Gemara Clarity

Bava Basra 47a

בבא בתרא מ״ז ע״א

Bava Batra 47a

Learn Bava Basra 47a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 47a in Gemara Clarity

Topic

A קבלן testifying for the borrower, and who can or cannot hold a חזקה: craftsmen, sharecroppers, robbers and their descendants, separated sons and divorced women

Overview

The גמרא first finishes its talk about guarantors testifying. There are two opinions about whether a קבלן may testify for the borrower: one says he is like a regular ערב, and the other says he gains when the borrower keeps more land. Next, רבי יוחנן teaches that an אומן and an אריס cannot hold a חזקה, but their sons can. A גזלן and his son cannot, but his grandson can. The גמרא explains that the case is where witnesses saw the owner admit to the father. That admission helps the craftsman's and sharecropper's sons, but not the robber's son, because people admit things to a robber out of fear, as רב כהנא said. רבא adds that even the grandson loses if he claims through his robber grandfather. רבי יוחנן and רב חסדא then disagree about who counts as a גזלן. Finally, a ברייתא teaches that an אומן or אריס who leaves his job, a son who separated, and a divorced woman can hold a חזקה like anyone else. The גמרא asks why the divorced woman needed mentioning, and its answer continues on the next amud.

Opening lines

קַבְּלָן –

An unconditional guarantor —

אָמְרִי לַהּ מֵעִיד,

some say he may testify,

וְאָמְרִי לַהּ אֵינוֹ מֵעִיד.

and some say he may not testify.

אָמְרִי לַהּ מֵעִיד –

Those who say he may testify:

The steps (13)

  1. StatementCan an unconditional guarantor testify for the borrower?
  2. StatementThe reasoning behind each opinion
  3. Statementרבי יוחנן: who can hold a presumption of ownership
  4. ChallengeWhat case could this possibly be?
  5. ResolutionThe case: witnesses saw the owner admit
  6. Proofרב כהנא: people admit to a robber out of fear
  7. StatementWhen even the robber's grandson cannot hold a חזקה
  8. QuestionWho counts as a robber?
  9. Responseרבי יוחנן: known to have robbed this field
  10. Responseרב חסדא: a family known for killing over money
  11. StatementA ברייתא: people who regain the ability to hold a חזקה
  12. ChallengeWhy mention the divorced woman? It is obvious
  13. ResolutionThe answer begins: it is needed