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Bava Basra 34b

בבא בתרא ל״ד ע״ב

Bava Batra 34b

Learn Bava Basra 34b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A disputed boat: should בית דין seize property while one side looks for witnesses, and should it release the property if no witnesses come? Then the rule of כל דאלים גבר when each side says 'it was my ancestors'', and how that differs from two deeds dated the same day.

Overview

Two people each claim the same boat. One of them asks בית דין to hold it until he brings witnesses. רב הונא says בית דין holds it, and רב יהודה says it does not. When he finds no witnesses, he asks בית דין to let the boat go so that whoever is stronger wins. רב יהודה says it is not released, and רב פפא says it is. The הלכה is that בית דין does not seize, but once something is seized, it is not released. Next, רב נחמן rules כל דאלים גבר when each side says the property came from his ancestors. The גמרא then starts asking how this is different from two שטרות issued on the same day, and that question continues on the next amud.

Opening lines

הָהוּא אַרְבָּא דַּהֲווֹ מִינְּצוּ עֲלַהּ בֵּי תְרֵי,

There was a certain boat that two people were quarreling over.

הַאי אָמַר: ״דִּידִי הִיא״,

This one said: "It is mine,"

וְהַאי אָמַר: ״דִּידִי הִיא״.

and that one said: "It is mine."

אֲתָא חַד מִינַּיְיהוּ לְבֵי דִינָא, וְאָמַר:

One of them came to the court and said:

The steps (8)

  1. StatementTwo people fight over a boat
  2. QuestionDoes the court hold the boat?
  3. Responseרב הונא and רב יהודה disagree
  4. QuestionNo witnesses found: should the court let go?
  5. Responseרב יהודה and רב פפא disagree about releasing
  6. ConclusionThe הלכה: don't seize, but once seized, don't release
  7. StatementBoth say 'my ancestors': whoever is stronger wins
  8. ChallengeHow is this different from two deeds on the same day?