The Mishnah’s Oath as a Safeguard

Rabbi Yohanan explains the oath as a rabbinic safeguard against opportunistic grabbing. Division alone could reward seizure. This does not prove either claimant stole: simultaneous lifting is possible. Separate risk from fact and division from the oath’s purpose.

1. 1Read the source on ג ע״א (3a) and define the case facts.
2. 2Respond to the claim that two oaths prove one liar using simultaneous lifting.
3. 3Answer What is the enactment’s purpose? and identify its support in the source.

What is the enactment’s purpose?

1. 01·Mishnah / BaraitaBava Metzia 3a

   שְׁבוּעָה זוֹ תַּקָּנַת חֲכָמִים הִיא, שֶׁלֹּא יְהֵא כׇּל אֶחָד וְאֶחָד הוֹלֵךְ וְתוֹקֵף

   Memra: Rabbi Yohanan explains that the Mishnah's oath is a rabbinic enactment to prevent a person from seizing another's garment and claiming it.

2. 02·The Gemara asksBava Metzia 3a

   The Gemara asks whether our Mishnah is inconsistent with Rabbi Yose, who rules that disputed money is set aside until Elijah comes.

3. 03·KushyaBava Metzia 3a

   The Gemara objects: if Rabbi Yose sets money aside when each certainly owns part, all the more so here where the whole item might belong to one?

4. 04·TerutzBava Metzia 3a

   The Gemara resolves: in Rabbi Yose's case there is definitely an imposter, but here there is no certainty of fraud, as both may have lifted the find together.

5. 05·KushyaBava Metzia 3a

   The Gemara challenges: this works for a found item, but what can be said of a purchase dispute where one party is definitely lying?

6. 06·Conclusion of the sugyaBava Metzia 3a

   The Gemara concludes that the initial resolution stands: our Mishnah can align with Rabbi Yose because there is no definite deceiver here.

1. 1What is the enactment’s purpose? Answer in your own words and support your explanation with a phrase from the Gemara.