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Bava Kamma 9a

בבא קמא ט׳ ע״א

Learn Bava Kamma 9a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Buying a field without אחריות; paying damages with money or מיטב; רב אסי's 'money is like land'; spending a third for a מצוה

Overview

The amud opens by finishing a ruling about a field sold without אחריות (a guarantee) when challengers claim it. The buyer may back out before חזקה, which starts when he walks the boundaries, but not after, because he knowingly bought a 'tied bag.' The גמרא brings two versions of what happens when the sale had a guarantee. It then returns to paying damages. רב הונא says payment is money or מיטב (best land), and the גמרא explains the ברייתא allowing even bran as a case where the damager has nothing else and need not sell his goods. Next comes רב אסי's rule that money is like land. The גמרא tries to place it in cases of brothers dividing an inheritance, but rejects this, partly because רב אסי already ruled on that case in a three-way מחלוקת with רב and שמואל. In the end, רב אסי is read as agreeing with רב הונא about מיטב. Finally, רב הונא teaches that one spends up to a third for a מצוה, and the גמרא begins asking what that third means. That question continues on the next amud.

Opening lines

וְיָצְאוּ עָלֶיהָ עֲסִיקִין;

and challengers came forth against it;

עַד שֶׁלֹּא הֶחְזִיק בָּהּ – יָכוֹל לַחֲזוֹר בּוֹ,

as long as he has not taken possession of it, he can back out;

מִשֶּׁהֶחְזִיק בָּהּ – אֵין יָכוֹל לַחֲזוֹר בּוֹ.

once he has taken possession of it, he cannot back out.

מַאי טַעְמָא? דְּאָמַר לֵיהּ:

What is the reason? Because he says to him:

The steps (27)

  1. StatementChallengers appear: before or after taking possession
  2. ResponseWhy the buyer cannot back out after taking possession
  3. ResponseWhen does taking possession begin?
  4. StatementThe rule applies only to a sale without a guarantee
  5. StatementAnother version: even with a guarantee the buyer is locked in
  6. StatementHow damages are paid: money or best land
  7. Challengeרב נחמן challenges: a ברייתא allows even bran
  8. ResolutionAnswer: the ברייתא is about someone with no money or land
  9. ChallengeIf he has nothing else, isn't that obvious?
  10. ResolutionThe חידוש: he does not have to sell his goods for cash
  11. StatementMoney is treated like land
  12. QuestionFor which law is money like land?
  13. RejectionIt can't be about paying damages, because רב הונא already said that
  14. ResponseThe case of two brothers dividing an inheritance
  15. ChallengeBut that is obvious: both are sons
  16. RejectionAnother version: the opposite may be true
  17. ResponseA new suggestion: brothers who divided, and a creditor took one share
  18. ChallengeBut רב אסי already said this once
  19. ProofThe earlier מחלוקת about brothers who divided
  20. Statementרב's reason: divided brothers are still like heirs
  21. Statementשמואל's reason: divided brothers are like buyers with no guarantee
  22. StatementWhy רב אסי splits the payment: a quarter in land and a quarter in money
  23. ResponseReturning to the idea that money counts as best-quality property
  24. ChallengeBut that is just רב הונא's rule
  25. ResolutionRead it as 'and similarly רב אסי said'
  26. StatementFor a מצוה, spend up to a third
  27. QuestionWhat does 'a third' mean?