Bava Basra 58b
בבא בתרא נ״ח ע״ב
Bava Batra 58b
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Topic
The end of רבי בנאה's corrections of the inscriptions, the measures at קפוטקיא, and a new משנה on חזקה for spouts, gutter pipes, ladders and windows, with three explanations of the מרזב rule.
Overview
The amud opens in the middle of the story of רבי בנאה, who corrects badly worded inscriptions written by the wise men of the nations. First he fixes the rule about judges: a judge is disqualified only if the court actually takes money from him, not just because he was sued. Next he fixes the line about blood and wine: blood is the head of all illness, not all death, and wine is the head of all healing, not all life. Each time, the writers add his wording in the name of 'the elders of the Jews.' The גמרא then notes three measure names written at the gate of קפוטקיא and explains that אנטל is the רביעית of the תורה. A new משנה follows. It covers when a person gains a חזקה (a lasting right) for a roof spout (מרזב), a gutter pipe (מזחילה), ladders, and windows, and רבי יהודה adds that a framed window counts even if it is small. The גמרא then gives three explanations of how a מרזב can have no חזקה while its place does: שמואל, רבי חנינא, and רב ירמיה בר אבא.
Opening lines
וּמַזְמֵין (לְהוּ) [לֵיהּ] לְדִינָא,
and someone summons him to judgment,
פַּסְלֵיהּ?!
has he disqualified him?!
אֶלָּא כֹּל דַּיָּין דְּמִתְקְרֵי לְדִין,
Rather, any judge who is called to court,
וּמַפְּקִין מִינֵּיהּ מָמוֹנָא בְּדִין –
and money is taken from him by law,
The steps (18)
- ChallengeAnyone could disqualify a judge just by suing him
- ResolutionThe correct wording: only a judge who loses the case
- ConclusionThe writers add the corrected judge rule
- StatementA second inscription about blood and wine
- ChallengeNot every death comes from blood, and wine cannot save everyone
- ResolutionCorrect wording: illness and healing, not death and life
- ConclusionThe writers add the corrected blood-and-wine line
- StatementMeasurement names written at the gate of קפוטקיא
- QuestionWhich measure is the אנטל?
- Responseאנטל is the תורה's רביעית
- StatementNew משנה: rights for a roof spout and a gutter pipe
- StatementA small ladder gives no right, a fixed ladder does
- StatementA small window gives no right, a large window does
- Statementרבי יהודה: a framed window counts even if small
- QuestionWhat does the מרזב rule mean?
- Responseשמואל: the spout can be moved along one side, not to another side
- Responseרבי חנינא: a long spout can be shortened but not removed
- Responseרב ירמיה בר אבא: you may build under the spout but not remove it