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Bava Basra 52b

בבא בתרא נ״ב ע״ב

Bava Batra 52b

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Topic

Proof for documents in a family manager's name, and two kinds of חזקה: three years with a claim versus a quick act of acquiring

Overview

This amud finishes the discussion of a brother who runs the shared family business and holds documents in his own name. A challenge to רב's concession, based on a ruling of רב הונא בר אבין, stays unanswered (קשיא). רב חסדא limits רב's ruling to brothers who share even their food. רבה says the proof must come from witnesses, while רב ששת says confirming the document is enough. רב נחמן answers רבא's question by quoting a ברייתא: both the brother and a widow who runs the household must bring proof, even though the widow is praised for working hard for the orphans. The גמרא then turns to the משנה's line about gifts and brothers who divide. It explains that a חזקה backed by a claim needs three years, but a חזקה with no claim works at once through a small act like locking or fencing. Finally, רבא explains that רב הושעיא's 'in his presence' means the seller does not need to say 'Go, take hold and acquire,' and his explanation continues on the next amud.

Opening lines

כְּדִשְׁלַח רַב הוּנָא בַּר אָבִין:

As Rav Huna bar Avin sent:

דְּבָרִים הָעֲשׂוּיִן לְהַשְׁאִיל וּלְהַשְׂכִּיר,

Items that are usually lent and rented out,

וְאָמַר ״לְקוּחִין הֵן בְּיָדִי״,

and he said, 'They are bought and in my hand,'

אֵינוֹ נֶאֱמָן!

he is not believed!

The steps (17)

  1. ChallengeChallenge from the rule about items that are usually lent or rented
  2. ConclusionThe challenge stands unanswered
  3. Statementרב חסדא limits רב's ruling to brothers who share even their food
  4. QuestionWhat kind of proof is needed?
  5. Responseרבה says witnesses; רב ששת says confirming the document
  6. Questionרבא asks רב נחמן which opinions he follows
  7. Responseרב נחמן answers by quoting a ברייתא
  8. ResponseThe ברייתא continues with the widow's case
  9. QuestionWhy does the ברייתא need the word 'and similarly'?
  10. ResponseWe might have trusted her because she cares for the orphans
  11. StatementThe משנה's line about gifts and brothers dividing
  12. ChallengeAre the gift and brothers cases not חזקה too?
  13. ResolutionThe משנה is missing words: a חזקה that comes with a claim
  14. ResolutionWithout a claim, a small act of acquiring is enough
  15. Statementרב הושעיא's ברייתא adds 'in his presence'
  16. ChallengeDoes it not work when the seller is not there?
  17. Resolutionרבא: in front of the seller, no permission needs to be said