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Bava Basra 31a

בבא בתרא ל״א ע״א

Bava Batra 31a

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Topic

The end of a discussion about protest (מחאה), followed by a new case: two people both claim a field as 'my ancestors'', and רבה and אביי argue whether מה לי לשקר works against witnesses.

Overview

The amud opens by finishing an earlier case. If the land was held for only six years, the other side's sale of the land is the strongest possible מחאה. Then a new case begins. Two people each say a field came from their ancestors. One brings witnesses that it was his ancestors'. The other brings witnesses that he used it for the years of חזקה. רבה rules for the one in possession because of מה לו לשקר. אביי answers that this rule does not work against witnesses. The one in possession then changes his story: 'It was your ancestors', but I bought it from you.' This raises the question of טוען וחוזר וטוען, whether a person may adjust his claim. עולא says yes and the חכמי נהרדעא say no, and each side admits limits. אמימר sides with עולא, and that is the הלכה. A second case follows. One side has witnesses to his ancestors' ownership and to years of use, while the other has witnesses only to use. רב נחמן rules that the two testimonies about use cancel out, so the land goes to the ancestral owner. רבא objects that the witnesses were contradicted. רב נחמן begins his answer, and it continues on the next amud.

Opening lines

אֲבָל שֵׁית –

But six [years] —

אֵין לְךָ מֶחָאָה גְּדוֹלָה מִזּוֹ.

you have no greater protest than this.

זֶה אוֹמֵר: ״שֶׁל אֲבוֹתַי״,

This one says: 'It belonged to my ancestors,'

וְזֶה אוֹמֵר: ״שֶׁל אֲבוֹתַי״;

and that one says: 'It belonged to my ancestors';

The steps (15)

  1. ConclusionSix years: the sale itself is the strongest protest
  2. StatementTwo people each say the field came from their ancestors
  3. Statementרבה: the one in possession wins, because why would he lie?
  4. Challengeאביי: 'Why would he lie' does not work against witnesses
  5. StatementThe one in possession changes his claim: 'I bought it from you'
  6. QuestionMay a person change his claim?
  7. Responseעולא allows it, נהרדעא does not
  8. StatementWhere עולא agrees a claim cannot be changed
  9. StatementWhere נהרדעא agrees a claim can be changed
  10. Statementאמימר of נהרדעא sides with עולא
  11. ConclusionThe final ruling: a claim may be adjusted
  12. StatementA new case: two claims of inherited land
  13. Statementרב נחמן rules that the land goes to the ancestral owner
  14. Challengeרבא objects that the first side's witnesses were contradicted
  15. Resolutionרב נחמן begins to answer: the contradiction was only about use