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Bava Basra 93a

בבא בתרא צ״ג ע״א

Bava Batra 93a

Learn Bava Basra 93a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Do we follow the רוב (majority) in money cases? The גמרא tests the view that we do, using the case of a slave sold with a hidden flaw and the case of an ox that gored a pregnant cow.

Overview

This amud continues the debate between רב and שמואל over whether we follow the רוב (majority) in money cases. First the גמרא tries to prove רב's view from the case of a slave who turns out to be a thief or a gambler, but it rejects the proof because all slaves are assumed to be like that. Next it challenges רב from a משנה about an ox that gored a pregnant cow. The answer is that the רוב shows the ox's attack caused the miscarriage, but we still don't know whether it was fright or goring, so the money is split. The גמרא then tries to match רב and שמואל to a dispute between תנאים about an animal found dead beside a dangerous animal. Both רב and שמואל escape that link by showing that a רוב and a חזקה are not the same. Finally the גמרא challenges רב from the משנה about flaxseed that did not sprout. It answers that רב follows other תנאים, and it begins quoting a ברייתא whose last opinion, from רבי יוסי, continues on the next amud.

Opening lines

מַאי טַעְמָא?

What is the reason?

לָאו מִשּׁוּם דְּרוּבָּא הָכִי אִיתַנְהוּ?

Is it not because most of them are like this?

לָא, כּוּלְּהוּ הָכִי אִיתַנְהוּ.

No, all of them are like this.

תָּא שְׁמַע:

Come and hear:

The steps (12)

  1. ProofWhy does the slave buyer have no claim?
  2. RejectionNo proof, because all slaves are like that
  3. ChallengeThe case of the ox that gored a pregnant cow
  4. ChallengeWhy not follow the majority of cows?
  5. ResolutionThe quarter payment comes from doubt about how the calf died
  6. StatementA dispute between תנאים about an animal found dead next to a dangerous animal
  7. ProofLinking רב to רבי אחא and שמואל to the תנא קמא
  8. Rejectionרב: the first תנא rejects a חזקה but would still follow a רוב
  9. Rejectionשמואל can agree even with רבי אחא
  10. ChallengeChallenge from the משנה about seeds that did not sprout
  11. ChallengeThe word "even" shows we don't follow the majority
  12. ResolutionIt is a dispute between תנאים