Bava Basra 34a
בבא בתרא ל״ד ע״א
Bava Batra 34a
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Topic
Applying רבי אבא's rule of מחויב שבועה שאינו יכול לישבע to a single witness in a חזקה case
Overview
A man grabbed a piece of metal from someone, and the case came before רבי אמי. One witness saw him grab it, and the man admits he grabbed it but claims it was his. רבי אמי asks how to rule: he can't be made to pay with only one witness, he can't be let off when there is a witness, and he can't swear because his own admission makes him like a גזלן. רבי אבא answers that he is מחויב שבועה שאינו יכול לישבע, and such a person pays. The rabbis studying before אביי wanted to use this rule for a single witness who says a possessor used a field for three years. אביי rejects that comparison. In the metal case the witness hurts the man, but in the field case the witness actually supports his חזקה. אביי concludes that רבי אבא's rule fits only one witness to two years of use, and only for paying back the produce.
Opening lines
הֵיכִי נִידַיְּינוּהּ דַּיָּינֵי לְהַאי דִּינָא?
How should judges judge this case?
לִישַׁלֵּם? לֵיכָּא תְּרֵי סָהֲדִי!
Should he pay? There aren't two witnesses!
לִיפְטְרֵיהּ? אִיכָּא חַד סָהֲדָא!
Should they let him go free? There is one witness!
לִישְׁתְּבַע, הָא אָמַר מִיחְטָף חַטְפַהּ,
Should he swear? But he said, "I did snatch it,"
The steps (4)
- QuestionHow should the judges rule in the snatched-metal case?
- Responseרבי אבא: someone who must swear but can't, pays
- Rejectionאביי: the two cases are not the same
- ConclusionWhere רבי אבא's rule really fits: one witness, two years, for the produce