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Bava Metzia 7a

בבא מציעא ז׳ ע״א

Learn Bava Metzia 7a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Doubtful ownership and disputed holdings: a ספק בכור grabbed by a כהן, the disputed bathhouse, two people holding a garment, קנין סודר, and a שטר held by a lender and a borrower

Overview

The amud opens by finishing a proof. A flock is exempt from מעשר בהמה because the פסוק demands a certain tenth, so the proof stands that a ספק בכור grabbed by a כהן is taken away from him. רב אחא מדפתי then asks which doubtful animals are subject to מעשר. The answer is the lambs used to redeem a ספק פטר חמור, following רב נחמן. The גמרא settles the disputed bathhouse with רב נחמן's rule that property you cannot win in court cannot be made הקדש. It squares that rule with רבי יוחנן by explaining that the bathhouse is land. Next, a ברייתא says that two people holding a garment each keep what is in their hands, and רב פפא explains that our משנה is about people holding only the fringes. From this רב משרשיא learns that grasping a 3x3 piece is enough for a קנין סודר, and רבא adds that gold on the garment is shared equally. Finally, a ברייתא about a lender and a borrower both holding a שטר leads to the debate over whether a note the borrower admits writing still needs confirming, and the amud ends by quoting the case of a note that fell into a judge's hands.

Opening lines

אֶלָּא מַאי אִית לָךְ לְמֵימַר,

Rather, what must you say?

עֲשִׂירִי וַדַּאי אָמַר רַחֲמָנָא

The Torah said a certain tenth

וְלֹא עֲשִׂירִי סָפֵק.

and not an uncertain tenth.

הָכָא נָמֵי:

Here too:

The steps (28)

  1. ResolutionThe exemption comes from the verse: a certain tenth, not a doubtful one
  2. QuestionWhich doubtful animals does the משנה mean? Not doubtful firstborns
  3. ResponseThe answer: lambs used to redeem doubtful firstborn donkeys
  4. QuestionWhat was decided about the bathhouse?
  5. ResponseResolved: property you cannot recover in court cannot be made holy
  6. ChallengeChallenge from רבי יוחנן's rule about stolen items
  7. ResolutionThe bathhouse is land, which stays in the owner's possession
  8. StatementA ברייתא on dividing a garment two people are holding
  9. Statementרבי אבהו adds that an oath is needed
  10. ChallengeHow does our משנה fit with the ברייתא?
  11. Resolutionרב פפא: they are holding only the fringes
  12. StatementHolding a 3x3 piece of the cloth counts as giving
  13. ChallengeChallenge from רב חסדא's case of a גט tied with a string
  14. ResolutionA גט needs a full cutting off; a קנין needs only giving
  15. Statementרבא: A gold-trimmed garment is also split
  16. ChallengeIsn't that obvious?
  17. ResolutionThe case is when the gold is in the middle
  18. ChallengeThat is also obvious
  19. ResolutionGold closer to one side is still shared equally
  20. StatementLender and borrower both holding a loan document: רבי's view
  21. Statementרבן שמעון בן גמליאל: They split
  22. StatementA note that fell into a judge's hands
  23. ChallengeDoes רבי let the lender collect everything?
  24. ResolutionEveryone agrees a confirmed note is split
  25. ResolutionWhy רבי requires the note to be confirmed
  26. ResolutionWhy רבי says an unconfirmed note is worthless
  27. ResolutionWhy רבן שמעון בן גמליאל says they split
  28. StatementQuoting the ברייתא's case of a note that fell to a judge