Bava Metzia 5b

בבא מציעא ה׳ ע״ב

Learn Bava Metzia 5b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Metzia 5b in Gemara Clarity

Topic

The shepherd's status, the wording and purpose of the oath in שנים אוחזין, and whether someone suspected about money is also suspected about oaths

Overview

The amud opens by finishing an earlier argument: the Rabbis do not stack one תקנה on top of another. The גמרא then asks why a shepherd is not automatically פסול, since רב יהודה says an ordinary shepherd is. It answers that this applies only to one herding his own animals, because of the חזקה that a person does not sin when he gains nothing. Next the גמרא explains the wording of the משנה's oath: 'I have a share in it, and I do not have less than half.' This wording keeps his claim to all of the טלית while fitting the half he will receive. רבי יוחנן explains that the oath is a תקנת חכמים, made to stop people from grabbing other people's things. The גמרא then asks how a suspected grabber can be trusted to swear, and rules that being suspected about money does not make someone suspected about oaths. It tests this against a borrower, the four שומרים and רב הונא's guardian who pays for the item, explaining each time why that person is stalling or thinks he is doing nothing wrong. Along the way it limits רב חסדא's rule that one who denies a deposit is פסול לעדות to a case where he clearly had the item.

Opening lines

The steps (29)

1. ConclusionWe do not build one rabbinic enactment on top of another
2. ChallengeWhy not disqualify the man simply for being a shepherd?
3. ResolutionHis own animals versus other people's animals
4. ProofProof: otherwise we could never hire a shepherd
5. ConclusionA person does not sin when he gains nothing
6. StatementThe משנה's oath: he does not own less than half
7. QuestionIs the oath about what he has or about what he lacks?
8. Responseרב הונא: he swears both that he has a share and that it is not less than half
9. ChallengeWhy not swear that all of it is mine?
10. ResolutionWe would not give him all of it
11. ChallengeWhy not swear that half of it is mine?
12. ResolutionSwearing on half would weaken his own claim
13. Challengeרב הונא's wording also weakens his claim
14. ResolutionHe says: all is mine, but by your terms I swear
15. ChallengeWhy is there an oath at all?
16. ResolutionThe oath is a rabbinic enactment against grabbing
17. ChallengeWhy trust the oath of someone who may be a thief?
18. ResolutionSuspected about money is not suspected about oaths
19. ProofProof from the oath of one who admits part of a claim
20. RejectionThat borrower is only stalling, not stealing
21. ProofDenying a loan versus denying a deposit
22. ChallengeWhy do the four guardians swear if they are thieves?
23. ResolutionThe guardian may also just be stalling
24. ChallengeThen why is the denier of a deposit ever disqualified?
25. ResolutionDisqualified only when he clearly had the item
26. ChallengeWhy does רב הונא let a suspected guardian swear?
27. ResolutionHe tells himself that paying makes it fine
28. ChallengeBut paying still breaks לא תחמוד
29. ResolutionPeople think לא תחמוד means taking without paying