Bava Basra 57a

בבא בתרא נ״ז ע״א

Bava Batra 57a

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Topic

Brothers confirming a שטר's signatures, and the new משנה on which uses of a courtyard create a חזקה, with the גמרא's search for the reason

Overview

The גמרא tells of a שטר signed by two witnesses, one of whom died. The living witness's brother and another person came to confirm the dead witness's signature. רבינא compares this to the earlier משנה of three brothers who each testify together with an outsider. רב אשי rejects the comparison: here brothers would supply three-quarters of the testimony, which is not allowed. A new משנה then lists casual uses of a courtyard that do not create a חזקה, such as keeping an animal or an oven there. It also lists built setups that do create one, such as a ten-טפחים partition or a proper manure pit. The גמרא asks why the two halves differ. עולא answers that a חזקה works like acquiring the property of a גר who died without heirs. רב ששת disproves this with plowing and eating produce. The גמרא then begins a new answer from רב נחמן in the name of רבה בר אבוה, which continues on the next amud.

Opening lines

The steps (9)

1. StatementA document whose second witness died
2. Proofרבינא compares the case to the three brothers in the משנה
3. Rejectionרב אשי: here three-quarters of the testimony comes from brothers
4. StatementNew משנה: uses of a courtyard that do not create a חזקה
5. StatementUses with a built structure do create a חזקה
6. QuestionWhat is the difference between the two halves of the משנה?
7. Responseעולא: a חזקה works the same way as acquiring ownerless property
8. Challengeרב ששת: plowing and eating produce break the rule
9. ResponseA new explanation begins from רב נחמן quoting רבה בר אבוה