Bava Metzia 66a

בבא מציעא ס״ו ע״א

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Topic

When are promises only 'פטומי מילי' (sweet talk)? Also, does a lender who takes a field as security acquire it if the loan is not repaid, or is that an אסמכתא that is not binding?

Overview

The amud opens at the end of אמימר's ruling: when the seller states a condition that the buyer should have made, it is only 'פטומי מילי', sweet talk with no legal force. רב אשי challenges this from a ברייתא where the buyer promises to return the field, and אמימר answers that such a buyer is always treated as speaking 'of his own accord'. Next comes a story about a dying man who gives his wife a גט. She promises to be his again if he recovers, and רב זביד rules that her promise is only comforting words. The גמרא explains why that ruling was needed: without it, we might think the husband gave the גט relying on her promise. The גמרא then returns to the משנה's loan secured by a field. רב הונא and רב נחמן argue about whether a condition added after the loan wins the whole field. After רב יהודה tears up the document in a case רב נחמן decided, רב נחמן retracts and rules that the lender acquires nothing, because אסמכתא לא קניא, as מניומי taught. The משנה, which gives the field to the lender, is explained as following רבי יוסי, who holds that אסמכתא does acquire.

Opening lines

The steps (17)

1. StatementThe ruling: the seller's words are just sweet talk
2. Questionרב אשי asks for the reason behind the ruling
3. ChallengeChallenge from the ברייתא about the buyer's promise
4. Challengeרבא's explanation seems to say who speaks does not matter
5. Resolutionאמימר: the buyer's promise is always treated as 'of his own accord'
6. StatementThe dying man's divorce and his wife's promise
7. ChallengeWhy does רב זביד even need to say this?
8. ResolutionWe might have thought he gave the גט relying on her promise
9. StatementLoan secured by a field: when was the condition said?
10. Statementרב נחמן rules by his view, and רב יהודה tears the document
11. Responseרב נחמן: a great man must have had a reason
12. ResponseA second version of רב נחמן's reply
13. Statementרב נחמן changes his ruling
14. Challengeרבא challenges רב נחמן from the משנה
15. Resolutionרב נחמן explains: מניומי taught that אסמכתא does not acquire
16. ChallengeThe משנה is difficult for מניומי
17. ResolutionThe משנה follows רבי יוסי