JUDAICA - Wisdom In Torah

ava ben buta
of property through purchase; chapters 8 and 9 consider acquisition
of property by inheritance.
Chapter 10 contains rules for the proper preparation of
legal documents by scribes, as well as the correct interpretation
by the court of certain legal documents, especially bonds
of indebtedness. This is a fitting conclusion to the tractate,
since legal documents figure in acquisition, ownership, and
other matters discussed in earlier chapters. The last Mishnah
was intended, perhaps, as an apt conclusion for the entire tractate
of Nezikin (the three Bavot, Bava Kamma, Bava Meẓia,
and Bava Batra): “He that would become wise, let him occupy
himself in cases concerning property, for there is no
branch of law greater than they, for they are like a welling
fountain” (10:8).
The Tosefta of Bava Batra contains 11 chapters. Generally
the Tosefta follows the Mishnah, supplementing and paralleling
it, but there are chapters where the material in the Tosefta
is richer than the Mishnah and has an original and interesting
order of its own.
The first chapter, dealing with the prevention of torts,
parallels chapter 2 of the Mishnah (ch. 1 of which is paralleled
by the second half of the Tosef., BM 11). Chapter 2:1–14, paralleling
the Mishnah 2:1–6, deals with ḥazakah; while 2:14–17,
paralleling Mishnah 2:2–8, is a supplement to chapter 1 of the
Tosefta. It is probable that the connection between this supplement
and the preceding section is *Samuel b. Meir’s definition
of a Tyrean window (14a) and the prohibition against
opening a window facing that of a neighbor (14b). Chapters
3–4, paralleling Mishnah 4:1–5:5, deal with the regulations of
selling; 5:1–6:21, paralleling Mishnah 5:6–6:3, deal with commercial
honesty; the last part of this section differs from the
Mishnah, in that the transition to the following two sections
is clearly recognizable. Thus the subject of 6:22–23, paralleling
the Mishnah at the end of chapter 6, deviates only slightly
from the main discussion on commercial honesty, as it deals
with the language used by a seller, a subject covered previously,
and the subject of Tosefta 6:24–28 parallels the Mishnah
of chapter 7. Chapters 7–10, discussing the halakhot of inheritance,
contain a wealth of sources on details not mentioned at
all in the parallel Mishnah (ch. 8 and 9). Chapter 11, dealing
with deeds, parallels Mishnah chapter 10.
The rabbinic tradition regarding the order and authorship
of the books of Scripture is recorded in Bava Batra 14b.
The report of the travels of Rabbah bar Bar Ḥana (BB 73–74)
contains fantastic descriptions of marvelous creatures and visions
of the corpses of the Israelites who left Egypt and died
in the wilderness of Sinai.
In the standard printed editions of the Babylonian Talmud
more pages are found in this tractate than in any other
(BB’s last page is numbered 176). However, there are other
tractates whose talmudic text is longer (see *Talmud). The
size of the Bava Batra volume is due to the fact that the commentary
of *Rashi is printed through page 29a only (in the
Pesaro edition the termination of the commentary is marked:
“Here died Rashi”), and the remainder of the tractate contains
the more lengthy commentary of Samuel b. Meir. An English
translation of the Talmud was made by I. Epstein (Soncino
edition, 1935).
Bibliography: Epstein, Amora’im, 187–270; A. Weiss, Studies
in the Law of the Talmud on Damages (1966), 16–25; Ch. Albeck,
Shishah Sidrei Mishnah, 4 (1959), 111–6; R. Yaron, Gifts in Contemplation
of Death in Jewish and Roman Law (1960); D. Daube, in: Tulane
Law Review, 18 (1944), 390–404.
[Shamma Friedman]
BAVA BEN BUTA (first century B.C.E.), sage and judge during
the reign of *Herod. Bava, although a disciple of Shammai,
agreed with Hillel, that the “Laying of Hands” (cf. Lev. 3:2) on
sacrifices during festivals is permissible and was instrumental
in establishing this law (Beẓah 20a–b). As a judge, Bava
was noted for his thorough investigations and for his just decisions
(Git. 57a). He offered daily guilt-offerings prescribed
in cases of doubtful trespass, for fear that he had committed
a sin (Ker. 6:3). This sacrifice came to be called “the guilt-offering
of the pious.” Bava overlooked an insult to himself to
make peace between husband and wife (Ned. 66b). According
to another legend Bava was the only Jewish sage who was
not put to death by Herod; instead, Herod blinded him so
that he could seek his counsel incognito. When Herod finally
disclosed who he was and asked how he could make amends,
Bava advised him to rebuild the Temple (BB 3b–4a). Josephus
refers to “The Sons of Bava,” who were among the noblemen of
Jerusalem, and were beloved by the people. They were strong
opponents of Herod, and for a long time “The Sons of Bava”
remained in hiding for fear of him. Ultimately they were executed
by him (Ant., 15:260–6).
Bibliography: Schuerer, Gesch, 1 (19014), 386–7; Klausner,
Bayit Sheni, 4 (19502), 27–28; Hyman, Toledot, 261–2.
[Zvi Kaplan]
BAVA KAMMA (Aram. אָּ מַ ק אָ בָ ּב), tractate of the Talmud, the
first of the order Nezikin.
Name
Bava Kamma was originally not a separate tractate, but the
first part of a larger tractate, whose name was identical with
the name of the order. The title Bava Kamma is the abbreviated
form for Bava Kamma de-Massekhet Nezikin (“the first gate
(section) of the tractate Nezikin”). Tractate Nezikin (“torts”)
comprised 30 chapters, covering the entire range of pecuniary
law (dinei mamonot). However, according to the Midrash,
the size of Nezikin discouraged the student: “What does the
fool say? ‘Who can study the Torah? Nezikin has 30 chapters;
Kelim has 30 chapters!’” (Lev. R. 19:2). For this reason Nezikin
was divided into three sections, each consisting of ten chapters.
The second and third parts are now called Bava Meẓia
(“the middle gate”) and Bava Batra (“the last gate”). The division
seems to have taken place in Babylonia (bava as “gate”
is unique to Babylonian Aramaic; see: Ned. 66b), where the
size of Nezikin must have interfered with the regular practice
224 ENCYCLOPAEDIA JUDAICA, Second Edition, Volume 3