Bava Batra (also Baba Batra;
Talmudic Aramaic
Jewish Babylonian Aramaic was the form of Middle Aramaic employed by writers in Lower Mesopotamia between the fourth and eleventh centuries. It is most commonly identified with the language of the Babylonian Talmud (which was completed in the ...
: בָּבָא בַּתְרָא "The Last Gate") is the third of the three Talmudic tractates in the
Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
in the order
Nezikin
''Nezikin'' ( he, נזיקין ''Neziqin'', "Damages") or ''Seder Nezikin'' (, "The Order of Damages") is the fourth Order of the Mishna (also the Tosefta and Talmud). It deals largely with Jewish criminal and civil law and the Jewish court s ...
; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's
oral law
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted.
M ...
. Originally it, together with
Bava Kamma
Bava Kamma ( tmr, בָּבָא קַמָּא, translit=Bāḇā Qammā, translation=The First Gate) is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The o ...
and
Bava Metzia
Bava Metzia (Talmudic Aramaic: בָּבָא מְצִיעָא, "The Middle Gate") is the second of the first three Talmudic tractates in the order of Nezikin ("Damages"), the other two being Bava Kamma and Bava Batra. Originally all three formed ...
, formed a single tractate called ''Nezikin'' (torts or damages).
Unlike Bava Kamma and Bava Metzia, this tractate is not the exposition of a certain passage in the
Torah
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
.
Mishnah
The Mishnah is divided into ten chapters, as follows:
* Regulations relating to jointly owned property (chapter 1)
* Responsibilities of a property owner towards his neighbor (chapter 2)
* Established rights of ownership and rights connected with property (chapter 3)
* Laws referring to the acquisition of property by purchase, as also what constitutes an unclean vessel when purchased from a Gentile (chapters 4-7)
* Laws of inheritance (chapters 8-9)
* Laws concerning documents (chapter 10).
Joint ownership
Chapter 1: Joint owners of property may dissolve a partnership and divide the property, if the parties consent, except in the case regarding a volume of the Bible, which may not be divided (literally, torn in half) under any circumstances. Things which lose their value on division can only be divided if all the owners consent. Except in these cases, either party has a right to insist on a division of the property. In the case where a courtyard (''hatzer'') is owned by several partners, each of them has to contribute to the usual requirements of a court; if they divide it, a partition wall or fence must be erected in accordance with certain rules. The previous partners are now neighbors; and their relations are described in chapter 2.
A courtyard less than 8 ''
amot
Angiomotin (AMOT) is a protein that in humans is encoded by the ''AMOT'' gene. It belongs to the motin family of angiostatin binding proteins, which includes angiomotin, angiomotin-like 1 ( AMOTL1) and angiomotin-like 2 ( AMOTL2) characterized by ...
'' (approx. 18 inches x 8 = 144 inches) can only be divided if both partners agree to the division. Depending on how the Mishnah is read, this division is either with a low row of wooden pegs (which shows that visual trespass is not damaging) or a four ''amot'' (approx. 72 inches) high stone wall (which shows that visual trespass is considered damaging). If both partners agree to the stone wall, it is built in the middle. The lesson taught here is that if one partner owns more property, he does not need to contribute more space for the stones of the wall.
Nuisance
Chapter 2: The fundamental rule about neighboring property is that the owner of the adjoining property must avoid everything that might prove a nuisance to the neighbor, or become a source of injury to the neighbor's property. "The noise of a smith's hammer, of a mill, or of children in school, is not to be considered a nuisance" (2:3). Disputes as regards to injury or nuisance are generally settled by the fact of prior or established rights (
Chazakah
In Jewish law, a chazakah (Hebrew חזקה, "presumption") is a legal presumption; it establishes burden of proof. There exist many such presumptions, for example regarding the ownership of property, a person's personal status (e.g. whether t ...
).
Chazakah
Chapter 3:
Chazakah
In Jewish law, a chazakah (Hebrew חזקה, "presumption") is a legal presumption; it establishes burden of proof. There exist many such presumptions, for example regarding the ownership of property, a person's personal status (e.g. whether t ...
(presumptive right, possession ''de facto'') is proved by the undisturbed exercise of such a right during a certain period (three years), such as the
usucaption
Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property.
Usucaption is a method by which ownership of property (i.e. title to the property) c ...
of property, in spite of the presence of the rival claimant in the same "land." In this respect
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
was divided into three "lands" or districts (3: 2):
Judah,
Galilee, and
Perea
Perea or Peraea (Greek: Περαία, " the country beyond") was the portion of the kingdom of Herod the Great occupying the eastern side of the Jordan River valley, from about one third the way down the Jordan River segment connecting the Sea ...
.
Acquisition of property
In the transfer of a house, a court, a winepress, a bath, a township, or a field, much depends on the meaning of these terms, which are fully defined in chapter 4. For example: "He that sells an
olive press
Olive oil extraction is the process of extracting the oil present in olive drupes, known as olive oil. Olive oil is produced in the mesocarp cells, and stored in a particular type of vacuole called a lipo vacuole, i.e., every cell conta ...
has ''
ipso facto
is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. It is a ...
'' sold therewith the lower millstone ( he, ים) and the upper grinding-stone ( he, ממל), etc." In the Mishnah similar definitions are given of a boat, a cart, a yoke of oxen, and the like (5:1-5). In selling the produce of the field care must be taken that there be no deviation from the conditions of the sale as regards quality and quantity, lest the sale be declared invalid (''mekach ta'ut'', 5:6-6:3). Various problems resulting from the sale of property, of a house, or of a piece of land are discussed in the Mishnah (6:4-7); among them the sale of land for a burial ground for a family, or the undertaking by a workman to prepare it (6:8). The burial-place is described as follows: "A cave hewn out in a rock 4 cubits broad and 6 cubits long (or, according to R. Simeon, 6 by 8 cubits); along the length of the cave on each side there are three graves of 4 cubits long, 1 cubit broad, and 7 handbreadths ('ṭefaḥim') high; and 2 such graves in the back of the cave. In front of the cave was the court ('hatzer') 6 by 6 cubits, so as to afford sufficient room for the bier and the persons attending the burial."
Laws of inheritance
The laws of inheritance are based on , as interpreted by tradition. Among these is the rule that the husband inherits the property of his deceased wife, her claim in case of the husband's death being settled in the
ketubah
A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...
. Another rule gives to the first-born son a double share of his deceased father's property. Thus the
daughters of Zelophehad
The Daughters of Zelophehad ( he, בְּנוֹת צְלָפְחָד ''Bənōṯ Ṣəlāfəḥāḏ'') were five sisters – Mahlah (מַחְלָה ''Maḥlā''), Noa (נֹעָה ''Nōʿā''), Hoglah (חָגְלָה ''Ḥoglā''), Milcah (מִל ...
are said to have claimed, as their father's property, three shares of the Holy Land (which is assumed to have been divided among the 600,000 men brought out of Egypt); namely, the share of Zelophehad and, as a first-born son of Hefer, a double share of the property of his deceased father (8:3). These laws do not interfere with the right of a man to donate his property according to his pleasure (8:5).
Complicated cases are dealt with in chapter 9; such as the simultaneous claims of the heirs, the wife, and the creditors of the deceased; or the conflicting claims of the heirs of the husband and of those of the wife, where the husband and wife are found dead at the same time; the heirs of the former contending that she died first, and that by her death her property became the property of the husband; while the other party contends that he died first, and that the wife's heirs inherit her property.
Regulations about documents
As legal documents are of great importance in the problems dealt with in the three Babas, chapter 10 contains regulations concerning the writing of such documents. Of these one peculiarity may be mentioned; namely, the difference between ''get pashut'', a simple, unfolded document, and ''get mekushar'', a folded document. The latter was prepared in the following way: When a line or two had been written the parchment was folded and one witness signed on the back of the document; this operation was repeated as many times as the parties concerned liked. This method, requiring a longer time for the execution of the document, is said to have been originally introduced for the writing of a letter of divorce in the case of hasty and passionate husbands (especially priests who were prevented by law from remarrying their divorced wives), to give them time to calm down.
[Bava Batra 160b] The massekta of the three Babas closes with a general remark on the educational value of the study of civil law.
Gemara
The
Babylonian Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cent ...
on Bava Batra consists of 176 folios (double-sided pages), making it the longest tractate of the Talmud.
The two Gemaras discuss and explain the laws of the Mishnah and add many fresh problems, especially the Babylonian Gemara. The Jerusalem Gemara is very short, and contains little new matter. The following passages in the Babylonian are notable:
* Page 3b: One synagogue must not be pulled down before another is built.
Herod, by virtue of his authority as king, ignored the rule, and pulled down the Temple before the new one was built. The story of Herod and Mariamne and a narrative of other incidents of Herod's reign are attached.
* 7b: Every member of the community is compelled to contribute his share toward the building of gates, walls, etc., of his place.
* 10a:
Turnus Rufus
Quintus Tineius Rufus, also known as Turnus Rufus the Evil (Hebrew: ''Ṭūrnūsrūfūs hāRāšā‘'', sometimes spelled ''Ṭōrānūsrūfūs'') in Jewish sources (c. 90 AD – after 131 AD) was a Roman senate, senator and provincial gover ...
asked
Rabbi Akiva
Akiva ben Yosef (Mishnaic Hebrew: ''ʿĂqīvāʾ ben Yōsēf''; – 28 September 135 CE), also known as Rabbi Akiva (), was a leading Jewish scholar and sage, a '' tanna'' of the latter part of the first century and the beginning of the second c ...
, "If your God is a friend of the poor, why does He not give them sufficient to live upon comfortably?" To which Akiva responded, "That we may have opportunity for good actions." There are ten powerful things; and these are overcome by stronger things: a mountain by iron; iron by fire; fire by water; water is borne by the clouds; these are dispersed by the wind; the wind is borne by the human body; the latter is broken down by fear; fear is expelled by wine; wine is overcome by sleep; death is harder than all these, and yet "charity" (''tzedakah'') saves from death.
* 14b: The order of the
Nevi'im
Nevi'im (; he, נְבִיאִים ''Nəvīʾīm'', Tiberian: ''Năḇīʾīm,'' "Prophets", literally "spokespersons") is the second major division of the Hebrew Bible (the '' Tanakh''), lying between the Torah (instruction) and Ketuvim ( ...
is: Joshua, Judges, Samuel, Kings, Jeremiah, Ezekiel, Isaiah, and the twelve minor Prophets. Kings is followed by Jeremiah because Kings ends with the Exile, and Jeremiah deals with the same subject; Ezekiel precedes Isaiah, because the former ends with the rebuilding of the Temple, and Isaiah's prophecies throughout contain comforting hopes and promises. The order of the
Ketuvim
The Ketuvim (; hbo, , Modern: ''Kəṯūvīm'', Tiberian: ''Kăṯūḇīm'' "writings") is the third and final section of the Tanakh (Hebrew Bible), after Torah (instruction) and Nevi'im (prophets). In English translations of the Hebrew Bi ...
is Ruth, Psalms, Job, Proverbs, Ecclesiastes, Song of Songs, Lamentations, Daniel, Esther, Ezra (including Nehemiah), and Chronicles. Moses wrote his book, including the section about Balaam, and Job. Joshua wrote his book and the last eight verses of the Pentateuch.
* 21a: At first every father had to teach his children. A large school was then opened in Jerusalem; and after that schools were established in every community. At first they were attended only by youths of sixteen or seventeen years; but Joshua b. Gamla introduced the custom that children of six or seven years should attend the schools: interesting regulations are added concerning the location of public schools, the number of pupils for each class, and the like.
* 58b: The elders of the Jews say, "A judge who has to be summoned to the court, and ordered by the court to pay his debt, is unfit to act as judge."
* 73b et seq.: The wondrous tales of
Rabbah bar bar Hana
Rabbah bar bar Hana (רבה בר בר חנה) was a Jewish Talmudist who lived in Babylonia, known as an Amora of the second generation.
Biography
He was the grandson of Hana and the brother of Hiyya. He went to Palestine and became a pupil of R ...
.
* 74b: Legends about Leviathan, and about the wonderful changes in the days of Messiah.
* 121a: Connection of the celebration of
Tu B'Av
Tu B'Av () is a minor Jewish holiday. In modern-day Israel, it is celebrated as a holiday of love ( ). It has been said to be an auspicious day for weddings.
Historical significance
According to the Mishna, Tu B'Av was a joyous holiday in the day ...
with the reconciliation between the Benjamites and the rest of the Israelites.
The Gemaras also contain the following interesting homiletic interpretation of Biblical passages:
* Zephaniah 2:1: "Hitkosheshu vakoshu" ("Gather yourselves together, yea, gather together"). "Kashet atzmecha, ve-achar kach kashet acherim" ("Improve thyself first, and then improve others") (60b).
* Numbers 21:27 ("Wherefore they that speak in proverbs say, 'Come ye to Heshbon'") - "Thus shall they that control themselves say, 'Come, let us reckon and compare the material loss caused by a good act with the reward, and the gain obtained through sinning, with the punishment; then thou wilt be built up and firmly established'" (78b, a play on "mashal," which also means "to rule," and on "Heshbon" = "reckoning").
* Proverbs 15:15: "All the days of the poor are troublesome"—this applies to the students of Gemara, "but he who is of a cheerful heart hath a continual feast"—this applies to the students of the Mishnah (145b).
Commentaries
The commentary of
Rashi
Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
on the Babylonian Talmud Baba Batra ends at the beginning of chapter 3; its place is taken by that of his grandson,
Rashbam
Samuel ben Meir (Troyes, c. 1085 – c. 1158), after his death known as "Rashbam", a Hebrew acronym for RAbbi SHmuel Ben Meir, was a leading French Tosafist and grandson of Shlomo Yitzhaki, "Rashi".
Biography
He was born in the vicinity of Tro ...
, from chapter 3 to the end of the tractate.
References
Its Bibliography: ''Ḥiddushe Geonim'' on
Baba Ḳamma and
B. Meẓi'a,
Salonica
Thessaloniki (; el, Θεσσαλονίκη, , also known as Thessalonica (), Saloniki, or Salonica (), is the second-largest city in Greece, with over one million inhabitants in its metropolitan area, and the capital of the geographic region of ...
, 1728; ''Ḥiddushe R.
Solomon b. Adret'' on Baba Ḳamma,
Berlin
Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
, 1756;
Bezalel Ashkenazi
Bezalel ben Abraham Ashkenazi ( he, בצלאל בן אברהם אשכנזי) ( 1520 – 1592) was a rabbi and talmudist who lived in Ottoman Israel during the 16th century. He is best known as the author of ''Shitah Mekubetzet'', a commentary on ...
, ''Shiṭṭah Meḳubbeẓet'' on Baba Ḳamma, Baba Meẓi'a, and Baba Batra;
Naḥmanides
Moses ben Nachman ( he, מֹשֶׁה בֶּן־נָחְמָן ''Mōše ben-Nāḥmān'', "Moses son of Nachman"; 1194–1270), commonly known as Nachmanides (; el, Ναχμανίδης ''Nakhmanídēs''), and also referred to by the acronym Ra ...
(Ramban), Baba Batra;
Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Tora ...
, ''
Mishneh Torah
The ''Mishneh Torah'' ( he, מִשְׁנֵה תּוֹרָה, , repetition of the Torah), also known as ''Sefer Yad ha-Hazaka'' ( he, ספר יד החזקה, , book of the strong hand, label=none), is a code of Rabbinic Jewish religious law ('' ...
'', books xi., xii., xiii.;
Jacob ben Asher
Jacob ben Asher (c. 1269 - c. 1343), also known as Ba'al ha-Turim as well as Rabbi Yaakov ben Raash (Rabbeinu Asher), was an influential Medieval rabbinic authority. He is often referred to as the Ba'al ha-Turim ("Master of the Columns"), after ...
i, ''
Ṭur Ḥoshen Mishpaṭ'', p. cxxxv. to end; Moses Benjamin, ''Ma'aseh Rab'', on The Tales of
Rabbah bar Ḥanah; E. Guttmacher, ''Ẓaphenath Pa'aneaḥ'', on the same.
External links
Mishnah Bava Batra text in Hebrew Full Hebrew and English text of the Mishnah for tractate Bava Batraon
SefariaFull Hebrew and English text of the Talmud Bavli for tractate Bava Batraon
SefariaFull Hebrew text of the Talmud Yerushalmi for tractate Bava Batraon
SefariaFull Hebrew text of the Tosefta for tractate Bava Batraon
Sefaria
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