Gemara Clarity

Bava Kamma 107a

בבא קמא ק״ז ע״א

Learn Bava Kamma 107a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Kamma 107a in Gemara Clarity

Topic

Why the rule of מודה במקצת (partial admission requires a שבועה) applies to a loan (מלוה) and not to a deposit (פקדון), using רבה's explanation that a borrower will not brazenly lie to his lender's face.

Overview

The amud opens by answering a difficulty from the previous amud. The words 'כי הוא זה', which teach that one who admits part of a claim must swear, appear among the laws of deposits. The גמרא says this is עירוב פרשיות: the words really refer to a loan. It then asks why a loan is different and answers with רבה's famous reasoning. A borrower would like to deny the whole debt, but he is too embarrassed to lie to the face of the person who lent him money. He would also like to admit everything, but he cannot pay right now, so he stalls by denying part. The Torah puts a שבועה on him to push him to admit all of it. That reasoning fits only a loan. With a פקדון the owner did no favor, so a person will lie to his face (מעיז ומעיז). At the very end, רמי בר חמא begins quoting a ברייתא about the four kinds of שומרים, which continues on the next amud.

Opening lines

עֵירוּב פָּרָשִׁיּוֹת כָּתוּב כָּאן,

A mixing of Torah sections is written here,

וְכִי כְּתִיב: ״כִּי הוּא זֶה״

and when it is written: "This is it,"

– אַמִּלְוָה הוּא דִּכְתִיב.

it is written about a loan.

וּמַאי שְׁנָא מִלְוָה?

And what is different about a loan?

The steps (6)

  1. ResolutionThe verse about partial admission really refers to a loan
  2. QuestionWhy should a loan be different?
  3. Responseרבה: a borrower won't deny everything to his lender's face
  4. ResponseWhy he denies part, and why the Torah adds a שבועה
  5. ConclusionThis reasoning works only for a loan, not a deposit
  6. Statementרמי בר חמא begins a teaching about the four guardians