Gittin 14a

גיטין י״ד ע״א

Learn Gittin 14a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Gittin 14a in Gemara Clarity

Topic

מעמד שלשתן as a rule without a stated reason, its limits, and the רב–שמואל dispute about sending money through a messenger (הולך)

Overview

The amud opens by finishing an explanation for why a debt can be handed to a new creditor when all three people are present (מעמד שלשתן): the borrower gains from switching lenders, so he commits himself to the new one. That explanation falls apart with harsh creditors like the house of בר אלישיב, so מר זוטרא instead lists מעמד שלשתן among three rules the רבנן made like הלכה without a stated reason. Stories about רב's saffron show that such a transfer cannot be taken back, and that it works even for a small gift. In the story of the gardeners, רב נחמן first holds a gardener to his promise. After רבא's objection he agrees that a קנין made by mistake is undone. Next, רב and שמואל argue about someone who tells a messenger, "Bring a מנה to so-and-so, which I owe him": both say the sender is still responsible for loss, but they disagree about whether he can take the money back. The גמרא traces their argument to מיגו and brings a ברייתא supporting רב, which רבי זירא explains for the case of a deposit. The amud ends with a story about רב ששת's cloak money and begins another about רבי אחי's silver vessel, which continues on the next amud.

Opening lines

The steps (25)

1. StatementThe borrower commits himself because of the benefit he gets
2. ChallengeWhat about creditors who give no extra time?
3. ChallengeThen the rule would depend on circumstances
4. Resolutionמר זוטרא: three rules made like הלכה without a reason
5. StatementSecond rule: writing all property to one's wife makes her only a manager
6. StatementThird rule: the eldest son married in the house acquires it
7. Statementרב hands over his saffron in the third person's presence
8. ChallengeDoes this mean that without saying it he could retract?
9. Resolutionרב was explaining the rule, not adding a condition
10. Challengeרב already taught this with the מנה case
11. ResolutionThe saffron case teaches that small gifts also need all three present
12. StatementThe gardeners settle accounts
13. StatementThe gardener finds he owes nothing, and רב נחמן says the deal stands
14. Challengeרבא objects: the gardener says the money was never his
15. Conclusionרב נחמן agrees: a mistaken קנין is undone
16. Statementרב and שמואל argue about sending a debt through a messenger
17. QuestionMaybe they disagree whether 'bring' is like 'acquire'
18. RejectionNo, they disagree about using a מיגו
19. ProofA ברייתא that supports רב
20. ChallengeWith a deposit, the owner didn't want it handed to someone else
21. Resolutionרבי זירא: the sender is known as a denier
22. Statementרב ששת sends רב יוסף בר חמא to collect his cloak money
23. Statementרב ששת praises רב יוסף for not taking on responsibility
24. StatementAnother version: the merchants are the borrowers
25. StatementA new story begins: רבי אחי's silver vessel in נהרדעא