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Bava Basra 92b

בבא בתרא צ״ב ע״ב

Bava Batra 92b

Learn Bava Basra 92b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The dispute between רב and שמואל over whether we follow רוב (the majority) in money matters, using the case of a goring ox and testing it against a משנה about a כתובה and a ברייתא about a sold slave.

Overview

The amud continues the argument between רב and שמואל about someone who bought an ox that turned out to gore, so it is useless for plowing. The גמרא first asks when their argument makes any real difference. If the seller has no money, the buyer keeps the ox anyway, so they must argue where the seller can repay. רב says the sale is a מקח טעות because we follow רוב, and most people buy oxen for plowing. שמואל answers that we follow רוב only in איסורא, not in ממונא. A סימן then lists five cases that will test these views. First, a משנה about a כתובה seems to show that רוב does not decide money cases, but רבינא explains that the majority there is weakened because her wedding had no publicity. That answer is sharpened to say that most virgin weddings, not all, are publicized. The גמרא then quotes a ברייתא about a sold slave with defects to challenge שמואל, and begins explaining it at the end of the amud, with the argument continuing on the next amud.

Opening lines

אִי דְּלֵיכָּא לְאִישְׁתַּלּוֹמֵי מִינֵּיהּ,

If there is nothing to be repaid from him,

לִיעַכַּב תּוֹרָא בְּזוּזֵיהּ!

let the buyer hold on to the ox in place of his money!

דְּאָמְרִי אִינָשֵׁי:

As people say:

מִן מָרֵי רְשׁוּתָיךְ – פָּארֵי אִפְּרַע!

From the one who owes you, collect even bran!

The steps (12)

  1. ChallengeIf the seller cannot pay, the buyer keeps the ox anyway
  2. ResolutionThey argue where the seller is able to repay
  3. Statementרב's reasoning: follow the majority, who buy for plowing
  4. Rejectionשמואל's reply: majority applies only in ritual law, not money
  5. StatementMemory aid for the five upcoming cases
  6. StatementQuoting a משנה about a disputed כתובה
  7. ChallengeWhy does she need witnesses if most women marry as virgins?
  8. Resolutionרבינא: Her missing publicity weakens the majority
  9. ChallengeIf virgin weddings are always known, her witnesses must be lying
  10. ResolutionMost virgin weddings are publicized, so no publicity weakens the majority
  11. ChallengeA ברייתא about selling a slave who turns out to have a defect
  12. ChallengeStarting to explain the first clause