Bava Basra 51a

בבא בתרא נ״א ע״א

Bava Batra 51a

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Topic

חזקה in a married woman's property, and whether a husband's sale of a field to his wife is valid

Overview

The גמרא finishes a dispute about making a חזקה in a married woman's property. רב rules like the דייני גולה, then explains to his students that he only meant this in רב יוסף's case. Next the גמרא explains the משנה's rule that a wife cannot make a חזקה in her husband's fields: it applies even when he gave her a different field for her support. The גמרא then asks whether a husband who 'sells' a field to his wife might only want to uncover her hidden money. It shows that the משנה's 'proof' can mean a gift document. רב נחמן then rules that a sale to one's wife is valid. רב הונא challenges this as obvious, and the debate turns to whether a sale document alone acquires land, using שמואל's rule and רב המנונא's ברייתא. The גמרא then defends רב נחמן against a ברייתא about loans from a slave or wife: a loan is different, because no one wants to be 'servant to the lender.' The amud ends as רב הונא בר אבין begins a ruling on the same case, which continues on the next amud.

Opening lines

The steps (17)

1. StatementThe judges of the exile allow a חזקה, and רב rules like them
2. Challengeרב's students ask if he changed his mind
3. Resolutionרב explains: their view is reasonable, like רב יוסף
4. ChallengeWhy does the משנה need to say a wife cannot make a חזקה?
5. ResolutionThe rule applies even to a second field
6. ChallengeHow can a wife's proof ever work?
7. ProofCan we learn that a sale to a wife is valid?
8. RejectionNo: the proof the משנה means is a gift document
9. Statementרב נחמן shares a great teaching about selling a field to one's wife
10. Challengeרב הונא says the rule is obvious because a document alone buys land
11. Resolutionשמואל limits the document rule to gifts
12. Challengeרב המנונא's challenge: a sale document works on its own
13. ResolutionThe ברייתא is about selling a poor field
14. ResolutionAnother answer: the sale document was really a gift
15. ChallengeChallenge from borrowing from a slave or a wife
16. ResolutionA loan is different: no one wants to be 'servant to the lender'
17. Statementרב הונא בר אבין's ruling: a wife acquires a field her husband sold her