Bava Batra בבא בתרא

Tractate Bava Batra was originally part of a large tractate called Nezikin, meaning damages, which was composed of what are now the first three tractates in the Order of Nezikin. Bava Batra was the third and last section of the super-tractate; from this placement it derived its name, which means the last gate. The first two parts of the original tractate Nezikin were tractate Bava Kamma, meaning the first gate, and tractate Bava Metzia, the middle gate. Each of these three parts has its own central topic.

Bava Batra differs from Bava Kamma and Bava Metzia in two major ways. These first two parts examine halakhot that at least in part relate to prohibitions, whereas Bava Batra is primarily occupied with civil law, including the halakhot of contracts, property, and estates. Furthermore, much of what is recorded in Bava Kamma and Bava Metzia is based on biblical verses and their rabbinic interpretations, whereas the halakhot discussed in Bava Batra are mostly rabbinic ordinances based on the Sages' understanding of human nature, societal conventions, and the need to establish limits and guidelines to regulate business relationships.

The regulations established by the Sages are, of course, based on the fundamental principles underlying monetary law: The prohibition against taking what belongs to another person: “You shall not steal” (Leviticus 19:11), “You shall not defraud your neighbor, neither rob him” (Leviticus 19:13); the prohibition against deceiving one's neighbor or causing him any type of pain: “You shall not deal falsely, neither lie one to another” (Leviticus 19:11), “You shall not exploit one another” (Leviticus 25:17); and the principles that guide all of the Sages' enactments: “And you shall do that which is right and good in the sight of the Lord” (Deuteronomy 6:18), “You shall put the evil away from the midst of you” (Deuteronomy 13:6). By themselves, these principles do not create a basis for organizing economic and social life. The Sages, therefore, instituted a system of rules, on the basis of which the practical solutions to real-life problems can be established.

Since this tractate deals primarily with monetary law and monetary relationships, the principles governing these issues differ in their very essence from those governing ritual matters, or the halakhot and judgments of the Torah in general. One of the central components is the enormous authority granted to courts to ordain laws and enactments. By power of the principle that property declared ownerless by a court is ownerless, a court is authorized to declare one's property ownerless or grant it to another person. Therefore, whatever is done by power of the court, and in great measure also that which is done by the community's leaders, has the force of halakha, even when not explicitly stated in the Torah.

Another difference between Jewish monetary law and Jewish ritual law follows from the fact that one may give away his money or waive rights granted to him by halakha. For this reason, many of the laws and enactments in this tractate are directives for deciding the halakha when no agreement has been reached between the parties. But when the parties are prepared to reach an agreement, they can decide monetary matters between them as they see fit.

Tractate Bava Batra addresses four principal issues: Relations between neighbors, the halakhot of presumption of ownership and deeds, the halakhot of sales, and the halakhot of inheritance.

Most of these halakhot are based on hazaka, a concept that has multiple meanings, some of which are clarified in this tractate in a comprehensive and profound manner.

In its most general sense, a hazaka is a presumption with regard to the nature of reality, and in the special context of this tractate it is a presumption with regard to the nature and behavior of human beings, i.e., how an ordinary person behaves in a particular situation, and how an ordinary person understands and formulates agreements. With regard to the details, there is, of course, room for disagreement: Does one suffer when another can see into his property, and to what extent does he suffer? Is a foul odor or excessive noise beyond what an ordinary person is prepared to accept? At what point does one protest when an unauthorized person uses his property? How long does the average person hold on to written records?

Similar questions arise with regard to the halakhot of sales. When one buys or sells property, whether by way of a written or an oral agreement, how are his intentions to be understood? Of course, a precise and detailed contract prevents misunderstandings and disagreements. But in the absence of a clear contract, such matters must at times be decided by a court. This tractate provides the definition of certain items, e.g., house, vineyard, boat, and the like. What does each of these terms include, and what is not included? If one buys an item that turns out to be defective or deficient, can he cancel the transaction or demand compensation? When is it said that a defect is insignificant and no reasonable person would raise objections about it?

Another fundamental issue in commercial transactions relates to gemirut da'at, final intention or making up of the mind of the parties to a transaction. Here too, the matter is decided in accordance with normal human behavior: When is an action performed under compulsion considered void, and when does it have legal force?

Since the halakhot in these areas are not established according to objective criteria dictated by Torah law, they enjoy considerable flexibility. Much depends on regional custom and the manner in which the people of a particular place conduct their affairs. The principle that everything is in accordance with the regional custom is important with regard to these halakhot, because general agreement can establish the halakha in a particular place, whether it was reached through a formal decision of the local residents or expresses the general consensus without any explicit decision ever having been reached. Similarly, many of the matters discussed in this tractate are decided in practice in accordance with the discretion of the judges, who must take into account the circumstances of the time and place, and the particular parties.

The halakhot of inheritance differ slightly from the rest of the topics discussed in the tractate, because they are based on what is written in the Torah, and for this reason they do not depend solely on the intentions of the deceased and the heir. While the halakhot of inheritance are by Torah law and are not subject to change, they can be circumvented in various ways, e.g., through a deed of gift or through a deathbed declaration. The requirement that the marriage contract to a widow or a divorcée be paid, and the complex conditions attached to it with regard to providing for the needs of the widow and those of the sons and daughters of the deceased, create an additional factor that must be addressed. Some of the discussions in the tractate come to resolve the problems, and occasionally the contradictions, stemming from this additional consideration.

The printed editions of tractate Bava Batra are longer than any other tractate in the Babylonian Talmud because most of the commentary to the tractate was written not by Rashi, whose writing is a shining example of brevity, but by his grandson and disciple Rabbeinu Shmuel ben Meir, the Rashbam, whose detailed and expansive style lies somewhere between that of Rashi and that of Tosafot.

Tractate Bava Batra is composed of ten chapters. While issues occasionally spill over from one chapter to another, in general each chapter deals with a particular and well-defined set of problems.

Chapter One addresses the halakhot governing the division of jointly owned property, especially land.

Chapter Two delineates the actions one may not perform on his own property when they involve causing damage to his neighbor or to the public.

Chapter Three discusses the halakhot of presumptive status and proof of ownership, especially with regard to land.

Chapter Four explores sale agreements concerning land, houses, courtyards, fields, and cities.

Chapter Five deals with various aspects of the sale of movable property, ordinary sale agreements, leasing contracts, and appropriate business practices.

Chapter Six discusses two issues: The halakhot governing the sale of defective goods and the details of agreements and rights with regard to the sale of real estate.

Chapter Seven explores the sale of fields and the fixed definitions of the conditions of their sale.

Chapter Eight clarifies the halakhot of inheritance and wills.

Chapter Nine discusses the division of property and obligations between the various heirs, as well as the halakhot governing deathbed declarations.

Chapter Ten describes the halakhot of promissory notes: The manner in which they are written, the liens they create, and the ways in which they are repaid.

Tractate Bava Batra deals primarily with halakha and includes many detailed halakhic clarifications and records of judicial actions. However, it also contains sections of aggada that are connected to issues mentioned in the tractate. They are found primarily in the first and the fifth chapters.