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Bava Kamma 103a

בבא קמא ק״ג ע״א

Learn Bava Kamma 103a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Buying in another's name, רב כהנא's flax and ריבית, and the new משנה on returning stolen money after a false oath

Overview

This amud finishes a ברייתא about someone who buys a field in another person's name. The seller does not have to write the real buyer a second שטר unless the buyer made it a condition (על מנת). The גמרא asks why each half of the ברייתא is needed and gives a 'you might have thought' answer for each. Then comes a story: רב כהנא paid in advance for flax, the price went up, and the seller sold it. רב tells him he may take the money only if the flax was sold as רב כהנא's. The גמרא first wonders whether this follows only בני מערבא, then rejects that idea. It explains instead that this was only a trust deal (אמנה), and רב allows trust deals in produce but not in money. Finally a new משנה begins. A robber who swore falsely must bring the payment to the victim himself, even as far as מדי, if at least a פרוטה of the קרן is still owed. The amud ends as the משנה starts a new case about a false oath over the חומש, which continues on the next amud.

Opening lines

אֵין כּוֹפִין אֶת הַמּוֹכֵר

The seller is not compelled

לִמְכּוֹר זִימְנָא אַחֲרִיתִי.

to sell another time.

וְאִם אָמַר לוֹ: ״עַל מְנָת״ –

But if he said to him: 'on condition'

כּוֹפִין אֶת הַמּוֹכֵר לִמְכּוֹר.

the seller is compelled to sell.

The steps (14)

  1. StatementEnd of the ruling: no second sale, unless there was a condition
  2. ChallengeIsn't the first ruling obvious?
  3. ResolutionYou might have thought the buyer could claim he paid only for his own benefit
  4. ChallengeIsn't the 'on condition' ruling obvious too?
  5. ResolutionThe case is where the buyer told the witnesses in front of the seller
  6. Questionרב כהנא's flax: may he take the money?
  7. Responseרב: it depends whether the flax was sold as רב כהנא's
  8. QuestionDoes רב's ruling follow only the people of the West?
  9. Rejectionרב כהנא did not lend money; the seller robbed him
  10. ResolutionIt was only a trust deal, and רב allows trust only in produce
  11. StatementNew משנה: a robber who swore falsely must return the payment to the victim himself
  12. StatementCases where the robber does not need to go after the victim
  13. StatementCases where the robber must go after the victim
  14. StatementNew case: he paid the principal and swore falsely about the fifth