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Bava Basra 44a

בבא בתרא מ״ד ע״א

Bava Batra 44a

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Topic

Why can't a person testify about a field in someone else's hands? The robber explanation fails, and the גמרא replaces it with a seller's creditor.

Overview

The גמרא is checking רב ששת's explanation of a ברייתא: someone whose field was stolen cannot testify for the buyer of that field, but he can testify for the buyer of a stolen cow or cloak. First it asks why the ברייתא does not simply talk about the גזלן himself. It answers that the סיפא needs a sale, which brings יאוש and שינוי רשות, so the רישא also speaks of a sale. Then it objects that the victim still wants the item's value, and answers that the case is where the גזלן died, since his children do not have to pay. Next it asks why the case is not about the גזלן's יורש, and shows that the answer works only for the opinion that an heir's possession is not like a buyer's. אביי adds that the ברייתא's wording about אחריות does not fit the robber explanation at all. So the גמרא drops it and explains the ברייתא with רבין בר שמואל's rule in the name of שמואל: a seller cannot testify about a field he sold, even without a guarantee, because his creditor can collect from it. This applies only to a house or a field, not to a cow or a cloak, and a 'לא מיבעיא' point begins that continues on the next amud.

Opening lines

וְלוֹקְמַהּ בְּגַזְלָן!

And let it be set up with regard to the robber!

מִשּׁוּם דְּקָא בָּעֵי לְמִיתְנָא סֵיפָא:

Because he wants to teach the latter clause:

מָכַר לוֹ פָּרָה, מָכַר לוֹ טַלִּית –

He sold him a cow, he sold him a cloak,

דְּדַוְקָא מָכַר,

where it must specifically be that he sold it,

The steps (10)

  1. ChallengeWhy not make the case about the robber himself?
  2. ResolutionThe second half needs a sale, so the first half has one too
  3. ChallengeHe may have given up on the item, but not on its value
  4. ResolutionThe case is where the robber died
  5. ProofProof: the robber's children do not have to pay
  6. ChallengeThen why not make the case about the robber's heir?
  7. ChallengeThe heir question can be answered for only one opinion
  8. Challengeאביי: the wording of the ברייתא does not fit
  9. ResolutionNew explanation: the seller keeps the field for his creditor
  10. StatementOnly land, not a cow or a cloak