Bava Basra 168a

בבא בתרא קס״ח ע״א

Bava Batra 168a

Learn Bava Basra 168a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A scholar's identification of women, who pays the סופר for each document, שטרי בירורין, and whether an אסמכתא is binding

Overview

The גמרא first explains why רב ירמיה בר אבא could correct his testimony about a woman's identity: a צורבא מרבנן does not usually look closely at women. אביי adds that when a scholar does state firmly that he recognizes a woman, we trust him. אביי also advises that a scholar going to make קידושין should bring an עם הארץ along so nobody swaps the bride. The גמרא then works through the משנה about who pays the סופר. The husband pays for a גט because the פסוק says "he shall write" and "he shall give," though רבנן later put the cost on the woman so the husband would not delay. For each of the other documents, the גמרא shows the rule is needed even when the other side also gains. Next it explains שטרי בירורין in two ways, and shows that רבן שמעון בן גמליאל's call for separate documents is not about מדת סדום. A new משנה argues whether an אסמכתא is binding, and the final הלכה is that it is not. The amud ends with the start of a משנה about a lender whose loan document was erased.

Opening lines

The steps (28)

1. ChallengeA witness cannot change his testimony
2. ResolutionA Torah scholar does not look closely at women
3. StatementThe story of the receipt signed by רב ירמיה בר אבא
4. Conclusionאביי: when a scholar is careful, he is trusted
5. StatementA scholar betrothing a woman should bring an ordinary person along
6. QuestionWhy does the husband pay the scribe?
7. ResponseThe verse says "he shall write" and "he shall give"
8. StatementToday the woman pays, so the husband won't delay
9. ChallengeWhy say the borrower pays? It is obvious
10. ResolutionNeeded for a joint-venture loan
11. ChallengeWhy say the buyer pays? It is obvious
12. ResolutionNeeded when selling a bad field
13. ChallengeWhy say the groom pays? It is obvious
14. ResolutionNeeded even when the groom is a Torah scholar
15. ChallengeWhy say the sharecropper pays? It is obvious
16. ResolutionNeeded even for a fallow field
17. QuestionWhat are documents of selection?
18. ResponseFirst answer: documents of claims
19. ResponseSecond answer: each side picks a judge
20. QuestionIs the argument about forcing someone to stop acting selfishly?
21. RejectionEveryone agrees we force; there is a real reason for separate documents
22. StatementA deadline promise about a partly paid debt
23. QuestionWhat is the root of their argument?
24. ResponseThey argue about whether an אסמכתא is binding
25. Statementרב rules like רבי יוסי
26. Statementרבי אמי feels bound by רבי יוחנן's ruling
27. ConclusionThe final ruling: not like רבי יוסי
28. StatementA lender whose loan document was erased gets it validated by the court