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Bava Basra 50b

בבא בתרא נ׳ ע״ב

Bava Batra 50b

Learn Bava Basra 50b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The end of the slave ברייתא on יום או יומים and קנין פירות, then how רב's demand that a married woman protest fits with the משנה that a husband has no חזקה on his wife's property

Overview

The amud opens at the end of a ברייתא about a slave who was sold while the seller kept the right to use him for thirty days. Which master gets the exemption of יום או יומים? רבי יוסי says both masters get it. He is unsure whether קנין פירות counts like קנין הגוף, and a ספק נפשות is judged leniently. רבי אלעזר says neither master gets it, and רבא explains from the words 'כי כספו הוא' that the master must fully own the slave. The גמרא then turns to the משנה that a husband cannot gain a חזקה on his wife's property. It challenges this with רב's statement that a married woman must protest, which seems to mean protesting against her husband. רבא answers that רב means a husband who dug pits, ditches and caves in her land. He defends this against the rule 'אין חזקה לנזקין' in two ways. רב יוסף instead says she protests against an outsider who used the field for three years after the husband died and is believed through a מיגו. The amud ends as the גמרא goes back to study רב's statement that no one can gain a חזקה on a married woman's property, which continues on the next amud.

Opening lines

שְׁנֵיהֶם יֶשְׁנָן בְּדִין יוֹם אוֹ יוֹמַיִם –

Both of them are included in the law of 'a day or two days'

זֶה מִפְּנֵי שֶׁהוּא תַּחְתָּיו,

This one, because the slave is under him,

וְזֶה מִפְּנֵי שֶׁהוּא כַּסְפּוֹ –

and that one, because the slave is his money

וּמְסַפְּקָא לֵיהּ

And he is unsure

The steps (15)

  1. Statementרבי יוסי: Both masters are covered by the rule of 'a day or two days'
  2. StatementWhy רבי יוסי exempts both: he is unsure, and capital cases go leniently
  3. Statementרבי אלעזר: Neither master is covered
  4. Proofרבא gives רבי אלעזר's source: 'his money' means fully his
  5. StatementThe משנה: A husband cannot make a חזקה on his wife's property
  6. ChallengeChallenge from רב: A married woman must protest
  7. QuestionAgainst whom must she protest?
  8. RejectionIt cannot mean an outsider, since רב says no one gains a חזקה on a married woman's property
  9. ChallengeSo it must mean the husband, which contradicts the משנה
  10. Resolutionרבא: רב means the husband, when he dug pits in her land
  11. ChallengeChallenge: there is no presumption of ownership through damage
  12. ResolutionReread the rule: damage does not need the usual three years
  13. ResolutionSecond answer: the rule is about smoke and bathrooms, not land ownership
  14. Resolutionרב יוסף: She Protests Against an Outsider Who Has a מיגו
  15. StatementReturning to רב's Rule on a Married Woman's Property