Bava Basra 65a
בבא בתרא ס״ה ע״א
Bava Batra 65a
Learn Bava Basra 65a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
How generously property is transferred: rulings on רבי עקיבא and חכמים, brothers dividing an estate, passage between inner and outer houses, and what comes with a sold house
Overview
The משנה just before this argued about a seller who keeps something inside the property he sold. רבי עקיבא holds a seller sells generously, and חכמים hold he sells sparingly. רב rules like חכמים and שמואל rules like רבי עקיבא. רב ירמיה בר אבא's story about רב's silence turns out to fit this, because he had the names in the משנה reversed. רבינא shows that רב and שמואל argue the same way about brothers who divide an estate, and the גמרא explains why both cases had to be stated. רב הונא then admits the הלכה follows שמואל's side, since his students sat near the judges at the ריש גלותא's gate. Next comes a ruling about two houses, one behind the other. The גמרא concludes that when the inner house is given as a gift it comes with a path, because a gift is given generously. Finally a new משנה begins listing what is included when a house is sold: fixed parts yes, movable items no. Its case of a seller who says 'it and everything inside it' continues on the next amud.
Opening lines
הֲלָכָה כְּדִבְרֵי חֲכָמִים.
The halacha is like the words of the Sages.
וְרַב יִרְמְיָה בַּר אַבָּא אָמַר שְׁמוּאֵל:
And Rav Yirmeya bar Abba said in the name of Shmuel:
הֲלָכָה כְּרַבִּי עֲקִיבָא.
The halacha is like Rabbi Akiva.
אֲמַר לֵיהּ רַב יִרְמְיָה בַּר אַבָּא לְרַב הוּנָא:
Rav Yirmeya bar Abba said to Rav Huna:
The steps (18)
- Statementרב rules like the Sages
- Statementשמואל rules like רבי עקיבא
- Challengeרב never objected when I ruled like רבי עקיבא
- QuestionHow did you recite the משנה?
- ResponseI learned it reversed
- ResolutionThat is why רב was silent
- QuestionAre רב and שמואל following their own reasoning?
- Proofשמואל: brothers who divide keep no rights in each other's share
- Proofרב: brothers do keep these rights
- ResolutionWhy רב's view also had to be stated in the house-sale case
- ResolutionWhy שמואל's view also had to be stated in the brothers case
- Questionרב נחמן asks whose view is the הלכה
- Responseרב הונא rules like רב נחמן's side
- StatementTwo houses one behind the other
- StatementFirst assumption: outer house sold, inner house given, no right of way
- RejectionRejected: a gift is given generously, so the inner owner gets a path
- Statementמשנה: what is included when selling a house
- Statementמשנה: when the seller says 'it and everything inside it'