POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 45
BAVA BASRA 44-55 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for the Torah and for those who study it.
1) RESPONSIBILITY OF A SELLER FOR WHAT HE SOLD
(a) (Ravin bar Shmuel): If Reuven sold his field without
Achrayus, he cannot testify about it, since this can
enable his creditor to collect it.
2) A CRAFTSMAN HAS NO CHAZAKAH
(b) Question: What is the case?
1. If Reuven has other land, the creditor must collect
from it, not from sold property!
(c) Answer: Rather, Reuven has no other land, he wants the
creditor to collect, lest Reuven be considered "Loveh
Rasha v'Lo Yeshalem".
2. If Reuven has no other land, it makes no difference
to him whether or not the creditor collects from the
sold land, in any case the creditor has nothing to
take from Reuven himself!
(d) Question: Even if the creditor collects, Reuven will be
like one who borrowed (from the buyer) and does not pay!
(e) Answer: No, he sold it without Achrayus to evade having
any liability to compensate the buyer.
(f) (Rava): Shimon bought Levi's donkey, and a Nochri seized
it, Levi must take the Nochri to Beis Din to restore it
to Shimon (Rashbam; Tosfos - he must compensate Shimon
for his loss), so he will not be considered a borrower
that does not repay.
1. This is only if Shimon does not know if the Nochri
really owned it, but if he admits that Levi owned
the donkey, Levi is exempt.
(g) (Ameimar): In every case, Levi is exempt;
2. This is only if the Nochri took the donkey without
the saddle (this shows that he is not stealing,
rather he truly owns it), but if he also took the
saddle, (we assume he is just stealing) Levi is
1. Nochrim are established robbers - "Asher Pihem...."
(a) (Mishnah): A craftsman does not get a Chazakah...
(b) (Rabah): This is only if witnesses saw the owner (Reuven)
give Shimon (the craftsman) the vessel;
1. If not, Migo that Shimon would be believed if he
denied ever receiving it, he is believed to say that
he bought it.
(c) Question (Abaye): If so, even if witnesses saw him give
it, Migo that Shimon could say that he returned it, he
can say that he bought it!
(d) Answer (Rabah): You think that one who accepts a deposit
in front of witnesses need not return it with witnesses,
but this is not so, rather he must return it in front of
(e) Question (Abaye - Beraisa): Levi saw his slave by a
craftsman (that teaches his trade), or his garment by a
launderer; the latter (Yehudah) claims that he bought or
received it (or him) as a gift - he is not believed;
1. If he claims that he saw Levi tell him to sell or
give it (or him), he is believed. (We immediately
explain this clause, even though the question
against Rabah is from the first clause.)
(f) Answer (Rabah): Rather, Levi gave it to Yehudah in front
of witnesses, and still, Yehudah is liable only if Levi
sees it by him.
2. Question: What is the difference between the
3. Answer (Rabah): In the second clause, Ploni (a third
party) has the garment or slave, he claims 'I saw
Levi tell Yehudah to sell or give it (or him) to
i. Migo that Ploni would be believed to say that
he bought it from Levi, he is believed to say
that Levi told Yehudah to sell it to him.
4. (The question against Rabah): The first clause
teaches that when Levi sees his property by Yehudah,
Yehudah is not believed;
5. Question: What is the case?
i. If witnesses saw Levi give it to Yehudah, even
if Levi does not see it by him, Yehudah is
liable (according to Rabah, the deposit must be
returned in front of witnesses)!
6. Answer: Rather, he did not give it in front of
witnesses, and the Beraisa says that when Levi sees
it by Yehudah, Yehudah is not believed!
(g) Abaye: But you yourself said that a deposit given in
front of witnesses must be returned in front of
(h) Rabah: I retracted from that teaching.
(i) Question (against Abaye, and a support for Rabah - Rava -
Beraisa): Reuven gave his garment to Shimon (a
craftsman). Shimon says 'You hired me for two', Reuven
says 'I hired you for one': if Shimon has the garment,
Reuven must bring proof (or pay two);
1. If he returned the garment to Reuven: if it is
within the time to claim his wages, Shimon swears
that he was not paid and collects;
(j) Answer: Really, he did not give it in front of witnesses;
Reuven did not see his garment by Shimon, therefore
Shimon is believed.
2. If it is after the time to claim his wages, Shimon
must bring proof in order to collect.
3. Question: What is the case?
i. If he gave the garment in front of witnesses,
we ask the witnesses what the wage was!
4. Answer: Rather, he did not give it in front of
witnesses, and the craftsman is believed;
i. Migo he is believed to say that he bought it,
he is believed that he was hired for two.