Gemara Clarity

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.

Open Bava Basra 40b in Gemara Clarity

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)

  1. StatementA declaration must mention the known duress
  2. QuestionWhich kind of deal is this rule about?
  3. ChallengeBut רבא said no declaration for a sale
  4. ResolutionIt is a sale where the seller was truly forced
  5. ConclusionThe orchard story: when we do write a declaration
  6. StatementA hidden gift document cannot collect
  7. QuestionWhat counts as a hidden gift?
  8. Responseרב יוסף: he told witnesses to hide
  9. ResponseOther version: he didn't tell them to write in public
  10. QuestionWhat is the difference between the versions?
  11. ResponseThe difference: when he said nothing
  12. StatementA hidden gift cancels a later gift
  13. Rejectionרבא never said this outright
  14. StatementThe story of the woman and the eldest son
  15. Statementרבא rules that neither one acquires
  16. ProofObservers think the hidden gift canceled the woman's gift
  17. RejectionThe real reason: her gift was forced
  18. QuestionA new question is raised