Bava Basra 47b

בבא בתרא מ״ז ע״ב

Bava Batra 47b

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

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Topic

Who can build a חזקה, why a גזלן's proof fails, and whether a sale made under force is valid

Overview

The amud opens by finishing an answer. A woman whose divorce is in doubt can still build a חזקה in her husband's property, even though, following רבי זירא, he still has to feed her. Then רב נחמן quotes רב הונא: the people who cannot build a חזקה can still win with real proof, but a גזלן's proof is not accepted. The גמרא asks why this is needed, since a משנה about buying from a סיקריקון already voids such a purchase. The answer is that רב הונא rejects רב, who said a שטר makes the purchase valid. רב הונא follows שמואל instead: even a שטר does not help unless it includes אחריות נכסים. רב ביבי adds, in the name of רב נחמן, that the גזלן loses the land but gets his money back, though only if witnesses saw him pay, not if they just heard the owner admit it out of fear. Finally, רב הונא rules that a sale made by someone hung up until he agreed is valid. The גמרא rejects one reason for this and begins to quote a ברייתא as the real source, which continues on the next amud.

Opening lines

The steps (11)

1. ResolutionThe wife rule applies in a 'divorced and not divorced' case
2. StatementReal proof works for everyone except a robber
3. ChallengeWhy say this? A משנה already teaches it
4. Resolutionרב הונא rejects רב's view about a שטר
5. Resolutionרב הונא holds like שמואל: even a שטר is not enough without a guarantee
6. StatementThe גזלן loses the land but gets his money back
7. StatementHe gets his money back only if witnesses saw the payment
8. StatementA sale made by someone hung up until he agreed is still valid
9. ProofSuggested reason: every seller is under some pressure
10. RejectionPressure from your own needs is different from force by others
11. ResponseThe real source is a ברייתא