Bava Basra 43a

בבא בתרא מ״ג ע״א

Bava Batra 43a

Learn Bava Basra 43a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

When can a person with a stake in a case, like a partner or a townsman, give up that stake and become a valid witness or judge?

Overview

The גמרא asks how partners can testify for each other about their shared field, since each one seems to be a נוגע בעדות. It first says the witness wrote 'I have no claim on this field,' but a ברייתא shows that words alone do nothing. Next it says he gave up his share with a real קנין. Even then he still gains, because his creditor can collect from a field he once owned, as שמואל ruled about a seller. The גמרא answers that he took on אחריות only for losses caused by his own creditors, so he loses the same amount either way. It then asks whether giving up a share removes bias at all, citing ברייתות about a stolen ספר תורה and gifts to a city or its poor. It answers that a ספר תורה is different because everyone still benefits from hearing it read. It also says that a gift to poor people whom the town must support helps every resident. Finally, the גמרא returns to שמואל's statement that partners are שומרי שכר for each other.

Opening lines

The steps (25)

1. ChallengeWhy can partners testify? They are biased
2. ResolutionThe partner wrote that he has no claim on the field
3. ChallengeJust saying 'I have no claim' does nothing
4. ResolutionHe gave up his share with a proper קנין
5. ChallengeHe still gains: his creditor can collect from the field
6. Proofשמואל's rule: a seller cannot testify for his buyer
7. ResolutionThe witness accepted financial responsibility
8. QuestionResponsibility for which losses?
9. ResponseResponsibility only for losses from his own creditors
10. ChallengeDoes giving up one's share really remove bias? The stolen ספר תורה
11. ResolutionA ספר תורה is different because people hear from it
12. ChallengeMoney left to 'the people of my city'
13. ResolutionThe gift to the city is also for a Torah scroll
14. ChallengeA new source: a gift to the poor of the city
15. ChallengeWhy would the judges be ruled out if only the poor gain?
16. ResolutionFixing the wording: the poor judges and poor people
17. ChallengeWhy can't two poor people give up their share?
18. ResolutionThis too is about a Torah scroll
19. QuestionThen why call them poor?
20. ResponseEveryone is poor when it comes to a Torah scroll
21. ResolutionOr: real poor people whom the town must support
22. ChallengeWhat case? If each person's amount is fixed, two can just pay it
23. ResolutionThe charity amounts were not fixed
24. ResolutionEven with fixed amounts, everyone still gains
25. StatementPartners become paid guardians for each other