Bava Metzia 35b

בבא מציעא ל״ה ע״ב

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Topic

Taking back land given for a debt, when a creditor earns the פירות, and a rented cow that is lent out and dies

Overview

The amud opens with a מחלוקת between רב אחא and רבינא. A debtor hands his land to his creditor on his own, without בית דין. Can he pay later and take it back? One view says it is a full sale. The other says he gave it only out of embarrassment, so it is returned like a שומא. Next, רבה, אביי, and רבא disagree about the moment a creditor collecting land through בית דין may start eating its פירות. Then a new משנה teaches that when a שוכר lends a rented cow to a שואל and it dies naturally, the שוכר swears and the שואל pays him; רבי יוסי says the payment goes to the owner. אביי explains that the שוכר's right begins at the cow's death, and the oath only reassures the owner. רבי זירא shows how an owner who keeps borrowing back his rented cow may owe several cows; רבינא defends this, and מר בר רב אשי says only two cows are owed. The amud ends as רבי ירמיה begins discussing when the שוכר and שואל must bring a חטאת, which continues on the next amud.

Opening lines

The steps (18)

1. StatementDebtor hands over land himself: can it be returned?
2. StatementWhy it does not go back: a full sale
3. StatementWhy it does go back: he only gave it out of embarrassment
4. QuestionFrom when does the creditor eat the produce?
5. Responseרבה: once the collection document reaches him
6. Responseאביי: the witnesses' signatures acquire it for him
7. Responseרבא: once the days of proclamation are over
8. StatementA rented cow is lent out and dies naturally
9. Statementרבי יוסי says the payment goes back to the owner
10. StatementThe שוכר acquires the cow through his oath
11. ChallengeWhy can't the owner skip the renter and sue the borrower?
12. Resolutionאביי: the renter acquires at the moment of death
13. StatementSometimes the owner pays the renter several cows
14. ResponseThe case of renting and borrowing back and forth
15. ChallengeIt is only one cow going back and forth
16. ResolutionThe cow is dead, so the owner cannot just hand it back
17. StatementOnly two cows: one for borrowing, one for renting
18. StatementSometimes both must bring a חטאת