Bava Basra 48a

בבא בתרא מ״ח ע״א

Bava Batra 48a

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Topic

Where does רב הונא's rule come from, that a sale made under pressure (תלוהו וזבין) still counts? The גמרא tries two proofs from forced consent, rejects both, and grounds the rule in logic. רב יהודה then challenges it from the law of a forced גט.

Overview

This amud continues the search for a source for רב הונא's rule: if someone was strung up until he agreed to sell, the sale is valid. The גמרא brings a ברייתא about pressuring a man until he says 'I want to' bring his קרבן, and then the same ברייתא's ending about a forced גט. It rejects both, because in each case the man really wants something: כפרה, or obeying the חכמים. So the rule rests on סברא: because of the pressure, he makes up his mind and sells. רב יהודה challenges this from a גט forced by non-Jews, and רב משרשיא answers that such a גט is valid by Torah law and only invalid by rabbinic decree. רב המנונא challenges from the סיקריקון case. רב answers that the sale is void only without a שטר, and שמואל agrees a forced sale counts when money was paid. A challenge from רב ביבי's line in the name of רב נחמן is answered by saying רב הונא simply disagrees with that אמורא's statement. Finally רבא rules that a forced sale is valid and begins to limit the rule, which continues on the next amud.

Opening lines

The steps (14)

1. ProofProof from forcing someone to bring his promised offering
2. RejectionRejecting the offering proof: he really wants atonement
3. ProofSecond proof: forcing a husband to give a divorce
4. RejectionRejecting the divorce proof: he wants to obey the חכמים
5. ConclusionThe rule is based on logic: pressure makes him decide
6. Challengeרב יהודה's challenge from a divorce forced by non-Jews
7. ResolutionA forced גט from non-Jews is really valid by Torah law
8. ChallengeChallenge from buying land after a violent seizer
9. Resolutionרב limits the void sale to a case with no document
10. ChallengeWhat about שמואל, who voids even a sale with a document?
11. Resolutionשמואל agrees when money was paid
12. ChallengeChallenge from רב ביבי's report of רב נחמן
13. Resolutionרב הונא disagrees with רב ביבי's statement
14. Conclusionרבא rules that a forced sale is valid