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Bava Basra 23b

בבא בתרא כ״ג ע״ב

Bava Batra 23b

Learn Bava Basra 23b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Who owns a stray dove chick found near a dovecote, and how the גמרא weighs רוב (the majority) against קרוב (closeness) when deciding an unclear case.

Overview

The משנה rules that a young dove found within fifty אמות of a שובך belongs to the owner of that שובך, and one found farther away belongs to the finder. If it is found between two dovecotes, it goes to the closer one, and if it is exactly in the middle, the owners split it. רבי חנינא then teaches that when רוב and קרוב point different ways, we follow רוב, even though both are דאורייתא. רבי זירא challenges this from עגלה ערופה, where the Torah picks the closest city. The גמרא answers that there is no bigger city, and the city sits alone between mountains. Next the גמרא challenges רבי חנינא from our משנה. It answers that the first case has only one dovecote, and a hopping chick cannot go past fifty אמות. רבי ירמיה asks about a chick with one leg on each side of the line, and he is sent out of the בית מדרש. Finally the case of two dovecotes is explained as two equal dovecotes. The גמרא asks why we do not follow the majority of the world, and its answer begins at the end of the amud and continues on the next amud.

Opening lines

מַתְנִי׳

MISHNA:

נִיפּוּל הַנִּמְצָא בְּתוֹךְ חֲמִשִּׁים אַמָּה –

A dove chick that was found within fifty cubits of a dovecote,

הֲרֵי הוּא שֶׁל בַּעַל הַשּׁוֹבָךְ.

it belongs to the owner of the dovecote.

חוּץ מֵחֲמִשִּׁים אַמָּה –

If it was found beyond fifty cubits,

The steps (15)

  1. StatementWho owns a stray dove chick found near a dovecote
  2. StatementWhen majority and closeness conflict, follow the majority
  3. ChallengeChallenge from the closest city in עגלה ערופה
  4. ResolutionThe case is where no bigger city exists
  5. ChallengeWhy not follow the majority of the whole world
  6. ResolutionThe city sits alone between mountains
  7. ChallengeA challenge from the baby dove found near a dovecote
  8. ResolutionNo other dovecote is around
  9. ChallengeThen why does the finder keep it beyond fifty?
  10. ResolutionA hopping chick can't hop beyond fifty
  11. Questionרבי ירמיה's question about one leg on each side
  12. ChallengeA challenge from a chick found between two dovecotes
  13. ResolutionThe two dovecotes are the same size
  14. ChallengeWhat about the majority of the world?
  15. ResolutionThe answer begins: what case is this?