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Bava Basra 46a

בבא בתרא מ״ו ע״א

Bava Batra 46a

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Topic

Craftsmen and items in their hands: רבה's ruling on a craftsman's חזקה is refuted, utensils switched at a craftsman's shop, and the craftsman who refuses to show a cloak.

Overview

רבה had ruled that a craftsman has no חזקה only when there are עדים that the item was handed to him. Without such עדים, he is believed if he says the item is his. The גמרא tries to support רבה from a ברייתא about a craftsman arguing over his fee. That proof is pushed off: the ברייתא may be talking about a case where the owner never saw the item with him. Then רב נחמן בר יצחק attacks רבה from the teaching 'אומן אין לו חזקה'. The גמרא agrees this is a true תיובתא, so רבה's ruling falls. Next, a ברייתא teaches that utensils switched at a craftsman's shop may be used, but utensils switched at a house of mourning or a feast may not. רב explains the reason in his uncle's name: people often ask a craftsman to sell their items. רב חייא בריה דרב נחמן limits this to a case where the craftsman himself handed over the utensils and said 'a cloak,' not 'your cloak.' Finally, אביי shows רבא how a craftsman in פומבדיתא denies having a cloak and then refuses to show it. רבא answers that the craftsman's claim is fair, and his reason comes on the next amud.

Opening lines

אֶלָּא לָאו דְּלֵיכָּא עֵדִים?

Rather, is it not where there are no witnesses?

וְקָתָנֵי: אוּמָּן מְהֵימַן –

And it teaches: the craftsman is believed,

מִיגּוֹ דְּאִי בָּעֵי אָמַר לֵיהּ

since if he wanted, he could have said to him:

״לְקוּחָה הִיא בְּיָדִי״,

'It is bought, and that is why it is in my hand,'

The steps (12)

  1. ProofFinishing the proof for רבה from the craftsman's fee
  2. RejectionThe proof is pushed off: the owner never saw the item with him
  3. Challengeרב נחמן בר יצחק reads the teaching 'אומן אין לו חזקה' closely
  4. ChallengeThe case must be without עדים, so רבה is refuted
  5. ConclusionThe refutation stands
  6. StatementSwitched utensils: craftsman's shop versus mourning house or feast
  7. QuestionWhy the two cases differ
  8. ResponsePeople sometimes ask a craftsman to sell their item
  9. StatementOnly when the craftsman himself handed it over
  10. StatementOnly when he said 'a cloak,' not 'your cloak'
  11. StatementThe trick of the swindlers of פומבדיתא
  12. Statementרבא says the craftsman has a fair claim