Bava Basra 35a

בבא בתרא ל״ה ע״א

Bava Batra 35a

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Topic

Why does רב נחמן rule כל דאלים גבר (whoever is stronger wins) in a dispute with no proof, when other cases with no proof end in splitting or in the judges' discretion?

Overview

Just before this amud, רב נחמן ruled that when two people fight over a field and neither has proof, the court steps back and says כל דאלים גבר: whoever gets hold of it keeps it. The גמרא first compares this to two documents written on the same day, where רב says to split and שמואל says שודא דדייני (the judges decide). It answers that in the documents case the truth can never come out, so the court must give a final ruling. In רב נחמן's case, the truth might still come out, for example if someone brings witnesses later. The גמרא then challenges that answer with a משנה about a cow or a maidservant who gave birth around the time of a sale. There too the truth could come out later, yet the ruling is to split. The גמרא begins its answer with הָתָם, לְהַאי ('there, for this one'), and the answer continues on the next amud.

Opening lines

The steps (4)

1. ChallengeComparing to the two-documents case: split or judges' discretion
2. ResolutionThere the truth can never come out; here it still might
3. ChallengeChallenge from the משנה of the animal or maidservant who gave birth
4. ResolutionThe answer begins: there, for this one