Bava Metzia 2b

בבא מציעא ב׳ ע״ב

Learn Bava Metzia 2b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Why the משנה of שנים אוחזין needs both cases, and whether it fits בן ננס and סומכוס

Overview

The גמרא explains why the משנה teaches two cases, a found item and a purchase. Each case has its own excuse a person might use to grab dishonestly, so neither case could be learned from the other. It then asks how a purchase dispute could happen at all. The answer is that the seller took money from both people and forgot which payment he truly accepted. Next, the גמרא asks whether our משנה disagrees with בן ננס, who objects to oaths where one must be false. It answers that here both oaths could be true, since the two may have lifted the item together. Finally, it tests our משנה against סומכוס, who splits doubtful money without an oath. It defends the משנה first by limiting his rule to שמא ושמא, then by limiting it to cases of דררא דממונא. A new קל וחומר against that last answer begins and continues on the next amud.

Opening lines

The steps (15)

1. ResponseIf only the found-item case were taught
2. ResponseIf only the purchase case were taught, so both are needed
3. ChallengeCan't we just ask the seller whose money he took?
4. ResolutionThe seller took money from both buyers
5. QuestionMaybe our משנה does not follow בן ננס
6. Statementבן ננס objects to a guaranteed false oath
7. RejectionOur משנה can still fit בן ננס
8. QuestionMaybe our משנה does not follow סומכוס
9. RejectionThe רבנן fit even less
10. ResolutionThe רבנן can explain our משנה well
11. ProofWhy the משנה cannot follow סומכוס
12. Rejectionסומכוס only splits without an oath when both sides are unsure
13. ChallengeWhat about רבה בר רב הונא's view of סומכוס?
14. Resolutionסומכוס only splits when there is a real money connection
15. ChallengeStarting a new קל וחומר against the money-connection answer