Bava Batra 137A

Study Bava Batra folio 137A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

The Talmud answers: The halakha in this case is a dispute between tanna’im; as it is taught in a baraita: With regard to one who said: My property is given to you, and after you, to so-and-so, and the first recipient entered the property and sold it and consumed the profits, the second recipient rep

And the Talmud raises a contradiction from another baraita (Tosefta 8:4): If one says: My property is given to you, and after you, to so-and-so, the first one may enter the property and sell it and consume the profits; this is the statement of R' Yehuda HaNasi. Rabban Shimon ben Gamliel says: The fi

This statement of R' Yehuda HaNasi is difficult as it is contradicted by the other statement of R' Yehuda HaNasi, and this statement of Rabban Shimon ben Gamliel is difficult as it is contradicted by the other statement of Rabban Shimon ben Gamliel. Their opinions in the latter baraita seem to be t

The Talmud answers: The apparent contradiction between one statement of R' Yehuda HaNasi and the other statement of R' Yehuda HaNasi is not difficult; this ruling that the first one cannot sell it is referring to the property itself, and that ruling that he can sell it is referring to the produce.

Abaye says: Who is a cunning wicked person? This is one who provides advice to sell property in accordance with the ruling of Rabban Shimon ben Gamliel. Although Rabban Shimon ben Gamliel holds that the sale is valid, he does not permit one to do so ab initio, as that would deprive the second desig