still needs ייבום, and what does the case of 'this is my brother' teach about answering 'I do not know'?
Overview
The amud opens with two stories about dying men whose words might free their wives from ייבום. In the first, a dying man says his wife is 'fit for a כהן גדול.' רבא wants to believe him, based on רבי יוחנן's rule that a husband who says 'I divorced my wife' is believed. אביי points to a second version of רבי יוחנן that says the opposite, and argues that a reconciling answer is not enough to rely on in practice, so רבא tells רב נתן בר אמי to be concerned. In the second story, a man with a חזקה of having no brothers also says so himself before he dies. רב יוסף sees nothing to worry about, but אביי raises a rumor of witnesses overseas, and רבא again rules to be concerned. The גמרא then returns to the משנה of 'this is my brother' and concludes that the other brothers are saying 'we do not know.' From this רבא learns that someone who answers a money claim with 'I do not know' is פטור. אביי begins to respond, and his words continue on the next amud.
Opening lines
הָהוּא דַּהֲוָה קָא שָׁכֵיב,
There was a certain man who was dying,
אֲמַרוּ לֵיהּ: אִתְּתֵיהּ לְמַאן?
they said to him: His wife — to whom may she marry?
אֲמַר לְהוּ: חַזְיָא לְכָהֲנָא רַבָּה.
He said to them: She is fit for a High Priest.
אָמַר רָבָא: מַאי נֵיחוּשׁ לַהּ?
Rava said: What should we be worried about for her?
The steps (19)
- StatementA dying man says his wife is fit for a כהן גדול
- Proofרבא: the husband is believed, like one who says he divorced
- Challengeאביי: another version says the husband is not believed
- Resolutionרבא: the two reports were already reconciled
- Rejectionאביי: we cannot rely on a reconciling answer
- Conclusionרבא tells רב נתן בר אמי to be concerned
- StatementA man presumed to have no brothers says so before dying
- Statementרב יוסף: there are two reasons not to worry
- Challengeאביי: there is a rumor of witnesses overseas
- Resolutionרב יוסף: Far-away witnesses do not count
- Rejectionאביי: A captive is not the same as a married woman
- Conclusionרבא rules to be concerned
- StatementQuoting the משנה: 'This is my brother'
- QuestionWhat do the other brothers say?
- ResponseThey must be saying he is not their brother
- ChallengeChallenge from the end of the משנה
- ResolutionThe brothers say 'we do not know'
- Statementרבא: someone who answers 'I do not know' is exempt
- Rejectionאביי begins to respond to רבא