Bava Metzia 39b

בבא מציעא ל״ט ע״ב

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Topic

Managing property of minors and captives, and רב חסדא's ruling against a violent heir

Overview

The גמרא finishes the rule that a relative who manages a קטן's land never gains a חזקה, even after the קטן grows up. It suggests three limits to the rule אין מורידין קרוב לנכסי קטן, and then rejects all of them. Next comes a case: an old woman and one daughter were taken captive, and another daughter died and left a small child. אביי shows that neither the free sister nor the child can simply manage the property. He splits it, giving half to the sister and putting a steward over the other half. רבא says one steward should manage it all. When news comes that the grandmother died, they disagree the same way about the captive daughter's third. Finally, רב חסדא judges a man who claims to be the brother of the powerful מרי בר איסק. He puts the burden of proof on מרי, because frightened witnesses may stay silent but will not lie. Once the brother is confirmed, he shares even in the orchards מרי planted.

Opening lines

The steps (23)

1. StatementEven after the minor grows up
2. StatementThree suggested limits to the rule
3. RejectionNo limits: never put a relative in charge
4. StatementThe captive grandmother story
5. Questionאביי asks what to do
6. RejectionOption one: give it to the surviving sister
7. RejectionOption two: give it to the child
8. Responseאביי's solution: half to the sister, a steward for the other half
9. Statementרבא: one steward for all of it
10. StatementNews that the grandmother died: אביי divides into thirds
11. Statementרבא again: one steward for both sixths
12. StatementA stranger claims to be מרי בר איסק's brother
13. Proofרב חסדא: brothers really can fail to recognize each other
14. Statementרב חסדא: bring witnesses that you are his brother
15. ChallengeThe brother: my witnesses are too scared to testify
16. Resolutionרב חסדא turns the burden onto מרי
17. Challengeמרי protests: the claimant should bring proof
18. Resolutionרב חסדא: This is how I judge violent people
19. Challengeמרי: The witnesses still won't tell the truth
20. ResolutionWitnesses won't commit two wrongs
21. StatementThe witnesses confirm he is the brother
22. StatementThe brother asks for a share of the new orchards
23. Proofרב חסדא backs the brother from a משנה