Bava Basra 43b

בבא בתרא מ״ג ע״ב

Bava Batra 43b

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

Open Bava Basra 43b in Gemara Clarity

Topic

Partners guarding for each other, and when a person who has a stake in a field may not testify about it (the case of ראובן, שמעון, לוי, and יהודה)

Overview

The amud opens by finishing an earlier discussion: why partners who guard for each other are not exempt under the rule of שמירה בבעלים. רב פפא answers that they take turns, each guarding on a different day. Then the גמרא brings a ברייתא: someone who sold a house or field cannot testify for the buyer, but someone who sold a cow or cloak can. The גמרא asks why there is a difference. רב ששת explains the first clause through a stolen-field case: ראובן stole a field from שמעון and sold it to לוי, and then יהודה claimed it. שמעון may not testify for לוי, because he wants the field to stay with לוי so he can later take it back. The גמרא asks how שמעון could take it back after testifying, and answers that he only said the field is not יהודה's. It then asks why שמעון would care who holds the field, since his right is the same against both. Two answers follow: לוי is an easier opponent, or both שמעון and יהודה have witnesses, so the land would stay with יהודה for good while שמעון can still win it back from לוי.

Opening lines

The steps (10)

1. ChallengeWhy aren't the partners exempt as guarding with the owner?
2. ResolutionEach partner guards on a different day
3. StatementA seller testifying for his buyer: land versus movable items
4. QuestionWhy the difference between the two clauses?
5. Responseרב ששת: the stolen field case
6. ChallengeAfter testifying for לוי, how can שמעון take it back?
7. ResolutionHe only testified that it is not יהודה's
8. ChallengeHe could take it from יהודה just as easily
9. Resolutionשמעון prefers to fight with לוי rather than יהודה
10. ResolutionWhen both sides have witnesses, the land stays where it is