Bava Basra 41b

בבא בתרא מ״א ע״ב

Bava Batra 41b

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Topic

Proving ownership in court: witnesses who disagree, a buyer's חזקה through a middleman, and three buyers combining for a חזקה

Overview

This amud has three parts. First, רב כהנא is sued before רב יהודה. One witness says he took two rows of his neighbor's land and the other says three, and רב יהודה rules that he must give back two. רב כהנא says this follows רבי שמעון בן אלעזר's reading of בית הלל, who join two witnesses who disagree for the smaller amount. He says a letter from ארץ ישראל rules against that view, and רב יהודה tells him to bring it first. Second, a man has lived in a house for four years and says he bought it from someone who bought it from the original owner. רבי חייא rules that he keeps it only if witnesses saw his seller living there, even for one day. רב asks about a quick resale, and the answer is that a buyer who says he saw the earlier sale is believed because of a מיגו. רבא tries to support רבי חייא from the משנה about an heir, but the גמרא rejects that proof two ways. אביי and רבא then argue whether just seeing the seller in the house is enough. Third, three buyers in a row can combine their years toward a חזקה, and רב says only if each bought with a שטר. The גמרא asks how this fits with another ruling of רב, that a sale before witnesses does become public, and the answer continues on the next amud.

Opening lines

The steps (19)

1. StatementWitnesses disagree: two rows or three, and רב יהודה rules pay two
2. Questionרב כהנא asks whose opinion this ruling follows
3. ProofThe ברייתא: two separate sets of witnesses are not in dispute
4. StatementThe real dispute: one set of witnesses who disagree
5. Challengeרב כהנא: a letter from ארץ ישראל says the הלכה is not like him
6. Resolutionרב יהודה: bring the letter, and then we will see
7. StatementA man lives in a loft in קשתא, and the old owner comes back
8. Statementרבי חייא's ruling: show that the seller lived there, even for one day
9. Challengeרב asks: people sometimes buy and sell very quickly
10. Resolutionרבי חייא believes the buyer if he says he saw the sale, because of a מיגו
11. Proofרבא supports רבי חייא from the משנה about an heir
12. RejectionMaybe the heir needs neither proof nor a claim
13. RejectionA buyer is different: he does not throw money away
14. QuestionWhat if the seller was only seen in the house?
15. Responseאביי: Being seen there counts
16. Responseרבא: People look at land without buying it
17. StatementThree buyers can combine for a חזקה, only with a שטר
18. ChallengeDon't witnesses also make a sale public?
19. ResolutionThe answer begins: there it is about buyers