Bava Basra 76a

בבא בתרא ע״ו ע״א

Bava Batra 76a

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Topic

How a ship and אותיות (the rights in a שטר חוב) are acquired: the תנא קמא, רבי נתן, and the link to רבי and the חכמים

Overview

The ברייתא says a ספינה is acquired by משיכה, and רבי נתן says 'a ship and letters are acquired by pulling and by a document.' The גמרא asks why רבי נתן mentions אותיות, the rights written in a loan document, when the first opinion never did. It first says words are missing from the ברייתא, then rejects that version because a ship is מטלטלין and is not acquired by a שטר. Next it divides רבי נתן's words: ship by משיכה, אותיות by שטר. But then רבי נתן seems to say the same as the תנא קמא about the ship. The גמרא considers whether they argue like רב and שמואל about how far a ship must be pulled, and rejects that idea. It concludes that both agree about the ship and argue only about אותיות. The תנא קמא says handing over the loan document is enough, and רבי נתן requires a written שטר too. The גמרא ties this to a known argument between רבי and the חכמים. Then it challenges that link, because רבי also holds that a ship is acquired by מסירה, and the חכמים' reply continues on the next amud.

Opening lines

The steps (11)

1. StatementEnd of רבי נתן's statement in the ברייתא
2. ChallengeWho mentioned letters at all?
3. ResolutionThe ברייתא is missing words
4. ChallengeWhy would a ship need a document?
5. ResolutionA new reading: the document goes only with the letters
6. ChallengeThen רבי נתן says the same as the תנא קמא about the ship
7. ResolutionMaybe they argue like רב and שמואל
8. RejectionNo: everyone agrees about the ship
9. ResolutionThey agree about the ship and argue only about the loan documents
10. StatementThis is the same as the argument between רבי and the חכמים
11. ChallengeIf the first opinion follows רבי, a ship should be acquired by handing over