Bava Kamma 51b
בבא קמא נ״א ע״ב
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Topic
Shared responsibility for a dangerous pit: deadly fumes, partners handing over a בור, ברירה, and acquiring a בור with its bucket
Overview
This amud is about a dangerous pit (בור) that more than one person helped make, and about who is responsible for it. First the גמרא tries to explain two ברייתות about a pit that several people worked on, using the מחלוקת between רבי and רבנן. רב זביד shows that both ברייתות can follow one view, with the idea of deadly fumes (הבל) explaining the plastering case. רבא then adds that building up a pit's rim to ten טפחים is the same as digging. He also asks what happens if the second person undoes his addition, and that question stays a תיקו. Next come rulings about how water and width affect a pit's deadly fumes, including two more תיקו questions and רב אשי's answer about a pit that was widened. The גמרא then asks when a partner who leaves an uncovered בור stops being responsible. It connects that question to the idea of ברירה, which also explains partners who made a נדר about their shared חצר. Finally, רבי אלעזר teaches that handing over the bucket lets a buyer acquire a בור through חזקה. רבי יהושע בן לוי then begins a ruling about selling a house, which continues on the next amud.
Opening lines
לֵימָא הָא רַבִּי,
Shall we say this one is Rabbi,
וְהָא רַבָּנַן?
and that one is the Rabbis?
אָמַר רַב זְבִיד:
Rav Zevid said:
הָא וְהָא רַבָּנַן;
This one and that one are both the Rabbis;
The steps (30)
- QuestionDo the two ברייתות follow רבי and רבנן?
- Resolutionרב זביד: both ברייתות follow רבנן
- ChallengeChallenge from the plastering case
- ResolutionThe plastering created the deadly fumes
- ResolutionSecond version: both ברייתות follow רבי
- StatementRaising the pit from the top also counts
- ChallengeIsn't that obvious?
- ResolutionThe deadly air is not his, yet he is still included
- QuestionWhat if the second person undoes his addition?
- ConclusionThe question stays unresolved
- StatementWater counts double toward a pit's depth
- QuestionA pit nine deep with one handbreadth of water
- QuestionA pit seven deep with three handbreadths of water
- ConclusionThe questions stay unresolved
- QuestionWhat if someone widened the pit?
- Responseרבה: widening lessens the deadly air
- Challengeרב שיזבי: widening brings the danger closer
- Resolutionרב אשי: It depends on how the animal died
- ResolutionAnother version of רב אשי: It depends on which side the animal fell
- StatementA בור whose depth equals its width
- QuestionFrom when is the first partner no longer responsible?
- ResponseTwo answers: when he leaves it in use, or when he hands over his bucket
- ProofThe same dispute appears among the תנאים
- ResponseThe root of the dispute is ברירה
- Proofרבינא: the same sides disagree about partners with a נדר
- ConclusionThe חצר dispute is also about ברירה
- StatementSelling a pit: the buyer acquires once the seller hands over his bucket
- ChallengeWhy should the bucket matter? Money or חזקה should do the acquiring
- ResolutionIt is חזקה, and the bucket counts as saying 'לך חזק וקני'
- StatementA new ruling begins: selling a house