Bava Kamma 106a

בבא קמא ק״ו ע״א

Learn Bava Kamma 106a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Does an accepted oath free a שומר from paying when witnesses later show he lied, and how far does רב's rule reach?

Overview

The גמרא finishes a discussion of רב ששת's view that a שומר who denies holding a פקדון becomes a גזלן right away. It answers a challenge from אילפא's words 'שבועה קונה' in two ways. One answer is that אילפא means an animal standing in an אגם. The other is that he means רב הונא's ruling in the name of רב: once the owner accepts a שבועה, the one who swore no longer pays, even if witnesses come later. The גמרא then examines that ruling. רבא first suggests it fits only a loan, but then agrees it covers a deposit too. רב נחמן defends רב against a משנה by distinguishing an oath taken outside court and an oath the שומר 'jumped' into. רב המנונא and רבא bring more challenges. רבא finally limits רב's rule to a שומר who claimed the item was lost, swore, never admitted, and was exposed by witnesses. רב אשי questions this limitation, and רב אחא סבא begins an answer that continues on the next amud.

Opening lines

The steps (26)

1. StatementDenying a deposit makes one unfit to testify
2. ChallengeChallenge from אילפא: only an oath makes it his
3. Resolutionאילפא speaks of an animal in a swamp
4. ResolutionSecond answer: 'acquires' means he no longer pays
5. Statementרב הונא's ruling stated on its own
6. Statementרבא suggests רב's rule fits only a loan
7. Rejectionרבא retracts: רב meant it even for a deposit
8. ChallengeChallenge from a משנה where a lying bailee still pays
9. Resolutionרב נחמן: the משנה's oath was outside of court
10. ChallengeThe משנה's last part speaks of double payment
11. Resolutionרב נחמן could split the משנה but refuses
12. ResolutionBoth parts are in court: he 'jumped' to swear or he did not
13. QuestionWhy defend רב if you disagree with him?
14. Responseרב נחמן was only explaining רב's view
15. ChallengeBut רב based his rule on a פסוק
16. ResolutionThe פסוק teaches who swears
17. Challengeרב המנונא's challenge: liable for every one of five oaths
18. ChallengeThe earlier escape answers do not work here
19. ResolutionThe same רב המנונא answers his own challenge
20. Challengeרבא challenges רב from a ברייתא about a thief claim
21. ChallengeThe earlier answers do not work for this ברייתא
22. Resolutionרבא limits רב's rule: it does not apply when he admits
23. ResolutionThief claim plus witnesses is also outside רב's rule
24. ConclusionThe exact case רב was talking about
25. Challengeרב אשי objects: רב המנונא knew רב's rule covered admitting
26. Resolutionרב אחא סבא begins to defend רבא