Gemara Clarity

Bava Basra 159a

בבא בתרא קנ״ט ע״א

Bava Batra 159a

Learn Bava Basra 159a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 159a in Gemara Clarity

Topic

Searching for a truly 'difficult' ruling in money law: a grandson undoing his father's sale, and witnesses who become unfit after signing

Overview

The גמרא is searching for a ruling that truly deserves the label 'difficult in money law.' It first quotes a ruling: a son sold his father's property during the father's lifetime and then died, and the grandson takes the property back from the buyers. It answers that the grandson inherits straight from his grandfather, based on the פסוק 'תחת אבותיך יהיו בניך.' It then tries a בכור who sold his חלק בכורה, and answers that the grandson stands in his father's place. Next it tries three witness cases: a witness who later became a גזלן, one who later inherited the field, and one who later became the חתן. In each case he cannot confirm his own signature, but others can. The first two are pushed off by saying the signature was already confirmed in בית דין. The חתן case is pushed off because relatives are disqualified by a גזירת מלך, as shown from משה and אהרן. So the גמרא returns to the first case and says the פסוק is only a blessing. It then begins to question that reading, and the challenge continues on the next amud.

Opening lines

אִיתְּמַר: בֵּן שֶׁמָּכַר בְּנִכְסֵי אָבִיו

It was stated: A son who sold some of his father's property

בְּחַיֵּי אָבִיו, וָמֵת –

during his father's lifetime, and he died –

בְּנוֹ מוֹצִיא מִיַּד הַלָּקוֹחוֹת.

his son takes it back from the buyers.

וְזוֹ הִיא שֶׁקָּשָׁה בְּדִינֵי מָמוֹנוֹת –

And this is a difficult ruling in money law –

The steps (15)

  1. StatementThe grandson takes back land his father sold
  2. RejectionNo difficulty: the grandson inherits straight from the grandfather
  3. StatementA harder case: a firstborn who sold his extra share
  4. RejectionThe grandfather argument seems not to work here
  5. RejectionNo difficulty: he inherits from the grandfather in his father's place
  6. StatementA witness who later became a robber
  7. RejectionMaybe the signature was already confirmed in court
  8. StatementA witness who later inherited the property
  9. RejectionSame answer: already confirmed in court
  10. StatementA witness who later became the son-in-law
  11. ChallengeThe usual rejection does not work for the son-in-law case
  12. RejectionA relative is disqualified by divine decree, not for lying
  13. ProofProof from משה and אהרן
  14. ResolutionBack to the first case: the פסוק is only a blessing
  15. ChallengeCan the פסוק really be just a blessing?