Bava Metzia 6a

בבא מציעא ו׳ ע״א

Learn Bava Metzia 6a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Metzia 6a in Gemara Clarity

Topic

Oaths for those suspected about money, and grabbing the disputed garment in front of בית דין

Overview

The amud opens by testing whether someone suspected about money is also suspected of swearing falsely (מיגו דחשיד אממונא חשיד אשבועתא). Rulings of רב נחמן, רבי חייא and רב ששת all make such a person swear, so the גמרא concludes that we do not say this. אביי pushes back: in those cases the person may only be unsure about an old loan, so he is not a real thief. רב ששת בריה דרב אידי explains why the oath still helps: people grab doubtful money because it can be returned, but they fear a doubtful oath because it can never be undone. Then רבי זירא asks what happens if one of the two people holding the טלית grabs it in front of בית דין, specifically when the other was silent at first and protested later. רב נחמן tries to prove the answer from a ברייתא, but the גמרא pushes the proof away in two ways. The גמרא then asks how this question affects making the garment הקדש without grabbing it, weighing the power of words to הקדש against the rule that one can only make holy what is in his possession. A story that may answer this begins at the end and continues on the next amud.

Opening lines

The steps (22)

1. ChallengeChallenge from רב נחמן's oath of inducement
2. ChallengeChallenge from רבי חייא's storekeeper and worker case
3. ChallengeChallenge from רב ששת's three oaths for a שומר
4. ConclusionConclusion: suspicion about money does not cancel an oath
5. Rejectionאביי: maybe he thinks he is owed an old loan
6. ChallengeThen why make him swear at all?
7. Resolutionאביי adjusted: he is only unsure about the old loan
8. ChallengeIf he grabs money over a doubt, he'll swear over a doubt
9. ResolutionPeople fear a doubtful oath more than doubtful money
10. QuestionOne person grabs the garment in front of the judges
11. ChallengeHow can this case be a real question?
12. ResolutionThe case: silent at first, protesting later
13. QuestionWas the silence an admission, or did he trust the judges?
14. Proofרב נחמן quotes a teaching about who must bring proof
15. ProofThe teaching must be about a grab in front of the court
16. RejectionThe teaching may be about a claim that the other side admitted
17. RejectionHolding the edge of the garment counts for nothing
18. StatementIf the court takes the garment back, making it הקדש does not work
19. QuestionWhat if he made it הקדש without grabbing it?
20. QuestionFirst side: declaring it הקדש counts like grabbing it
21. QuestionSecond side: he never grabbed it, so it is not in his possession
22. ResponseStarting a story to answer the question