Bava Basra 13a

בבא בתרא י״ג ע״א

Bava Batra 13a

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Topic

Dividing shared property that cannot be split well: the rule of גוד או אגוד, and sharing a slave by days

Overview

This amud first finishes the case of a field with water on two sides, which is split diagonally so each brother touches both. Then it returns to the משנה about a hall (טרקלין) too small to split. רב יהודה says a partner can force a buyout with גוד או אגוד; רב נחמן says he cannot. רבא challenges רב נחמן with brothers who inherit a slave, and רב נחמן answers that they share the slave's days. The גמרא then objects to רב יהודה from a משנה about a half-slave. There the court forces the master to free him only because he could not otherwise marry and have children. The גמרא answers that this case is different: the slave can buy his master's half, but he cannot sell himself, so גוד או אגוד could not work there anyway. Finally the גמרא begins a new proof about two brothers, one rich and one poor, who inherit a bathhouse and an olive press. That proof continues on the next amud.

Opening lines

The steps (11)

1. StatementA field between a channel and a river is split diagonally
2. QuestionWhat if the hall is too small to split?
3. Responseרב יהודה: a partner can force a buyout
4. Responseרב נחמן: no forced buyout
5. Challengeרבא asks about brothers who inherit a slave and an animal
6. Resolutionרב נחמן: share by days
7. ChallengeAn objection begins: the half-slave who serves by days
8. Challengeבית שמאי: splitting his days leaves him unable to marry
9. ChallengeThe court forces the master to free the half-slave, and בית הלל agree
10. ResolutionThe half-slave case is different: he can buy but cannot sell
11. ProofNew proof: two brothers inherit a bathhouse and an olive press