Bava Metzia 37b

בבא מציעא ל״ז ע״ב

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Topic

Doubtful claims to money: the robber's silence, רבי עקיבא on taking money away because of a doubt, a שומר's duty to keep track, and why the משנה gives both the money and vessels cases

Overview

This amud finishes explaining two versions of how a robber reacts when several people each say 'you robbed me.' One version says he protests loudly, and the other says his silence proves nothing. רב ספרא then explains that 'he places the stolen item between them' means the money stays put until someone proves it is his. Next אביי asks רבא how רבי עקיבא can make the robber pay everyone because of a doubt, when in the case of the house that fell on a son and his mother רבי עקיבא leaves the property where it is. רבא answers that a sure claim against an unsure one is different from two unsure sides. Our משנה, where both sides are unsure yet the robber pays both, is explained as describing what he must do to clear himself before Heaven. רבינא then challenges רבא's rule that a שומר given two bundles must keep track, and רב אשי answers that the shepherd never knew the animals were put in his flock. Finally the גמרא explains why the משנה needs both the money case and the case of two vessels.

Opening lines

The steps (18)

1. StatementExplaining the two versions: 'screams' versus 'silent'
2. StatementQuoting the ruling: he places the stolen item between them
3. ChallengeChallenge: can they all just grab it? רב's rule about doubtful placement
4. Resolutionרב ספרא: he just leaves it there
5. Proofאביי's inference: רבי עקיבא takes money away because of a doubt
6. ChallengeContradiction: the house that fell on a son and his mother
7. Resolutionרבא distinguishes the two cases: both unsure versus one side sure
8. ChallengeChallenge from our משנה, where both sides are unsure yet he pays both
9. QuestionHow do we know our משנה follows רבי עקיבא?
10. Responseרבי טרפון concedes, and he concedes to רבי עקיבא
11. QuestionHow do we know both sides in our משנה are unsure?
12. ResponseTwo proofs that both sides are unsure
13. ResolutionThe משנה is about a robber clearing himself before Heaven
14. Challengeרבינא challenges רבא's rule about two bundles
15. ResolutionThe shepherd never agreed to watch those animals
16. StatementThe משנה's case of two vessels, and the claim that both cases are needed
17. ResponseWhy the vessels case is needed
18. ConclusionWhy the money case is needed, so both are necessary