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Bava Metzia 14a

בבא מציעא י״ד ע״א

Learn Bava Metzia 14a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Metzia 14a in Gemara Clarity

Topic

Refuting רבי אלעזר and שמואל, why a missing guarantee counts as a scribe's mistake in loans but not in sales, and אביי's rulings on sellers in court

Overview

The amud opens by finishing the discussion of a ברייתא that refutes רבי אלעזר. The גמרא explains that his two refuted points are really one, and then shows that the same ברייתא refutes שמואל on two points. One of those points is his rule that a found שטר הקנאה is returned with no worry about פרעון. Next, שמואל explains that the חכמים treat a missing אחריות clause as a טעות סופר. That seems to clash with another rule of his: a scribe must ask before writing guarantee terms in a sale. The גמרא resolves this by splitting loans from sales. Nobody lends money without security, but a buyer may knowingly buy land with no guarantee. A real case of אבוה בר איהי, who bought a room from his sister, shows שמואל ruling this way. The amud ends with rulings of אביי about when a seller may argue in court against his creditor, and it begins a new case about challengers to a field that continues on the next amud.

Opening lines

חֲדָא הוּא,

It is one,

דְּחַד טַעַם הוּא,

for it is one reason;

דְּמִשּׁוּם דְּקָאָמַר רַבִּי אֶלְעָזָר

because Rabbi Elazar says

מַחְלוֹקֶת בְּשֶׁאֵין חַיָּיב מוֹדֶה –

the dispute is where the liable party does not admit,

The steps (14)

  1. ResolutionBoth of רבי אלעזר's points come from one reason
  2. Conclusionשמואל is refuted, first point: same as רבי אלעזר
  3. Statementשמואל's rule: a found deed of transfer is returned
  4. ConclusionThe ברייתא shows we do worry about repayment
  5. Statementשמואל explains the רבנן's reasoning: a missing guarantee is a scribe's mistake
  6. ChallengeAnother statement of שמואל seems to contradict him
  7. QuestionDid different people report שמואל differently?
  8. ResolutionLoans and sales are different cases
  9. ProofThe story of the room bought from a sister
  10. ChallengeThe buyer reminds שמואל of his own rule
  11. Resolutionשמואל explains: loans yes, sales no
  12. StatementA seller who gave a guarantee can argue against his creditor
  13. StatementAnother version: even without a guarantee
  14. Statementאביי begins a second case: challengers before possession