Bava Kamma 105b

בבא קמא ק״ה ע״ב

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Topic

False oaths and denials about money: worthless חמץ, the guardian claim, witnesses' oaths, and רב ששת's rule about a שומר who denies a deposit.

Overview

רבא asks about a robber who swore falsely about stolen חמץ that became forbidden after פסח and is now worthless. Does that oath count as denying money? The גמרא answers from רבה: someone accused of stealing an ox who falsely claims to be a שומר or a borrower is liable, because he freed himself from a possible future payment. So the חמץ oath also counts as denying money. רב עמרם objects from a ברייתא that exempts a מודה בעיקר, and רבא answers that the ברייתא is about an ox handed back on the spot, while his case is about an ox still out in a swamp. The גמרא then explains how several claims in that ברייתא count as admitting the main claim. Next comes בן עזאי's list of false witness oaths about a lost item, and a dispute over whether a single witness is liable, which depends on whether a דבר הגורם לממון counts as money. Finally, רב ששת rules that a שומר who denies a deposit becomes a גזלן. A proof for him is pushed aside, and רמי בר חמא's challenge is answered by explaining that a denial made only to stall is not real כפירה. The support for that answer, from one who denies a loan, continues on the next amud.

Opening lines

The steps (34)

1. QuestionWhat if the robber swore falsely about the forbidden חמץ?
2. Statementרבה already treats this as obvious: the ox case begins
3. ProofClaiming to be an unpaid guard makes him liable
4. ProofClaiming to be a paid guard also makes him liable
5. ProofThe borrower claim also makes him liable
6. ConclusionApplying רבה's principle to the worthless חמץ
7. Challengeרב עמרם objects from 'וכחש בה'
8. ChallengeThe ברייתא begins its example
9. ChallengeThe list of answers the accused might give
10. ChallengeThe verse exempts someone who admits the main claim
11. Resolutionרבא: the ox was handed back, not left in a swamp
12. QuestionHow is 'You sold it to me' an admission?
13. ResponseHe bought it but never paid
14. QuestionHow is 'You gave it to me' an admission?
15. ResponseA gift on a condition that was not kept
16. ChallengeThe owner can answer: you should have returned it
17. ResolutionHe swore he did not know the ox was the owner's
18. Statementבן עזאי: three false oaths about a lost item
19. ChallengeIf he recognized neither, he swore the truth
20. ResolutionCorrect it: he recognized both
21. QuestionWhat law do these cases teach?
22. ResponseExempt or liable: רבי חנינא and שמואל disagree
23. StatementThe argument matches an older dispute between תנאים
24. QuestionWhat is the root of their argument?
25. ResponseDoes something that causes money count as money?
26. StatementA bailee who denies a deposit becomes a robber
27. ProofA ברייתא seems to support רב ששת
28. RejectionMaybe the punishment is for the oath
29. ChallengeThe second part of the ברייתא is about the oath
30. ResolutionBoth parts of the ברייתא are about a false oath
31. Challengeרמי בר חמא quotes the משנה about who is suspect on oaths
32. ChallengeIf denial makes him a גזלן, the denial should disqualify him
33. ResolutionThe משנה is about a deposit sitting in a swamp
34. ProofProof: one who denies a loan stays a valid witness