Bava Kamma 8a
בבא קמא ח׳ ע״א
Learn Bava Kamma 8a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Which grade of land creditors collect from: how land is graded, עולא's תקנה for lenders, and collecting from buyers of the debtor's fields.
Overview
The amud opens by finishing a ברייתא that lists which grade of land each claimant collects from. The גמרא uses its middle clause to challenge the view that land is graded against the owner's own fields (בשלו הן שמין). It answers that the case is one where the borrower once owned עידית and sold it, and רב חסדא says the same. A second ברייתא seems to contradict the first, and the גמרא settles the clash in four ways. These are: רב חסדא's case, whether his בינונית matches the world's עידית, a dispute between בשלו and בשל עולם, and רבינא's view that the תנאים disagree about עולא's teaching. עולא teaches that by Torah law a בעל חוב collects from זיבורית, but the Sages gave him בינונית so that people would keep lending. Then a new ברייתא covers a debtor who sold his fields. Buyers who bought from him take his place, but when there were several buyers one after the other, creditors collect from the last buyer first. The גמרא explains why a single buyer is different. He bought the עידית last, and he can threaten to return the זיבורית to the seller. It then begins a new challenge that continues on the next amud.
Opening lines
עִידִּית וְזִיבּוּרִית –
If he has top-quality and low-quality land,
נִזָּקִין בְּעִידִּית,
damages are paid from the top-quality land,
וּבַעַל חוֹב וּכְתוּבַּת אִשָּׁה בְּזִיבּוּרִית.
and a creditor and a woman's כתובה are paid from the low-quality land.
קָתָנֵי מִיהָא מְצִיעָא:
In any case, it teaches in the middle clause:
The steps (22)
- ChallengeEnd of the ברייתא: owner of only best and worst land
- ChallengeThe middle clause challenges grading by his own land
- ResolutionHe once owned top land and sold it
- Proofרב חסדא says the same answer
- ProofAnother ברייתא seems to contradict the first one
- ProofThe contradiction is settled only by רב חסדא's case
- ResolutionAnother answer: does his בינונית match the world's עידית?
- ResolutionA third answer: the two תנאים disagree about how to grade land
- Resolutionרבינא: The two ברייתות argue about עולא's teaching
- StatementWhy the Sages moved the creditor up to middle-grade land
- ResolutionOne תנא follows עולא's enactment, the other does not
- StatementSelling to one buyer, or to three at once: the buyers take the owner's place
- StatementSelling one after another: collect from the last buyer first
- QuestionWhat case is 'sold to one person'?
- ChallengeSelling everything at once would be too obvious to teach
- ResponseThe one-buyer case means sales one after the other
- ChallengeWhy are three buyers one after the other different?
- ChallengeA single buyer should also be able to say 'I left you land'
- ResolutionThe case is where he bought the best land last
- ChallengeThen let them all collect from the best land
- ResolutionThe buyer threatens to return the worst land to the seller
- ChallengeIf so: setting up a new challenge