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Bava Basra 39b

בבא בתרא ל״ט ע״ב

Bava Batra 39b

Learn Bava Basra 39b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

How many people must hear a מחאה, how often it must be repeated, and when repeated protests count

Overview

The גמרא asks why one opinion says a מחאה needs two listeners and another says three. It first suggests the argument depends on רבה בר רב הונא's rule that whatever is said before three people spreads anyway. It rejects that suggestion and gives two other explanations. Either they argue whether a מחאה made when the holder is absent counts, or they argue whether the listeners are formal עדות or are only there to make the matter known. Next comes the story of גידל בר מניומי. He protested before three rabbis, and when he came back a year later they told him one protest in the first year is enough. ריש לקיש, quoting בר קפרא, says the owner must protest again at the end of every three years. רבי יוחנן challenges this, asking how someone who is 'like a robber' could gain a חזקה. רבא rules like ריש לקיש. בר קפרא then teaches that repeated protests count only if they repeat the original claim. The amud ends as רבא, quoting רב נחמן, begins a rule that a מחאה is made before two people; his statement continues on the next amud.

Opening lines

לֵית בָּהּ מִשּׁוּם לִישָּׁנָא בִּישָׁא;

is not subject to the problem of evil speech;

מַאן דְּאָמַר בִּפְנֵי שְׁנַיִם –

the one who says a protest is in front of two –

לֵית לֵיהּ דְּרַבָּה בַּר רַב הוּנָא,

does not hold of the view of Rabba bar Rav Huna,

וּמַאן דְּאָמַר בִּפְנֵי שְׁלֹשָׁה –

and the one who says in front of three –

The steps (12)

  1. QuestionSuggestion that the two-or-three argument depends on רבה בר רב הונא
  2. RejectionNo — everyone agrees with רבה בר רב הונא; they argue about a מחאה made when the holder is not present
  3. ResolutionAnother explanation: formal testimony versus making the matter known
  4. StatementThe story of גידל בר מניומי's protest
  5. ResponseOne protest in the first year is enough, in the name of רב
  6. StatementAnother version: חייא בר רב said the rule himself
  7. StatementThe owner must protest again every three years
  8. Challengeרבי יוחנן is surprised: can a robber gain ownership?
  9. ResolutionFixing the wording: not a robber, but like a robber
  10. Conclusionרבא rules: protest every three years
  11. StatementRepeated protests must repeat the same claim
  12. StatementA protest is made in front of two people