Bava Metzia 16a
בבא מציעא ט״ז ע״א
Learn Bava Metzia 16a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Why רב lets the buyer keep a stolen field the גזלן later buys back, which cases this applies to, and whether it clashes with the rule that you cannot sell what you do not yet own.
Overview
רב ruled that if a גזלן sold a stolen field and later bought it from the real owner, the buyer gets to keep it. Two reasons were given: the גזלן doesn't want to be called a robber, or he wants to keep his reliability. The גמרא tests two cases where these reasons might differ, a buyer who died and a robber who died, and rejects both. It settles on a gift: by the 'reliability' reason the person who received the field keeps it, but by the 'robber' reason he lost nothing and cannot complain. Next it goes through the ways the field might reach the גזלן: selling it on, inheriting it, collecting it for a debt, or receiving it as a gift. Three אמוראים then argue about how long the גזלן still cares about his good name. רמי בר חמא and רב ששת challenge רב's ruling, saying a person cannot sell what he does not yet own. רבא and אביי defend רב: in his case the buyer truly relies on the seller. Finally רבי יוחנן begins to explain why a sale limited to 'today' is valid, and his explanation continues on the next amud.
Opening lines
הָא מִית לֵיהּ.
he has died.
וּמַאן דְּאָמַר:
And the one who says:
נִיחָא לֵיהּ דְּלֵיקוּם בְּהֵמָנוּתֵיהּ –
it is preferable for him to maintain his reliability –
בַּהֲדֵי בְּנֵי נָמֵי
with the children too
The steps (25)
- ResponseFirst proposed difference: the buyer has died
- RejectionRejection: the buyer's children will also call him a robber
- ResponseSecond proposed difference: the robber has died
- RejectionRejection: his children will be called children of a robber
- ResponseThe real difference: a field given as a gift
- StatementObvious: if he passed the field on, it was not for the buyer
- StatementAn inheritance came by itself
- StatementCollected for a debt: check whether other land was available
- StatementNo other land means he just wanted his money
- StatementA gift: is it like inheritance or like buying?
- QuestionUntil when does he care about his good name?
- Responseרב הונא: until they stand in court
- Responseחייא בר רב: until the court document arrives
- Responseרב פפא: until the announcement days begin
- ChallengeThe buyer's document is worthless
- ResolutionThe buyer's trust makes the גזלן transfer the field
- ChallengeA ברייתא: you cannot sell what you do not yet own
- Statementרמי בר חמא praises the refutation
- Resolutionרבא: a great man, but not a real refutation
- Statementרבי אבא בר זבדא says the refutation is obvious
- Rejectionרבא: this needs very deep examination
- StatementA case in פומבדיתא: רב יוסף says the refutation is obvious
- Rejectionאביי: it needs deep examination
- QuestionWhy do the two parts of the ברייתא differ?
- Responseרבי יוחנן: the 'today' sale is for the father's honor