Bava Basra 56b

בבא בתרא נ״ו ע״ב

Bava Batra 56b

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Topic

Witnesses for a חזקה: one pair per year, רבי עקיבא's rule of ״דבר ולא חצי דבר״, and witnesses who differ about the crop

Overview

The amud finishes the משנה about proving a three-year חזקה with a different pair of witnesses for each year. If all the pairs are proven false (הזמה), they split the payment. Three brothers who each testify with the same outside person count as three valid testimonies, but as one testimony for הזמה. The גמרא says this משנה does not follow רבי עקיבא, who holds that witnesses must prove a whole ״דבר״, not half of one. The גמרא then asks what the רבנן learn from ״דבר״. It concludes that they use it to reject two pairs who each prove only one of the two hairs of maturity, since both hairs must be present at the same time. Next, רב יהודה rules that witnesses who disagree about whether wheat or barley was grown still establish a חזקה. רב נחמן challenges him, and רב יהודה answers that both witnesses cover the same years and people do not pay attention to the crop. Finally, the גמרא quotes the brothers clause of the משנה again to begin analyzing it.

Opening lines

The steps (13)

1. StatementThe false witnesses split the payment three ways
2. StatementThree brothers with one outside witness
3. StatementThe משנה does not follow רבי עקיבא
4. ProofThe ברייתא: three pairs of witnesses make a חזקה
5. Proofרבי עקיבא: a whole matter, not half a matter
6. QuestionWhat do the רבנן do with 'a whole matter'?
7. ResponseFirst suggestion: one witness for each hair
8. RejectionThat case fails anyway: it is also half a testimony
9. ResponseSecond answer: a full pair for each hair
10. Statementרב יהודה: wheat or barley, it is still a חזקה
11. Challengeרב נחמן: then split years should also work
12. Resolutionרב יהודה: same years versus different years
13. StatementThree brothers with one outside witness