Bava Basra 5b

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Bava Batra 5b

Learn Bava Basra 5b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Does a person ever pay a debt before it is due? Proofs for ריש לקיש and אביי ורבא from the wall משנה, the final הלכה, and whether מה לי לשקר can override the חזקה.

Overview

Just before this point, ריש לקיש held that a borrower is not believed when he says he paid before the due date, because people do not pay early. אביי ורבא held that people sometimes do pay early, to stop the lender from bothering them. The גמרא tries to prove אביי ורבא right from the משנה about two neighbors building a wall. That proof is pushed away, because each finished row of the wall is its own due date. Then the גמרא tries to prove ריש לקיש right from a later line of the same משנה. That proof is also pushed away, because that neighbor doubted he would owe anything at all. After reporting that different אמוראים ruled each way, the גמרא decides the הלכה follows ריש לקיש, even when collecting from orphans without an oath. Finally, a new question opens: if the lender demands payment after the due date, can the borrower's מה לי לשקר beat the חזקה? That discussion continues on the next עמוד.

Opening lines

The steps (10)

1. StatementWhy someone might pay early: to avoid being bothered
2. ProofQuoting the משנה: he is presumed to have paid
3. ProofThe case must be early payment, so people do pay early
4. RejectionRejected: with a wall, every row has its own due date
5. ProofA new attempt: he is presumed not to have paid
6. ProofProving ריש לקיש from the second line of the wall משנה
7. RejectionThis neighbor would never pay early because he doubted he owed anything
8. StatementHow the אמוראים actually ruled
9. ConclusionThe הלכה follows ריש לקיש, even against orphans
10. QuestionDoes 'why would I lie' beat the חזקה?