Gemara Clarity

Bava Basra 38a

בבא בתרא ל״ח ע״א

Bava Batra 38a

Learn Bava Basra 38a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 38a in Gemara Clarity

Topic

Buying a tree and the land under it, the owner's duty to protest (מחאה), and the משנה about three regions for חזקה with the גמרא's analysis of protest made away from the holder

Overview

The גמרא finishes discussing someone who buys a tree. רבא objects that the seller could say he sold only a small plant to be pulled up. So רבא limits the ruling to a buyer who claims the land was part of the deal. מר קשישא asks רב אשי what an honest seller can do, and the answer is that he should have protested (מחאה). The גמרא proves this from the mortgages of סורא, since the Rabbis would not set up a system that leads to loss. A new משנה then teaches that יהודה, עבר הירדן and גליל are separate regions for חזקה. רבי יהודה explains that the three years exist so that even an owner far away can hear the news and come back. The גמרא asks what the first opinion holds about a protest made when the holder is not present. רב answers that the משנה speaks of a time of crisis, and the גמרא begins to explain why it names יהודה and גליל, which continues on the next amud.

Opening lines

מַתְקֵיף לַהּ רָבָא,

Rava objects to it:

וְלֵימָא לֵיהּ:

But let [the seller] say to him:

כּוּרְכְּמָא דְרִישְׁקָא זַבֵּינִי לָךְ,

"I sold you a saffron crocus,"

עֲקוֹר כּוּרְכְּמָא דְרִישְׁקָא, וְזִיל!

"Uproot the saffron crocus and go!"

The steps (12)

  1. Challengeרבא objects: maybe only a small plant was sold
  2. Resolutionרבא: the ruling applies only when the buyer makes a specific claim
  3. Questionמר קשישא asks: what can an honest seller do?
  4. ResponseThe answer: he should have protested
  5. ProofProof from the mortgages of סורא
  6. ConclusionSo too here, he should have protested
  7. Statementמשנה: three separate regions for חזקה
  8. Statementרבי יהודה: why the time is three years
  9. ChallengeWhat does the first opinion in the משנה hold about a protest made when the holder is not there?
  10. Resolutionרב answers that the משנה is talking about a time of crisis
  11. ChallengeWhy does the משנה mention יהודה and גליל in particular?
  12. ResolutionThe גמרא begins to explain what the mention of יהודה and גליל teaches