Bava Metzia 100a

בבא מציעא ק׳ ע״א

Learn Bava Metzia 100a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Splitting money in doubt (סומכוס) and oaths in buyer-and-seller disputes over a newborn or over which item was sold.

Overview

This amud starts with a משנה about buyer-and-seller disputes when the facts are unclear. If a cow or a שפחה gives birth around the time of a sale and each side claims the baby, they split it. With two slaves or two fields, one big and one small: whoever is sure beats the one who says 'I don't know'. If both are sure and disagree, the seller swears. If neither knows, they divide. The גמרא asks why the baby is split instead of going to whoever holds it. שמואל answers that it stands in a marsh or alley, and the גמרא adds that the משנה follows סומכוס, who splits money in doubt. רבה בר רב הונא and רבא then argue whether סומכוס splits even when both sides are sure, and the גמרא tests each view against the משנה. Finally, the גמרא asks how the seller can owe an oath over slaves at all. רב says the claim is really about money, and שמואל says it is about a garment or sheaves.

Opening lines

The steps (21)

1. StatementA baby born around the time of the sale: they split it
2. StatementBig or small item: the buyer is sure and the seller doesn't know
3. StatementBig or small item: the seller is sure and the buyer doesn't know
4. StatementBoth sides are sure but disagree: the seller swears
5. StatementNeither side knows: they divide
6. ChallengeWhy divide? Whoever holds the baby should keep it
7. ResolutionThe baby is in a place belonging to no one
8. ChallengeLeave the baby with its original owner
9. ResolutionThe משנה follows סומכוס
10. ChallengeDid סומכוס say this when both sides are sure?
11. Resolutionסומכוס splits even when both sides are sure
12. Resolutionרבא: סומכוס only splits when both sides are unsure
13. ChallengeChallenge to רבה בר רב הונא from the end of the משנה
14. ResolutionThe end of the משנה shows what the beginning means
15. ChallengeWhy does the seller swear instead of splitting?
16. Resolutionסומכוס agrees there is no splitting when a Torah oath applies
17. ChallengeWhy is there an oath when nothing claimed was admitted?
18. ChallengeAnother problem: the small slave is a case of 'here it is, take it'
19. ChallengeAnother problem: no oath is taken over slaves
20. Resolutionרב: the claim is about money paid for the slave or field
21. Resolutionשמואל: the claim is about the slave's clothing or the field's sheaves