Bava Basra 148a

בבא בתרא קמ״ח ע״א

Bava Batra 148a

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Topic

Giving a loan as a gift, and whether someone who gives away a palm tree, or sells a house, keeps back part of it for himself

Overview

The גמרא first looks at a שכיב מרע who gives away a loan that someone owes him, and asks how this works when a בריא normally cannot do it. רב פפא answers that a שכיב מרע's gift works like an inheritance, and heirs inherit loans. רב אחא בריה דרב איקא answers that even a בריא can give a loan, through מעמד שלשתן, as רב הונא taught in the name of רב. Next the גמרא asks a new question: if someone gives a דקל to one person and its fruit to another, does he keep back the 'place of the fruit' for the second person? It also asks what happens if he keeps the fruit for himself. רבא in the name of רב נחמן rules that when a person keeps something for himself, he keeps it בעין יפה (generously), so he keeps the place of the fruit too. Finally, רבי אבא tells רב אשי that his tradition taught this idea on a different case. That case is a ruling of רבי שמעון בן לקיש about a man who sells a house but keeps the upper story for himself.

Opening lines

The steps (10)

1. StatementA dying man gives away a loan owed to him
2. ChallengeBut a healthy person cannot do this
3. Resolutionרב פפא: an heir inherits loans
4. Resolutionרב אחא: even a healthy person can give a loan
5. QuestionA tree to one person, its fruit to another
6. QuestionWhat if he keeps the fruit for himself?
7. Responseרב נחמן: for himself, he does keep the place
8. ResponseThe reason: a person keeps things for himself generously
9. Statementרבי אבא says the teaching was learned on a different case
10. StatementSelling a house but keeping the upper story