## Bava Batra Daf 5b

###### Bava Batra 5b:1
[Bava Batra 5b:1](https://torahapp.org/share/book/Bava%20Batra/r/5b:1)

כִּי הֵיכִי דְּלָא לִיטְרְדַן.

**William Davidson Edition - English:**
**so that he will not trouble me** later by constantly demanding the money.


###### Bava Batra 5b:2
[Bava Batra 5b:2](https://torahapp.org/share/book/Bava%20Batra/r/5b:2)

תְּנַן: – בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתַן.

**William Davidson Edition - English:**
The Gemara attempts to bring a proof in support of the opinion of Abaye and Rava from what **we learned** in the mishna (5a): If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless **presumed to have given** his share of the money, **unless** the claimant **brings proof that** the other **did not give** his part.


###### Bava Batra 5b:3
[Bava Batra 5b:3](https://torahapp.org/share/book/Bava%20Batra/r/5b:3)

הֵיכִי דָמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, פְּשִׁיטָא בְּחֶזְקַת שֶׁנָּתַן! אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא עֲבִיד אִינִישׁ דְּפָרְעֵיהּ בְּתוֹךְ זִמְנֵיהּ! שָׁאנֵי הָכָא, דְּכׇל שָׂפָא וְשָׂפָא זִימְנֵיהּ הוּא.

**William Davidson Edition - English:**
The Gemara clarifies the matter: **What are the circumstances** of the case under discussion? **If we say** that **he said to him: I paid you at the time** when the payment became due, when the wall was completed, it is **obvious** that **he is presumed to have given** his part. **Rather, is it not that he said to him: I paid you within the time** before the payment became due, while the wall was still under construction? And with regard to such a case the mishna states that he is presumed to have given his share. **Apparently, a person is apt to repay** his debt **within its time,** in accordance with the opinion of Abaye and Rava. The Gemara rejects this proof: **Here** it **is different, because the time** to pay is upon the completion of **each and every row.** Payment does not become due specifically at the completion of the entire wall.


###### Bava Batra 5b:4
[Bava Batra 5b:4](https://torahapp.org/share/book/Bava%20Batra/r/5b:4)

תָּא שְׁמַע: בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתַן.

**William Davidson Edition - English:**
The Gemara further suggests: **Come** and **hear** a proof in support of the opinion of Reish Lakish from the continuation of the mishna (5a): The court does not obligate the reluctant neighbor to contribute to the building of the wall higher than four cubits. But if the reluctant neighbor built another wall close to the wall that had been built higher than four cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. If the builder of the first wall later claims he did not receive payment from his neighbor, the neighbor **is presumed not to have given** his share of the money, **unless he brings proof that he did** in fact **give** money for the building of the wall.


###### Bava Batra 5b:5
[Bava Batra 5b:5](https://torahapp.org/share/book/Bava%20Batra/r/5b:5)

הֵיכִי דָּמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, אַמַּאי לָא? אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ! שָׁאנֵי הָכָא, דְּאָמַר: מִי יֵימַר דִּמְחַיְּיבוּ לִי רַבָּנַן.

**William Davidson Edition - English:**
The Gemara clarifies the matter: **What are the circumstances** of the case under discussion? **If we say** that **he said to him: I paid you at the time** that the payment became due, when the wall was completed, **why** is he **not** deemed credible? **Rather,** is it **not that he said to him: I paid you within the time** before the payment became due, and therefore he is not deemed credible? **Apparently, a person is not apt to repay** his debt **within its time,** in accordance with the opinion of Reish Lakish. The Gemara rejects this proof: **Here** it **is different, since** the reluctant neighbor **says: Who says that the Rabbis will obligate me** to pay for this wall? In such a case he certainly does not pay before the payment becomes due.


###### Bava Batra 5b:6
[Bava Batra 5b:6](https://torahapp.org/share/book/Bava%20Batra/r/5b:6)

רַב פָּפָּא וְרַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ עָבְדִי כְּאַבַּיֵּי וְרָבָא. מָר בַּר רַב אָשֵׁי עָבֵד כְּרֵישׁ לָקִישׁ. וְהִלְכְתָא כְּרֵישׁ לָקִישׁ, וַאֲפִילּוּ מִיַּתְמֵי; וְאַף עַל גַּב דְּאָמַר מָר: הַבָּא לִיפָּרַע מִנִּכְסֵי יְתוֹמִים – לֹא יִפָּרַע אֶלָּא בִּשְׁבוּעָה; חֲזָקָה: לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ.

**William Davidson Edition - English:**
**Rav Pappa and Rav Huna, son of Rav Yehoshua, acted** in such a case **in accordance with** the opinion of **Abaye and Rava. Mar bar Rav Ashi acted in accordance with** the opinion of **Reish Lakish.** The Gemara concludes: **And the *halakha*** is **in accordance with** the opinion of **Reish Lakish** that one is not deemed credible when he says that he repaid a loan before it became due. **And** if the debtor dies, the court collects payment **even from** his **orphans** based on this assumption. **And even though the Master said** that **one who comes to collect** money **from the property of orphans cannot collect unless** he first takes **an oath** that he did not already collect the debt from the deceased, here he can collect without taking an oath because there is **a presumption** that **a person is not apt to repay** his debt **within its time.**


###### Bava Batra 5b:7
[Bava Batra 5b:7](https://torahapp.org/share/book/Bava%20Batra/r/5b:7)

אִיבַּעְיָא לְהוּ: תְּבָעוֹ לְאַחַר זְמַן, וְאָמַר לוֹ: ״פְּרַעְתִּיךָ בְּתוֹךְ זְמַנִּי״, מַהוּ? מִי אָמְרִינַן: בִּמְקוֹם חֲזָקָה – אָמְרִינַן ״מַה לִּי לְשַׁקֵּר״;

**William Davidson Edition - English:**
**A dilemma was raised before** the Sages: **What is** the *halakha* if the lender stipulated a time with the borrower for repayment of the debt, and **he demanded** payment of the money **after the time** that the payment became due had passed, **and** the borrower **said to him: I** already **repaid you within the time** before the payment became due? **Do we say** that even **where there is a presumption** against someone’s claim, as in this case where there is a presumption that people do not pay their debts before they become due, **we say** that the borrower can claim: **Why would I lie?** If one of the litigants could have advanced a claim more advantageous to his cause than the one he actually did, the assumption is that he is telling the truth. Consequently, in this case had the borrower wished to lie, he could have said that he repaid his debt when it became due, and he would have been deemed credible. Therefore, when he claims that he repaid it before it came due he should also be deemed credible.