Gemara Clarity

Bava Basra 30a

בבא בתרא ל׳ ע״א

Bava Batra 30a

Learn Bava Basra 30a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 30a in Gemara Clarity

Topic

Who must bring proof in sale and חזקה disputes: the בר סיסין field, the owner who was away in the markets, and a purchase through a middleman.

Overview

A man sold 'all the property of בי בר סיסין', then said one field was only called by that name and was not part of the sale. רב נחמן gave the field to the buyer, but רבא objected: המוציא מחבירו עליו הראיה, so the one trying to take must bring proof. The גמרא notes that in the earlier case of the owner who said he was far away, each of them seemed to rule the other way. For רבא, the answer is that he always favors whoever holds the land: here the seller, there the buyer. For רב נחמן, the seller's own wording puts the burden on him here, while there the buyer's חזקה is like a שטר that must first be confirmed. Next comes a house dispute: the owner says he was away in far-off markets, and the one living there brings witnesses that he came home for thirty days every year. רבא accepts the owner's answer that a person can be busy in the market for all thirty days. A new land case then begins, where the possessor says he bought through a middleman, and the owner's reply continues on the next amud.

Opening lines

דַּאֲמַר לֵיהּ לְחַבְרֵיהּ:

who said to his fellow:

כׇּל נִכְסֵי דְּבֵי בַּר סִיסִין – מְזַבֵּינָא לָךְ.

All the property of the house of bar Sisin, I am selling to you.

הֲוַאי הָהִיא אַרְעָא

There was a certain piece of land

דַּהֲוָה מִיקְּרֵי ״דְּבֵי בַּר סִיסִין״.

that was called 'of the house of bar Sisin.'

The steps (12)

  1. StatementThe case of the בר סיסין field
  2. Statementרב נחמן gives the field to the buyer
  3. Challengeרבא objects: the one taking must bring proof
  4. ChallengeEach sage seems to contradict himself
  5. Resolutionרבא is consistent: it depends on who holds the land
  6. Resolutionרב נחמן is consistent: the wording and the 'document' idea
  7. StatementA house dispute: the owner claims he was far away
  8. ChallengeThe possessor brings witnesses that the owner came home every year
  9. ResolutionThe owner answers: I was busy those thirty days
  10. Conclusionרבא accepts the owner's excuse
  11. StatementA land dispute: the possessor bought it through a middleman
  12. ChallengeThe owner starts to push back