Bava Metzia 35A

Study Bava Metzia folio 35A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

the statement of Rav Huna is so, once the creditor takes an oath that the collateral is not in his possession, how can he produce it thereafter? Rava said: The Mishnah is referring to a case where there are witnesses that the collateral was burned. Therefore, the creditor need not take an oath tha

The Talmud asks: If so, the question remains: Why is the obligation to take the oath transferred from the debtor to the creditor? There is no concern that the creditor will produce the collateral. From where will he bring it if it was burned? Rather, Rav Yosef said: The Mishnah is referring to a c

The Talmud asks: If so, in a case where the creditor takes an oath as well, let the debtor exert himself and bring the collateral, thereby proving that the creditor took a false oath. The Talmud answers: This is unlikely. Granted, there is concern that the creditor will recover the stolen collater

Abaye says: Although the creditor takes an oath that the collateral is not in his possession, the obligation to take an oath for partial admission is transferred from the debtor to the creditor, as the rabbis issued a decree lest the debtor take the oath for his partial admission and the creditor c

Rav Huna bar Taḥlifa said in the name of Rava: The first part of the latter clause of the Mishnah is a conclusive refutation of the opinion of Rav Huna, who said that the creditor is obligated to take an oath that the collateral is not in his possession. In that clause, the debtor said: You loaned