Bava Basra 153b

בבא בתרא קנ״ג ע״ב

Bava Batra 153b

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Topic

Who carries the burden of proof when a giver may have been a שכיב מרע: רבה and רבי נתן's 'present condition' approach, its extension to doubts of טומאה, and the view of the חכמים

Overview

This amud continues the case of a sick man who gave away his property and later died. Did he die from that same illness, so the gift stands, or did he recover first, which cancels it? רבה says his death proves he never recovered. אביי pushes back with a קל וחומר: with a sunken ship, where most people die, we still treat them as a doubt, so with sick people, who usually recover, we should doubt even more. רב הונא בריה דרב יהושע shows that רבה follows רבי נתן in a ברייתא. There רבי יעקב leaves the property with the giver unless the recipients bring proof, while רבי נתן judges by the giver's present condition. רבי אלעזר says the same dispute applies to doubts of טומאה, using a משנה about a בקעה that is public for טומאה in summer and private in the rainy season. רבא limits that משנה: once a rainy season has passed over the field, it is private for both, which undercuts רבי אלעזר's comparison. Finally the גמרא returns to the משנה's next line, where the חכמים say that whoever takes from another must bring proof.

Opening lines

The steps (9)

1. Statementרבה: His grave proves he died from that illness
2. Challengeאביי: A sunken ship shows we should not assume this
3. Statementרבה's view follows רבי נתן
4. ProofThe ברייתא: רבי יעקב puts the burden on the recipients
5. Proofרבי נתן: Judge by his present condition
6. Statementרבי אלעזר: The same dispute applies to impurity
7. StatementIn the rainy season the field is a private domain for both
8. Rejectionרבא limits the field rule to before the rainy season passes
9. StatementThe חכמים: the one taking from another must bring proof