Search

Bava Batra 92

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

The Mishna rules that if one sold produce to another and the buyer planted it but nothing grew, the seller would have to compensate the buyer. Rabban Shimon ben Gamliel holds that this is only the case if the sale was for inedible seeds and it was thereby clear that the purpose of the purchase was for planting and not for eating.

If one buys an ox that can be sold for two different uses, either for plowing or for slaughtering, and the buyer doesn’t specify for which purpose, and after the sale it becomes clear that the ox is a gorer and cannot be kept alive, can the buyer claim that it is not usable for the purposes for which it was purchased (plowing) or not? Does it depend on the majority, i.e. if the majority of people use it for the purpose that the buyer claims, can we believe the buyer and cancel the sale? Or do we say “the burden of proof is on the one trying to get the money from the other” in which case, the buyer is stuck with the item unless the buyer can prove with what intent the item was purchased? Rav rules that the sale can be cancelled and Shmuel rules that it cannot. A difficulty is raised against Rav from a Mishna but is resolved. A Tosefta is brought to support Rav, but it is rejected.

Today’s daily daf tools:

Bava Batra 92

הַמּוֹכֵר פֵּירוֹת לַחֲבֵרוֹ, וּזְרָעָן וְלֹא צִמֵּחוּ; וַאֲפִילּוּ זֶרַע פִּשְׁתָּן – אֵינוֹ חַיָּיב בְּאַחְרָיוּתָן. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: זֵרְעוֹנֵי גִּינָּה שֶׁאֵינָן נֶאֱכָלִין, חַיָּיב בְּאַחְרָיוּתָן.

MISHNA: With regard to one who sells produce to another that is sometimes purchased for consumption and sometimes for planting, and the buyer planted it and it did not sprout, and even if he had sold flaxseeds, which are only occasionally eaten, the seller does not bear financial responsibility for them, i.e., he is not required to compensate the buyer. Since the buyer did not specify that he purchased the produce in order to plant it, the seller can claim that he assumed the buyer intended to eat it. Rabban Shimon ben Gamliel says: If he had sold seeds for garden plants, which are not eaten at all, then the seller bears financial responsibility for them, as they were certainly purchased for planting.

גְּמָ׳ אִיתְּמַר: הַמּוֹכֵר שׁוֹר לַחֲבֵירוֹ וְנִמְצָא נַגְחָן, רַב אָמַר: הֲרֵי זֶה מִקָּח טָעוּת; וּשְׁמוּאֵל אָמַר, יָכוֹל לוֹמַר לוֹ: לִשְׁחִיטָה מְכַרְתִּיו לָךְ.

GEMARA: An amoraic dispute was stated with regard to one who sells an ox to another and the ox is found to be one that habitually gores. Rav says: This is a mistaken transaction, since the buyer can claim that he bought the ox specifically for labor, and an ox that gores is not suitable for this function. Therefore, the seller must take back the ox and reimburse the buyer. And Shmuel says: The sale is not voided, as the seller can say to him: I sold it to you for slaughter, and the fact that it gores is immaterial.

וְלִיחְזֵי; אִי גַּבְרָא דְּזָבֵין לְנִכְסְתָא – לְנִכְסְתָא, אִי לְרִדְיָא – לְרִדְיָא! בְּגַבְרָא דְּזָבֵין לְהָכִי וּלְהָכִי.

The Gemara suggests: But let us see if the buyer is a man who generally purchases oxen for slaughter, in which case it can be presumed that he also purchased this ox for slaughter, or if he is a man who generally purchases oxen for plowing, in which case it can be presumed that he also purchased this ox for plowing. The Gemara answers: The dispute concerns a man who sometimes purchases oxen for this purpose and sometimes for that purpose, and so it is uncertain for which purpose he purchased this ox.

וְלִיחְזֵי דְּמֵי הֵיכִי נִינְהוּ!

The Gemara persists: But let us see the payment he made; how much was it? Since an ox fit for plowing costs more than one fit only for slaughter, the purpose for which the ox was purchased will be apparent from the price paid.

לָא צְרִיכָא; דְּאִיַּיקַּר בִּישְׂרָא, וְקָם בִּדְמֵי רִדְיָא. אִי הָכִי, לְמַאי נָפְקָא מִינַּהּ? נָפְקָא מִינַּהּ לְטִרְחָא.

The Gemara answers: No, it is necessary to discuss the case where the price of an ox to be slaughtered for its meat appreciated and reached the value of an ox for plowing. But if the price disparity is significant, there is no dispute. The Gemara asks: If so, for the sake of what practical difference did they discuss the case? Even if the ox was not suitable for the buyer’s purposes, he could sell it for the same price of the ox he needs. The Gemara answers: The practical difference is with regard to the effort of selling the ox in order to recover its value; who must go to the effort of doing so?

הֵיכִי דָּמֵי?

The Gemara clarifies: What are the circumstances of the case under discussion?

אִי דְּלֵיכָּא לְאִישְׁתַּלּוֹמֵי מִינֵּיהּ, לִיעַכַּב תּוֹרָא בְּזוּזֵיהּ! דְּאָמְרִי אִינָשֵׁי: מִן מָרֵי רְשׁוּתָיךְ – פָּארֵי אִפְּרַע!

If this is a case where the seller does not have sufficient funds for the buyer to be reimbursed by him, then let the buyer retain the ox itself in lieu of his money, as people say: If you wish to ensure that you will get paid, collect even bran, an inferior commodity, from one who is in your debt. Consequently, even according to the opinion of Rav, the buyer will be likely to retain the ox. What, then, is the practical difference between the opinions of Rav and Shmuel?

לָא צְרִיכָא, דְּאִיכָּא לְאִישְׁתַּלּוֹמֵי מִינֵּיהּ.

The Gemara answers: No, it is necessary to discuss the case where the seller does have sufficient funds for the buyer to be reimbursed by him.

רַב אָמַר: הֲרֵי זֶה מִקָּח טָעוּת – בָּתַר רוּבָּא אָזְלִינַן, וְרוּבָּא לְרִדְיָא זָבְנִי. וּשְׁמוּאֵל אָמַר לָךְ: כִּי אָזְלִינַן בָּתַר רוּבָּא – בְּאִיסּוּרָא, בְּמָמוֹנָא – לָא.

The Gemara explains the logic of each opinion: Rav says: This is a mistaken transaction, as in cases of uncertainty we follow the majority, and since the majority of people purchase oxen for plowing, it is presumed that this buyer also purchased the ox for plowing. Accordingly, since the ox he received was not suitable for plowing, the sale is void. And Shmuel could have said to you: When we follow the majority, that is only with regard to ritual matters, but with regard to monetary matters, such as this, we do not follow the majority. Accordingly, there is no basis for voiding the sale.

(סִימָן: אִשָּׁה, וְעֶבֶד, שׁוֹר, שְׁוָרִין, וּפֵירוֹת.)

The Gemara cites a mnemonic that indicates the topics of the cases it will reference to challenge either Rav’s or Shmuel’s opinion: Woman, and slave, ox, oxen, and produce.

מֵיתִיבִי: הָאִשָּׁה שֶׁנִּתְאַלְמְנָה אוֹ נִתְגָּרְשָׁה; וְהִיא אוֹמֶרֶת: בְּתוּלָה נִישֵּׂאתִי, וְהוּא אוֹמֵר: לֹא כִי, אֶלָּא אַלְמָנָה נְשָׂאתִיךְ – אִם יֵשׁ עֵדִים שֶׁיָּצְאָה בְּהִינוּמָא, וְרֹאשָׁהּ פָּרוּעַ – כְּתוּבָּתָהּ מָאתַיִם.

The Gemara raises an objection to Rav’s opinion from a mishna (Ketubot 15b): With regard to a woman who was widowed or divorced, and is in dispute with her husband or his heirs over the value of the payment she should receive for her marriage contract, and she says: When you married me I was a virgin, and so I am entitled to two hundred dinars, and he says: That is not the case; rather, when I married you, you were a widow, and so you are entitled to only one hundred dinars, then if there are witnesses that she went out of her father’s house to her wedding with a veil [hinnuma] or with the hair of her head loose, in the typical manner of virgin brides, that is considered sufficient evidence in support of her claim, and so the payment of her marriage contract is two hundred dinars.

טַעְמָא דְּאִיכָּא עֵדִים, הָא לֵיכָּא עֵדִים – לָא; וְאַמַּאי? לֵימָא: הַלֵּךְ אַחַר רוֹב הַנָּשִׁים, וְרוֹב נָשִׁים – בְּתוּלוֹת נִישָּׂאוֹת!

The Gemara infers: The reason that she receives two hundred dinars is that there are witnesses to her claim. Therefore, if there were no witnesses, her claim would not be successful. The Gemara asks: But why? Let us say that since there is an uncertainty, one should follow the majority of women, and since the majority of women marry as virgins, it should be presumed that this woman also married as a virgin. Accordingly she should be entitled to two hundred dinars. Since this is not the case, it is apparent that the majority is not followed in monetary matters.

אָמַר רָבִינָא, מִשּׁוּם דְּאִיכָּא לְמֵימַר: רוֹב נָשִׁים בְּתוּלוֹת נִישָּׂאוֹת, וּמִיעוּט אַלְמָנוֹת; וְכׇל הַנִּישֵּׂאת בְּתוּלָה – יֵשׁ לָהּ קוֹל; וְזוֹ, הוֹאִיל וְאֵין לָהּ קוֹל – אִיתְּרַע לֵהּ רוּבָּא.

Ravina said: In this case, one cannot decide the case based on the majority of women because there is room to say that it is so that the majority of women marry as virgins and only a minority marry as widows or non-virgins. But it is also so that there is an additional presumption: The marriage of anyone who marries as a virgin generates publicity of that fact. And with regard to this woman, who is in a dispute over the value of her marriage contract, because her marriage did not generate publicity of her marrying as a virgin, the ability to apply what is true of the majority of women to her case is undermined. Accordingly, there is no proof that the majority is not followed in monetary matters.

אִי כׇּל הַנִּישָּׂאוֹת בְּתוּלוֹת יֵשׁ לָהֶן קוֹל, כִּי אִיכָּא עֵדִים מַאי הָוֵי? מִדְּלֵית לַהּ קוֹל – סָהֲדִי שַׁקָּרֵי נִינְהוּ!

The Gemara questions this: If it is really true that the marriage of anyone who marries as a virgin generates publicity of that fact, then even when there are witnesses that she was a virgin bride, what of it? From the fact that her marriage did not generate publicity of her marrying as a virgin, perforce they are false witnesses.

אֶלָּא רוֹב הַנִּישָּׂאוֹת בְּתוּלוֹת יֵשׁ לָהֶן קוֹל, וְזוֹ, הוֹאִיל וְאֵין לָהּ קוֹל – אִיתְּרַע לֵהּ רוּבָּא.

Rather, one must modify the above argument to say that the majority of marriages of women who marry as virgins generate publicity of that fact, and with regard to this woman, since her marriage did not generate publicity of her having been married as a virgin, the ability to apply what is true of the majority of women to her case is undermined.

תָּא שְׁמַע: הַמּוֹכֵר עֶבֶד לַחֲבֵרוֹ וְנִמְצָא גַּנָּב אוֹ קוּבְיוּסְטוּס, הִגִּיעוֹ. לִסְטִים מְזוּיָּין אוֹ מוּכְתָּב לַמַּלְכוּת – אוֹמֵר לוֹ: הֲרֵי שֶׁלְּךָ לְפָנֶיךָ.

Come and hear a challenge to Shmuel’s opinion from a baraita: In the case of one who sells a slave to another, and the slave is found to be a thief or a gambler [kuvyustus], and the buyer does not wish to have such a slave, nevertheless it has come to him, i.e., the slave is acquired by the one who purchased him and the transaction is nonrefundable. By contrast, if the slave is found to be an armed bandit [listim] or has been judged and written to be executed by the government, then the buyer can return the slave to the seller and say to him: That which is yours is before you; return the money I paid for him, as the sale is void.

רֵישָׁא –

The Gemara explains the proof from the baraita: In the first clause of the baraita,

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives

linda kalish-marcus
linda kalish-marcus

Efrat, Israel

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I am a Reform rabbi and took Talmud courses in rabbinical school, but I knew there was so much more to learn. It felt inauthentic to serve as a rabbi without having read the entire Talmud, so when the opportunity arose to start Daf Yomi in 2020, I dove in! Thanks to Hadran, Daf Yomi has enriched my understanding of rabbinic Judaism and deepened my love of Jewish text & tradition. Todah rabbah!

Rabbi Nicki Greninger
Rabbi Nicki Greninger

California, United States

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Sarene Shanus

Mamaroneck, NY, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…

Miriam Eckstein-Koas
Miriam Eckstein-Koas

Huntington, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!

Shoshana Ruerup
Shoshana Ruerup

Berlin, Germany

I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

Martha Tarazi
Martha Tarazi

Panama, Panama

Bava Batra 92

הַמּוֹכֵר פֵּירוֹת לַחֲבֵרוֹ, וּזְרָעָן וְלֹא צִמֵּחוּ; וַאֲפִילּוּ זֶרַע פִּשְׁתָּן – אֵינוֹ חַיָּיב בְּאַחְרָיוּתָן. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: זֵרְעוֹנֵי גִּינָּה שֶׁאֵינָן נֶאֱכָלִין, חַיָּיב בְּאַחְרָיוּתָן.

MISHNA: With regard to one who sells produce to another that is sometimes purchased for consumption and sometimes for planting, and the buyer planted it and it did not sprout, and even if he had sold flaxseeds, which are only occasionally eaten, the seller does not bear financial responsibility for them, i.e., he is not required to compensate the buyer. Since the buyer did not specify that he purchased the produce in order to plant it, the seller can claim that he assumed the buyer intended to eat it. Rabban Shimon ben Gamliel says: If he had sold seeds for garden plants, which are not eaten at all, then the seller bears financial responsibility for them, as they were certainly purchased for planting.

גְּמָ׳ אִיתְּמַר: הַמּוֹכֵר שׁוֹר לַחֲבֵירוֹ וְנִמְצָא נַגְחָן, רַב אָמַר: הֲרֵי זֶה מִקָּח טָעוּת; וּשְׁמוּאֵל אָמַר, יָכוֹל לוֹמַר לוֹ: לִשְׁחִיטָה מְכַרְתִּיו לָךְ.

GEMARA: An amoraic dispute was stated with regard to one who sells an ox to another and the ox is found to be one that habitually gores. Rav says: This is a mistaken transaction, since the buyer can claim that he bought the ox specifically for labor, and an ox that gores is not suitable for this function. Therefore, the seller must take back the ox and reimburse the buyer. And Shmuel says: The sale is not voided, as the seller can say to him: I sold it to you for slaughter, and the fact that it gores is immaterial.

וְלִיחְזֵי; אִי גַּבְרָא דְּזָבֵין לְנִכְסְתָא – לְנִכְסְתָא, אִי לְרִדְיָא – לְרִדְיָא! בְּגַבְרָא דְּזָבֵין לְהָכִי וּלְהָכִי.

The Gemara suggests: But let us see if the buyer is a man who generally purchases oxen for slaughter, in which case it can be presumed that he also purchased this ox for slaughter, or if he is a man who generally purchases oxen for plowing, in which case it can be presumed that he also purchased this ox for plowing. The Gemara answers: The dispute concerns a man who sometimes purchases oxen for this purpose and sometimes for that purpose, and so it is uncertain for which purpose he purchased this ox.

וְלִיחְזֵי דְּמֵי הֵיכִי נִינְהוּ!

The Gemara persists: But let us see the payment he made; how much was it? Since an ox fit for plowing costs more than one fit only for slaughter, the purpose for which the ox was purchased will be apparent from the price paid.

לָא צְרִיכָא; דְּאִיַּיקַּר בִּישְׂרָא, וְקָם בִּדְמֵי רִדְיָא. אִי הָכִי, לְמַאי נָפְקָא מִינַּהּ? נָפְקָא מִינַּהּ לְטִרְחָא.

The Gemara answers: No, it is necessary to discuss the case where the price of an ox to be slaughtered for its meat appreciated and reached the value of an ox for plowing. But if the price disparity is significant, there is no dispute. The Gemara asks: If so, for the sake of what practical difference did they discuss the case? Even if the ox was not suitable for the buyer’s purposes, he could sell it for the same price of the ox he needs. The Gemara answers: The practical difference is with regard to the effort of selling the ox in order to recover its value; who must go to the effort of doing so?

הֵיכִי דָּמֵי?

The Gemara clarifies: What are the circumstances of the case under discussion?

אִי דְּלֵיכָּא לְאִישְׁתַּלּוֹמֵי מִינֵּיהּ, לִיעַכַּב תּוֹרָא בְּזוּזֵיהּ! דְּאָמְרִי אִינָשֵׁי: מִן מָרֵי רְשׁוּתָיךְ – פָּארֵי אִפְּרַע!

If this is a case where the seller does not have sufficient funds for the buyer to be reimbursed by him, then let the buyer retain the ox itself in lieu of his money, as people say: If you wish to ensure that you will get paid, collect even bran, an inferior commodity, from one who is in your debt. Consequently, even according to the opinion of Rav, the buyer will be likely to retain the ox. What, then, is the practical difference between the opinions of Rav and Shmuel?

לָא צְרִיכָא, דְּאִיכָּא לְאִישְׁתַּלּוֹמֵי מִינֵּיהּ.

The Gemara answers: No, it is necessary to discuss the case where the seller does have sufficient funds for the buyer to be reimbursed by him.

רַב אָמַר: הֲרֵי זֶה מִקָּח טָעוּת – בָּתַר רוּבָּא אָזְלִינַן, וְרוּבָּא לְרִדְיָא זָבְנִי. וּשְׁמוּאֵל אָמַר לָךְ: כִּי אָזְלִינַן בָּתַר רוּבָּא – בְּאִיסּוּרָא, בְּמָמוֹנָא – לָא.

The Gemara explains the logic of each opinion: Rav says: This is a mistaken transaction, as in cases of uncertainty we follow the majority, and since the majority of people purchase oxen for plowing, it is presumed that this buyer also purchased the ox for plowing. Accordingly, since the ox he received was not suitable for plowing, the sale is void. And Shmuel could have said to you: When we follow the majority, that is only with regard to ritual matters, but with regard to monetary matters, such as this, we do not follow the majority. Accordingly, there is no basis for voiding the sale.

(סִימָן: אִשָּׁה, וְעֶבֶד, שׁוֹר, שְׁוָרִין, וּפֵירוֹת.)

The Gemara cites a mnemonic that indicates the topics of the cases it will reference to challenge either Rav’s or Shmuel’s opinion: Woman, and slave, ox, oxen, and produce.

מֵיתִיבִי: הָאִשָּׁה שֶׁנִּתְאַלְמְנָה אוֹ נִתְגָּרְשָׁה; וְהִיא אוֹמֶרֶת: בְּתוּלָה נִישֵּׂאתִי, וְהוּא אוֹמֵר: לֹא כִי, אֶלָּא אַלְמָנָה נְשָׂאתִיךְ – אִם יֵשׁ עֵדִים שֶׁיָּצְאָה בְּהִינוּמָא, וְרֹאשָׁהּ פָּרוּעַ – כְּתוּבָּתָהּ מָאתַיִם.

The Gemara raises an objection to Rav’s opinion from a mishna (Ketubot 15b): With regard to a woman who was widowed or divorced, and is in dispute with her husband or his heirs over the value of the payment she should receive for her marriage contract, and she says: When you married me I was a virgin, and so I am entitled to two hundred dinars, and he says: That is not the case; rather, when I married you, you were a widow, and so you are entitled to only one hundred dinars, then if there are witnesses that she went out of her father’s house to her wedding with a veil [hinnuma] or with the hair of her head loose, in the typical manner of virgin brides, that is considered sufficient evidence in support of her claim, and so the payment of her marriage contract is two hundred dinars.

טַעְמָא דְּאִיכָּא עֵדִים, הָא לֵיכָּא עֵדִים – לָא; וְאַמַּאי? לֵימָא: הַלֵּךְ אַחַר רוֹב הַנָּשִׁים, וְרוֹב נָשִׁים – בְּתוּלוֹת נִישָּׂאוֹת!

The Gemara infers: The reason that she receives two hundred dinars is that there are witnesses to her claim. Therefore, if there were no witnesses, her claim would not be successful. The Gemara asks: But why? Let us say that since there is an uncertainty, one should follow the majority of women, and since the majority of women marry as virgins, it should be presumed that this woman also married as a virgin. Accordingly she should be entitled to two hundred dinars. Since this is not the case, it is apparent that the majority is not followed in monetary matters.

אָמַר רָבִינָא, מִשּׁוּם דְּאִיכָּא לְמֵימַר: רוֹב נָשִׁים בְּתוּלוֹת נִישָּׂאוֹת, וּמִיעוּט אַלְמָנוֹת; וְכׇל הַנִּישֵּׂאת בְּתוּלָה – יֵשׁ לָהּ קוֹל; וְזוֹ, הוֹאִיל וְאֵין לָהּ קוֹל – אִיתְּרַע לֵהּ רוּבָּא.

Ravina said: In this case, one cannot decide the case based on the majority of women because there is room to say that it is so that the majority of women marry as virgins and only a minority marry as widows or non-virgins. But it is also so that there is an additional presumption: The marriage of anyone who marries as a virgin generates publicity of that fact. And with regard to this woman, who is in a dispute over the value of her marriage contract, because her marriage did not generate publicity of her marrying as a virgin, the ability to apply what is true of the majority of women to her case is undermined. Accordingly, there is no proof that the majority is not followed in monetary matters.

אִי כׇּל הַנִּישָּׂאוֹת בְּתוּלוֹת יֵשׁ לָהֶן קוֹל, כִּי אִיכָּא עֵדִים מַאי הָוֵי? מִדְּלֵית לַהּ קוֹל – סָהֲדִי שַׁקָּרֵי נִינְהוּ!

The Gemara questions this: If it is really true that the marriage of anyone who marries as a virgin generates publicity of that fact, then even when there are witnesses that she was a virgin bride, what of it? From the fact that her marriage did not generate publicity of her marrying as a virgin, perforce they are false witnesses.

אֶלָּא רוֹב הַנִּישָּׂאוֹת בְּתוּלוֹת יֵשׁ לָהֶן קוֹל, וְזוֹ, הוֹאִיל וְאֵין לָהּ קוֹל – אִיתְּרַע לֵהּ רוּבָּא.

Rather, one must modify the above argument to say that the majority of marriages of women who marry as virgins generate publicity of that fact, and with regard to this woman, since her marriage did not generate publicity of her having been married as a virgin, the ability to apply what is true of the majority of women to her case is undermined.

תָּא שְׁמַע: הַמּוֹכֵר עֶבֶד לַחֲבֵרוֹ וְנִמְצָא גַּנָּב אוֹ קוּבְיוּסְטוּס, הִגִּיעוֹ. לִסְטִים מְזוּיָּין אוֹ מוּכְתָּב לַמַּלְכוּת – אוֹמֵר לוֹ: הֲרֵי שֶׁלְּךָ לְפָנֶיךָ.

Come and hear a challenge to Shmuel’s opinion from a baraita: In the case of one who sells a slave to another, and the slave is found to be a thief or a gambler [kuvyustus], and the buyer does not wish to have such a slave, nevertheless it has come to him, i.e., the slave is acquired by the one who purchased him and the transaction is nonrefundable. By contrast, if the slave is found to be an armed bandit [listim] or has been judged and written to be executed by the government, then the buyer can return the slave to the seller and say to him: That which is yours is before you; return the money I paid for him, as the sale is void.

רֵישָׁא –

The Gemara explains the proof from the baraita: In the first clause of the baraita,

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete