POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 29
BAVA BASRA 29 & 30 - anonymously dedicated by an Ohev Torah and Marbitz
Torah in Ramat Beit Shemesh, Israel.
1) THE SOURCE OF THREE YEARS OF CHAZAKAH
(a) Objection (Abaye): Perhaps (a Chazakah can be made in
less time), that was only good counsel (to keep a signed
document, since witnesses of Chazakah are not always
2) CONDITIONS OF CHAZAKAH
1. Support: Yirmiyahu also told them to build houses,
plant gardens and eat the fruits, clearly that was
merely good counsel!
(b) Answer #2 (Rava): (Human nature dictates that three years
are needed for Chazakah, for) a person pardons someone
else who uses his property for one or two years, but not
for three years.
2. Similarly, getting signed documents of sale was only
3. Also "U'Nsatem bi'Chli Cheres l'Ma'an Ya'amdu Yamim
Rabim" is only a good counsel.
(c) Objection (Abaye): If so, someone who only had one or two
years of Chazakah, when the land returns to the original
owner, the one who used the land should not have to pay
for the fruits!
1. But Rav Nachman taught, he must pay for the fruits!
(d) Retraction (Rava): Rather, A person does not begrudge one
who uses his property for one or two years (nor does he
pardon the fruits); he begrudges one who uses it for
(e) Objection (Abaye): People such as those of Bar Elyashiv's
family begrudge even one who passes by the border of
1. According to Rava, someone who uses their property
should immediately get a Chazakah!
(f) Answer #3 (Rava): Rather, a person is only careful with
his document (of purchase) up to three years.
2. If you will say this is correct, the time needed for
(g) Question (Abaye): If so, a Macha'ah (the Muchzak
announces that the Machzik does not own the land he is
using) not in front of the Machzik should be invalid!
1. The Machzik can claim, had you told me of your
claim, I would have guarded my document longer!
(h) Answer: The ones who heard the Macha'ah surely told their
friends, who surely told their friends ... (surely, the
Machzik found out).
(a) (Rav Huna): The three years of Chazakah must be
(b) Question: We already know this from our Mishnah!
1. (Mishnah): The Chazakah is three years, from day to
(c) Answer: One might have thought, this only comes to
exclude incomplete years, but the years can be
intermittent - we hear, this is not so.
(d) (Rav Chama): Rav Huna agrees that in a place where people
normally leave a field fallow alternate years,
intermittent years make a Chazakah.
(e) Question: This is obvious!
(f) Answer: The case is, some people alternate years, others
1. One might have thought, the Muchzak can claim, if
you really own the field, you should have used it
every year - we hear, this is not so.
(g) Question (Mishnah): A Chazakah on houses - (presumably,)
witnesses would only know if someone used the house by
day, not by night! (This is like an intermittent
i. The Machzik can answer, I cannot afford someone
to watch my field alone when all the neighbors
are leaving their fields fallow.
ii. Alternatively - he can say, I left it fallow
this year, so it will produce more next year.
(h) Answer #1 (Abaye): Neighbors testify to a Chazakah on
houses, and they know who used it by day and by night.
(i) Answer #2 (Rava): Renters can testify that they lived
there three years, by day and night, and paid rent to the
1. Question (Rav Yemar): Renters are invalid as
witnesses, for they are partial - if they would not
testify for the Machzik, they will have to pay the
original owner for having lived there!
(j) (Mar Zutra): The original owner can ask the Machzik to
bring witnesses that he was there day and night; if he
cannot, the Chazakah is invalid.
2. Answer (Rav Ashi): That is true - only incompetent
judges would accept such testimony!
i. Rather, the case is that the renters did not
yet pay the Machzik; they are ready to pay
whomever Beis Din declares to be the owner.
(k) Mar Zutra agrees that if the Muchzak is a peddler that
goes from city to city, we require the Machzik to bring
witnesses that he was there day and night, even if the
Muchzak does not request this (for he was not present to
see that the Machzik was living there.
3) WHEN THE BUYER IS ESTABLISHED TO OWN THE PROPERTY
(l) Rav Huna admits by a store in a city that it is normally
used only by day (so day usage suffices for a Chazakah).
(m) Rami Bar Chama and Rav Ukva Bar Chama bought a slave in
partnership. One of them used her in years one, three and
five; the other, two, four and six. Someone else claimed
that he owned her.
1. Rava: You alternated using her so neither of you
should have a Chazakah against his brother (and be
able to claim he owns her himself) - similarly,
neither of you has a Chazakah against others!
(n) (Rava): If a Machzik used all of a field except for a
Beis Rova (the area in which one sows a quarter Kav of
grain), this is a Chazakah in the part he used.
2. This only applies if they did not write a document
of the partnership; if they wrote one, people hear
about this (and they have a Chazakah).
(o) (Rav Huna Brei d'Rav Yehoshua): This only applies if the
unused part is farmable; if not, the Chazakah works for
the entire field.
(p) Objection (Rav Bivi Bar Abaye): The only way to make a
Chazakah on a rocky (unfarmable) field is to graze
animals or spread fruits on it - here also, to acquire
the unfarmable part he must do this!
(a) Reuven asked Shimon: What are you doing in this house?
1. Shimon: I bought it from you, and I have lived here
the years needed to make a Chazakah.
(b) Rav Nachman: (To get the house) Shimon must prove that he
was alone in the house.
2. Reuven: (I did not sell it to you;) I have been
living in the inner rooms of the house (so you do
not have a Chazakah).
(c) Objection (Rava): Shimon has a Chazakah - to take the
house from him, the burden of proof is on Reuven (to
prove that he lived in the inner rooms)!