Bava Metzia 6b

בבא מציעא ו׳ ע״ב

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Topic

A disputed bathhouse that one claimant consecrated. The proof from a ספק בכור is rejected, and then the גמרא discusses whether a doubtful animal can be part of מעשר בהמה.

Overview

Two people were fighting over a bathhouse, and one of them consecrated it. The רבנן were unsure whether the הקדש took effect, so they stayed away from it and sent the question with רבה to רב חסדא. On the way, in סורא, רב המנונא said the answer is in a משנה about a ספק בכור. He read it to mean that a כהן who grabs the animal keeps it, and a ברייתא forbids shearing or working it even before he grabs it. רבה rejected this, because a בכור becomes holy by itself, which is different from a person's act of הקדש. רב חנניה then brought a ברייתא to support רבה: doubtful animals go into the pen for מעשר בהמה, so they must fully belong to the owner. אביי first answered that the ברייתא could be about nine animals plus the ספק, where tithing works either way. Then he took this back. He proved from a משנה about a counted animal that jumped back into the pen, together with רבא's rule of מנין הראוי, that a doubtful animal cannot be tithed at all.

Opening lines

The steps (11)

1. StatementThe disputed bathhouse that one claimant consecrated
2. Questionרב אושעיא sends the question to רב חסדא
3. Proofרב המנונא cites the משנה and ברייתא on a doubtful firstborn
4. ProofHow the firstborn law proves the bathhouse case
5. Rejectionרבה rejects the proof: firstborn holiness comes on its own
6. ProofA ברייתא that seems to support רבה
7. ProofHow the ברייתא proves רבה's view
8. Rejectionאביי says the ברייתא is about an owner with only nine animals
9. Rejectionאביי takes back his own answer
10. ProofIf a doubtful animal could be tithed, the owner should tithe either way
11. Statementרבא's rule: a count that could reach ten exempts