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 39
BAVA BASRA 39 & 40 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
1) A VALID MACHA'AH
(a) Question: What is a valid Macha'ah?
2) HOW MANY MUST HEAR THE MACHA'AH?
(b) Answer (Rav Zvid): If Reuven says 'Ploni is a thief',
this is invalid (if Ploni hears this, he does not know
why Reuven said this, he will not guard his document more
than the usual three years);
1. He must say 'Ploni is a thief, he is stealing my
land, I will take him to Beis Din'.
(c) Question: What if Reuven told the listeners 'Do not tell
(d) Answer #1 (Rav Zvid): Since he told them, they will not
tell him, it is invalid.
(e) Answer #2 (Rav Papa): It is valid!
1. The listeners can tell their friends, those friends
can tell their friends...(and Ploni will hear).
(f) Question: What if Reuven told them 'Do not tell anyone'?
(g) Answer (Rav Zvid): Since he told them, they will not tell
anyone, it is invalid.
(h) Question: What if the listeners told Reuven 'We will not
(i) Answer #1 (Rav Papa): Since they said that they will not
tell anyone, it is invalid.
(j) Answer #2 (Rav Huna brei d'Rav Yehoshua): Whenever a
person was not commanded to keep something secret (and he
will not lose if reveals it), he is not careful to keep
it secret, the Macha'ah is valid.
(k) (Rava citing Rav Nachman): A Macha'ah not in front of the
Machzik is valid.
(l) Question (Rava - Mishnah - R. Yehudah): The Chazakah is
valid, we require three years in order that after Shimon
uses the land for one year, word will reach Reuven in one
year, and Reuven will have one year to come and protest.
1. If a Macha'ah not in front of the Machzik is valid,
why do we allow a year to come and protest - Reuven
can protest where he is!
(m) Answer: (Really, Reuven could protest where he is, a
third year is needed anyway to allow time for Shimon to
hear the Macha'ah;) the Mishnah gives wise counsel to
Reuven, that he himself return;
1. If Reuven would protest now and return later, it
will be hard to force Shimon to pay for the fruit he
ate in the meantime.
(n) Inference: Since Rava tried to refute Rav Nachman, Rava
must hold that a Macha'ah not in front of the Machzik is
(o) Question: But Rava said that a Macha'ah not in front of
the Machzik is valid!
(p) Answer: Rava said that after he heard Rav Nachman's
answer (and accepted it).
(a) (R. Chiya bar Aba citing R. Yochanan): Macha'ah must be
in front of two people.
(b) (R. Avahu citing R. Yochanan): Macha'ah must be in front
of three people.
(c) Suggestion: R. Chiya bar Aba and R. Avahu argue about
Rabah bar Rav Huna's law.
1. (Rabah bar Rav Huna): Anything said in front of
three people, if one repeats it he does not
transgress Lashon Hara.
3) IS ONE MACHA'AH ENOUGH?
2. R. Chiya bar Aba argues with Rabah bar Rav Huna, he
holds that anything said in front of even two people
(will become known), if one repeats it he does not
transgress Lashon Hara.
(d) Rejection #1: No, all agree with Rabah bar Rav Huna;
3. R. Avahu agrees with Rabah bar Rav Huna, only
something said in front of three people will become
1. R. Avahu holds that a Macha'ah not in front of the
Machzik is valid, three people are needed to spread
the word everywhere;
(e) Rejection #2: Both hold that a Macha'ah not in front of
the Machzik is valid;
2. R. Chiya holds that a Macha'ah must be in front of
the Machzik, surely the Machzik will hear, it
suffices for two (witnesses) to hear it.
1. R. Chiya holds that it suffices to have two, for
they can be witnesses (and they are likely to inform
(f) Gidal Bar Minyomi made a Macha'ah in front of Rav Huna,
Chiya bar Rav and Rav Chilkiya Bar Tuvi. The next year,
he came to protest in front of them again.
2. R. Avahu holds that we want everyone to find out, so
three are needed.
(a) Version #1: They told him that this is not needed, for
Rav taught that one Macha'ah suffices (for three years).
(b) Version #2 - Chiya bar Rav: This is not needed, one
Macha'ah suffices (for three years).
(c) (Reish Lakish): One must protest at the end of every
(d) Objection (R. Yochanan): Why? Does a thief get a
1. Question: Why should R. Yochanan call him a thief,
he claims that he bought the land and lost his
(e) (Rava): The Halachah is, one must protest at the end of
every three years.
2. Correction: Rather, since he is suspected like a
thief, (he knows that he must always guard his
document,) one Macha'ah suffices.
(f) (Bar Kapara): If Reuven made a Macha'ah, then another,
then another - if the claims are all the same (e.g., he
always says 'Ploni is stealing my land'), Ploni has no
1. If the claims are different ('he is a thief', the
next time he said 'the land is a Mashkanta by him',
proving that his first claim was false), Ploni has a