Go to Related Reading
About this book

Bava Batra

Babylonian Talmud

About this book
Chapter 54b

And if it is not defined by its boundaries, up to how much of the field is acquired by one strike of the hoe? Rav Pappa said: He acquires as far as an ox driver goes and returns, i.e., the size of a standard furrow, beginning where the hoe entered the ground. § Rav Yehuda says that Shmuel says: With regard to the property of a gentile that was sold to a Jew for money, it is ownerless like a desert until the purchaser performs an act of acquisition; anyone who takes possession of it in the interim has acquired it. What is the reason for this? The gentile relinquishes ownership of it from the moment when the money reaches his hand, while the Jew who purchased it does not acquire it until the deed reaches his hand. Therefore, in the period of time between the giving of the money and the receiving of the deed, the property is like a desert, and anyone who takes possession of it has acquired it. Abaye said to Rav Yosef: Did Shmuel actually say this? But doesn’t Shmuel say that the law of the kingdom is the law, i.e., the halakha obligates Jews to observe the laws of the locale in which they reside,⁠ and the king said that land may not be acquired without a document?⁠ Therefore, taking possession should not be effective for acquisition. Rav Yosef said to him: I do not know how to reconcile this contradiction, but there was an incident in the village of Dura that was founded by shepherds, where there was a Jew who purchased land from a gentile by giving money, and in the interim another Jew came and plowed it a bit. The two Jews came before Rav Yehuda for a ruling, and he established the property in the possession of the second individual. This accords with the ruling of Shmuel that the property is ownerless until a Jew performs an act of acquisition. Abaye said to him: Are you saying that the incident occurred in Dura that was founded by shepherds? Proof cannot be brought from that case, as there the fields were concealed, since the owners of fields would not pay the land tax [taska] to the king, and the king says that one who pays land tax may profit from the field. Therefore, in that case, the gentile who sold the property did not actually own it, and consequently by the laws of the kingdom could not sell it. The one who took possession of the property acquired it in accordance with the law of the kingdom, as he committed to pay the land tax. Elsewhere, one would not acquire the field until he received a deed of sale from the gentile. The Gemara relates: Rav Huna purchased land from a gentile. Another Jew came and plowed it slightly. Rav Huna and that Jew came before Rav Naḥman, who established the property in the possession of the latter. Rav Huna said to Rav Naḥman: What are you thinking in issuing this ruling? Is it because Shmuel says that the property of a gentile is like a desert, and anyone who takes possession of it has acquired it?

Texts in conversation

Compare Matthew 22:21 and Bava Batra 54b

New Testament · Rabbinic

Share:

Summary

In Matthew, Jesus answers a question about taxes by separating what belongs to rulers from what belongs to God. Tractate Bava Batra discusses a similar issue and says people must follow the laws where they live, a rule known as “dina de-malchuta dina.”

Passages

Matthew 22:21

New Testament
17 Tell us then, what do you think? Is it right to pay taxes to Caesar or not?” 18 But Jesus realized their evil intentions and said, “Hypocrites! Why are you testing me? 19 Show me the coin used for the tax.” So they brought him a denarius. 20 Jesus said to them, “Whose image is this, and whose inscription?” 21 They replied, “Caesar’s.” He said to them, “Then give to Caesar the things that are Caesar’s, and to God the things that are God’s.” 22 Now when they heard this they were stunned, and they left him and went away.
70–90 CE (scholarly estimate) Read in Matthew

Bava Batra 54b

Rabbinic · Babylonian Talmud
Abaye said to Rav Yosef: Did Shmuel actually say this? But doesn’t Shmuel say that the law of the kingdom is the law, i.e., the halakha obligates Jews to observe the laws of the locale in which they reside, and the king said that land may not be acquired without a document? Therefore, taking possession should not be effective for acquisition. Rav Yosef said to him: I do not know how to reconcile this contradiction, but there was an incident in the village of Dura that was founded by shepherds, where there was a Jew who purchased land from a gentile by giving money, and in the interim another Jew came and plowed it a bit. The two Jews came before Rav Yehuda for a ruling, and he established the property in the possession of the second individual. This accords with the ruling of Shmuel that the property is ownerless until a Jew performs an act of acquisition.
450–550 CE (scholarly estimate) Read in Bava Batra

References

"... For most of Jewish history, Jews lived in the Diaspora under gentile rulers who were deemed ethically unreliable, even though Christian countries acclaimed their sovereign as the representative of God on earth. Prior to the christianisation of the Roman Empire, there was often a tug-of-war between God and Caesar. Jesus said “Pay Caesar what is Caesarʼs: pay God what is Godʼs” (Matthew 22:21). Though the context is the payment of Roman taxes, the issue is whether a human king can be Dominus et Deus – both an earthly king and a god. For Judaism, Edmond Jacob points out, God is a king, but a king cannot be God. It is easy to say “Separate the spiritual from the temporal” – yet for halachah there can be no such distinction. “Know Him in all your ways” is the doctrine of the Bible (Proverbs 3:6) ... Whatever “king” means, there is a distinction between Jewish and gentile kings, but both had to be obeyed. In the Diaspora, there is a halachic principle of dina demalchuta dina, “the law of the land is the law” (Nedarim 28a; Gittin 10b: Bava Kamma 113a/b; Bava Batra 44b/45a). Maimonides says the acceptance of the kingʼs coinage is the mark of royal authority (MT Gezelah 5:18; and see Rashbamʼs commentary to TB Bava Batra 54b). Maimonidesʼ word “acceptance” indicates an actual or tacit contract between ruler and ruled; Mordekhai Jaffe says that otherwise the king is a robber. We read in the Tosafot commentaries on TB, “The king owns the land, and those who wish to live there must obey his statutes” ..."
Raymond Apple, “Jewish Prayers for the Government,” Australian Journal of Jewish Studies (2013): 1–5.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

Your feedback

Matthew 22:21 and Bava Batra 54b

Leave a comment

Your questions and comments are welcome!

Comments

Glossary

Search the Library