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 42
BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) DO WITNESSES CAUSE PUBLICITY?
(a) Shimon bought Reuven's field, sold it to Levi after a
year, and Levi sold it to Yehudah after a year. Once
Yehudah has been there for a year, he has a Chazakah
(because Reuven has not protested for three years).
2) JOINT CHAZAKAH
(b) (Rav): This is only if Shimon and Levi wrote documents of
1. Rav holds that a document makes things known,
witnesses do not.
(c) Contradiction (Rav): If David bought Moshe's field with
(only) witnesses (with Achrayus, and the field was taken
by Moshe's creditor), he can collect his money from
property Moshe sold after this (we must assume that the
buyers knew to beware)!
(d) Answer: (Really, witnesses do not cause publicity;)
there, the buyers caused their own loss (had they
researched well, they would have learned of the sale).
(e) Question: Did Rav really say that one who bought without
a document may collect from sold property?!
1. (Mishnah): One who lent money with a document may
collect from sold property; if he lent without a
document, he only collects from unsold property.
(The laws of a sale and a loan should be the same,
it depends whether or not witnesses publicize
(f) Answer: Loans and sales are different.
2. Suggestion: Perhaps Rav argues with the Mishnah, for
he is a Tana.
3. Rejection (Rav and Shmuel): One who lent money
without a document may not collect from heirs or
from sold property.
1. A person borrows discretely (and asks the witnesses
not to publicize it), lest his property decline in
value (if people would know that he needs money);
2. A person announces when he sells land, so potential
buyers will hear.
(a) (Beraisa): Reuven used a field for a year, and his son
for two years, or vice-versa, or each used it for a year
and a buyer used it the third year - this is a Chazakah.
3) CHAZAKAH OF PARTNERS
(b) Inference: One who buys from an heir can make a Chazakah.
(c) Contradiction (Beraisa): Shimon used (what was Muchzak to
be) Levi's field for three years, uncontested. Levi died
after the first or second year; Levi's son Kehas (who
stood to inherit the field) did nothing, or he sold it
one year after Levi's death (and the buyer was quiet in
the third year) - Shimon has a Chazakah.
1. If one who buys from an heir can make a Chazakah, we
must say that there is publicity to a sale - if so,
when Kehas sold it, this should be considered a
(d) Answer (Rav Papa): The Beraisa is when Kehas wrote a
document selling all his fields (so Shimon did not know
that he contests the field, therefore it was not a
(a) (Mishnah): Craftsmen, partners, sharecroppers, and
overseers cannot make a Chazakah (in property they work
on, share or oversee);
(b) A man cannot make a Chazakah in his wife's property, nor
vice-versa; a father cannot make a Chazakah in his son's
property, or vice-versa.
(c) This refers to Chazakah to prove ownership;
1. Locking the fence, fencing or breaching any amount
in a wall is a Chazakah to acquire a gift, to divide
an inheritance, or to acquire Hefker property,.
(d) (Gemara - Shmuel's father and Levi): The Mishnah does not
mention a craftsman, we learn this from a Kal va'Chomer
from a partner.
(e) (Shmuel's): The Mishnah says that a craftsman does not
get a Chazakah, but a partner may.
1. This is as Shmuel said elsewhere.
(f) Question (R. Aba): Did Shmuel really say that a partner
can make a Chazakah?!
2. (Shmuel): A partner can make a Chazakah against his
partner, he can testify for him (we shall explain
when), and is considered a Shomer Sachar when
watching the common property.
1. Contradiction (Shmuel): A partner is like one who
uses another's field with permission.
(g) Answer #1 (Rav Yehudah): Shmuel's teachings apply to two
different cases, when he makes a Chazakah in the entire
property, and when he makes Chazakah in half (and claims
that they agreed that he will receive this half).
2. Suggestion: This teaches that he cannot make a
1. This can be understood either way.
(h) Answer #2 (Ravina): In both cases he made a Chazakah in
the entire property;
i. Version #1: A Chazakah in the entire property
is valid, one would not allow his partner to
use the entire field for three straight years,
surely he sold his share;
ii. A Chazakah in half the property is invalid, it
is normal for each partner to use the same half
for several years, and then they switch.
iii. Version #2: A Chazakah in the entire property
is invalid, it is normal for a partner to let
the other use the entire field for three years,
and then he will get it for three years;
iv. A Chazakah in half the property is valid - had
they not made a division, and they wanted to
share the fruits every year, they would work
the entire field together.
1. If the field is fitting to be divided (it is big
enough for each to get a field of proper size), the
Chazakah is valid, one would not allow his partner
to use the entire field for three straight years;
(i) (Shmuel): A partner is like one who uses another's field
2. If the field is not fitting to be divided, the
Chazakah is invalid, it is normal to allow a partner
to use the same half for several years and then
(j) Question: If Shmuel's Chidush is that he cannot make a
Chazakah, he should say this explicitly!
(k) Answer (Rabah bar Avuha): He teaches that he receives
produce that is Magia l'Kesafim (Rashbam - ready to
harvest; R. Tam - that came through exertion).