Bava Basra 40b
בבא בתרא מ׳ ע״ב
Bava Batra 40b
Learn Bava Basra 40b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
When a מודעא is valid, the hidden gift (מתנתא טמירתא), and whether a hidden gift cancels another gift
Overview
This amud finishes a rule about the wording of a מודעא: the witnesses must write that they know about the person's duress. The גמרא asks what kind of deal this rule is about. A גט or a מתנה needs no proof of pressure, and רבא said we don't write a מודעא for a sale. The answer is that it is about a sale where the seller was truly forced, like the orchard story. Next, רב יהודה rules that a hidden gift document cannot be used to collect, and רב יוסף defines a hidden gift in two versions that differ when the giver said nothing. רבא is quoted as saying a hidden gift also cancels another gift. רב פפא shows this was only inferred from a story about a woman and an eldest son. In that story the woman's gift really failed because it was given under obvious pressure. The amud ends by opening a new question that continues on the next amud.
Opening lines
דְּלָא כְּתִיב בָּהּ:
That does not have written in it:
״אֲנַן יָדְעִינַן בֵּיהּ
"We know about him
בְּאוּנְסָא דִפְלָנְיָא״
the duress of so-and-so"
– לָאו מוֹדָעָא הִיא.
is not a declaration.
The steps (18)
- StatementA declaration must mention the known duress
- QuestionWhich kind of deal is this rule about?
- ChallengeBut רבא said no declaration for a sale
- ResolutionIt is a sale where the seller was truly forced
- ConclusionThe orchard story: when we do write a declaration
- StatementA hidden gift document cannot collect
- QuestionWhat counts as a hidden gift?
- Responseרב יוסף: he told witnesses to hide
- ResponseOther version: he didn't tell them to write in public
- QuestionWhat is the difference between the versions?
- ResponseThe difference: when he said nothing
- StatementA hidden gift cancels a later gift
- Rejectionרבא never said this outright
- StatementThe story of the woman and the eldest son
- Statementרבא rules that neither one acquires
- ProofObservers think the hidden gift canceled the woman's gift
- RejectionThe real reason: her gift was forced
- QuestionA new question is raised