Today’s daf begins with an opinion of dayanei golah, judges of the diaspora:
Judges of the diaspora say: Any tree that is bent by the yoke (of oxen, therefore not impeding plowing) is not included in the sale; any that is not bent by the yoke is retained.
Later in the daf, we hear from them again in a beraita, an early rabbinic source:
As it is taught: A purse document (recording an investment in which the two parties share the profits) was presented against orphans. Judges of the diaspora say, “One takes an oath and collects it all.” Judges of the land of Israel say, “One takes an oath and collects half.”
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Let’s unpack the two opinions before discussing the phrase “judges of the diaspora.” The first opinion quoted in the name of the diaspora judges concerns which trees are included in the sale of land. Trees small enough to bend under the yoke of oxen — and therefore probably small enough to uproot and relocate — are not included. Larger trees, which do not bend under the yoke of oxen, are included in the sale of land. The Gemara identifies a different metric for determining which trees are included in a land sale: According to Rav, who is the classic intellectual opponent of Shmuel, trees that are so tall they require a rope to climb are not included in land sale. This hints that Shmuel might be behind the opinion attributed to “judges of the disapora.”
The second debate deals with a situation in which one person invested money in a joint venture and the person with whom they invested passed away. The surviving investor comes to their partner’s heirs and asks to be repaid. The Gemara debates the credibility of the borrower (or the borrower’s heirs) when they say that the investment has already been repaid. But who are these judges from the diaspora who say that one takes an oath (that they have not received the money) and collects the full amount? And who is behind the opinion of the judges of the land of Israel that say that one takes an oath and collects half?
On Sanhedrin 17b, we will learn that raboteinu sheb’Bavel (our rabbis who are in Babylonia) are Rav and Shmuel. In contrast, dayanei golah, judges of the diaspora, refers to a scholar known as Karna. And dayanei d’eretz Yisrael, judges of the Land of Israel, refers to Rabbi Ammi and Rabbi Assi, who are third generation amoraim. But according to Rashbam, the grandson of Rashi and a talmudic commentator in his own right, dayanei golah refers to both Karna and Shmuel.
What is exceptionally curious about this identification is the chronological problem it presents. Karna was a first-generation Babylonian amora, and it seems he was a student of Shmuel, who was also a first-generation amora in Babylonia. These debates, recorded as beraitot, meaning they should purvey the opinions of tannaim, quote only amoraim. Rabbi Malachi Montefoscoli, an 18th-century Italian Talmudist, notes this problem. He concludes that the text of the Talmud we have must been mistaken and should not have identified the quotation as a tannaitic text. He also notes that the Rashbam must have had a different version of the Talmudic text, where Karna and Shmuel are both included in the moniker dayanei golah.
While it may be surprising to see a rabbinic commentator declare the Talmud contains an error, there is a rich textual history to the Talmud. The Talmud was first memorized and later copied by hand for generations, before books became easily available with the invention of the printing press. This leaves legion room for potential error or slight (unintentional) modification. Even the Talmud often debates the precise phrasing of many a rabbinic declaration. Seen in that light, Rabbi Montefoscoli’s observation follows a long tradition of correction based on analysis.
Read all of Bava Batra 70 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on September 3, 2024. If you are interested in receiving the newsletter, sign up here.
