Bava batra (mixed natractic)
Bava batra ( Hebrew בבא בתרא 'The back gate' ) is the third Mishnah tract in the order Nesiqin סֵדֶר נְזִיקִין (injuries) . He has a Tosefta and a Gemara in both Talmudim .
The three Bavot
The name Bava batra comes from Aramaic and literally means last / back gate or gate. In a figurative sense, Bava also refers to a section of a literary work. The name indicates that Bava batra together with Bava qama ( Eng . "The first gate") and Bava metzia ( Eng . "The middle gate") once formed a treatise. In the Eretz-Jisra'elischen manuscript tradition the complete treatise as well as the fourth order bears the name Nesiqin and is not divided. Only in Cambridge handwriting does the subheading Hebrew follow before Chapter 21 of the treatise באבא בתרא. The division into three "gates" probably comes from the Babylonian tradition and is for purely practical reasons. Content-related references exist beyond today's treatise boundaries in the two front bavot.
content
Chapter 1 is a continuation of the previous treatise Baba metzia and regulates questions of partnership in real estate. The following chapter essentially deals with questions of building law with regard to the neighborhood: What minimum distances must be observed for certain building purposes or facilities such as dovecotes? Similar questions are also taken up in Chapter 3, but before that there is a clarification of the legal validity and permanence of seizures.
Finally, chapters 4 and 5 clarify what each acquisition includes, i. H. whether, for example, the movables are included when purchasing a property. Chapter 6 then clarifies guarantees and liability obligations and further claims associated with a change of ownership. The last Mishnajot paid particular attention to the right of way when selling land. This gives us the thematic keyword for Chapter 7: How are properties measured?
The final three chapters first deal with the interpretation of the biblical inheritance law based on Numbers 27, then the contract law with regard to engagements and marriages, as well as bonds and the preparation of documents in general.
The treatise ends with a wisdom lesson:
"Rabbi Ishmael said:" Anyone who wants to become wise should deal with questions of financial law, since there is no greater subject area than this in the Torah, because they are like a bubbling fountain. And if you want to deal with questions of financial law, do an apprenticeship with Shim'on ben Nannos. " "
Apart from this episode at the end, the tract does not contain any agadic material, which is found in abundance in the Tosefta.
literature
- Michael Krupp (ed.): The Mishnah: Baba Batra (Last Gate). Jerusalem 2006. ISBN 965-7221-33-1
- Walter Windfuhr: Baba batra ("last gate" of civil law). Giessen 1925.
See also
Web links
Remarks
- ↑ The irony is that the halacha is based on Rabbi Ishma'el and not on Rabbi Shim'on ben Nannos.