POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 52
BAVA BASRA 52 & 53 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) DEPOSITS THAT MAY HAVE BEEN STOLEN
(a) (Beraisa): We do not accept deposits from a (married)
woman, slave or child (perhaps he/she stole from his/her
husband, owner or father);
2) CHAZAKAH IN PROPERTY OF RELATIVES
1. If Reuven took a deposit from a woman or slave, he
returns it to him or her; if he or she died, he
returns it to the husband or owner;
(b) When the wife of Rabah bar bar Chanah died, she said
'These rings belong to Marsa and his grandsons.'
2. If he took a deposit from a child, he sells it and
buys a Segulah (something which yields fruits and
the principal remains intact, as we will explain);
i. If the child dies, he gives the Segulah to the
3. If the woman, slave or child said just before dying
'It belongs to Ploni', we give it to Ploni;
i. If Reuven does not believe this, he gives it to
the husband, owner or father.
(c) Version #1 - Rav (to Rabah bar bar Chanah): If you
believe her, do as she said; if not, keep them for
(d) Version #2 - Rav: If you think that Marsa and his
grandsons are wealthy enough to deposit such rings by
your wife (alternatively: if you think that your wife had
friends who would give her such rings as a gift (on
condition that you have no rights to them), do as she
said; if not, keep them for yourself.
(e) (Beraisa): If he took a deposit from a child, he sells it
and buys a Segulah.
(f) Question: What is a Segulah?
(g) Answer #1 (Rav Chisda): A Sefer Torah (for it may not be
sold if not to get married).
(h) Answer #2 (Rabah bar Rav Huna): A date tree.
(a) (Mishnah): A father does not get a Chazakah in his son's
property, nor vice-versa.
3) A BROTHER THAT RAN THE ESTATE
(b) (Rav Yosef): This applies even if the son is independent
of his father (because one would not protest if the other
used his property).
(c) (Rava): If the son is independent of his father, they can
get a Chazakah against each other.
(d) (R. Yirmeyah mi'Difti): A case occurred; Rav Papi ruled
(e) (Rav Nachman bar Yitzchak): I heard that Rav Nachman held
(f) The Halachah follows Rava.
(g) Support (Beraisa): If a son was independent of his
father, or a woman was divorced, he/she can get a
Chazakah in the property of his/her father/ex-husband,
like a stranger.
(a) Yakov died; Reuven (one of the orphans) used to buy and
sell property of the estate on behalf of all the
brothers. There were documents saying that he bought
property or lent money; he claims that they belong to him
himself, from money he inherited from his mother's
(b) (Rav): He must bring proof (if not, we assume that the
property/loans belong to all the brothers);
(c) (Shmuel): His brothers must bring proof (if not, he is
1. (Shmuel): Rav admits, after Reuven dies, his
brothers must bring proof.
2. Question (Rav Papa): Do we claim on behalf of
Reuven's orphans something which he himself could
not claim (that they must bring proof)?!
i. Rava took combers' scissors and a Sefer of
Agadata from orphans (of Ploni), for these are
things that are normally lent or rented;
4) CHAZAKAH TO ACQUIRE
(d) (Rav Chisda): Rav's law is only when the brothers share
everything, but if they prepare their food separately, we
assume that Reuven acquired money by eating less.
ii. (Rav Huna bar Avin): Things that are normally
lent or rented (and they were known to
previously belong to someone else), one is not
believed to say that he bought them. (Since
Ploni would not have been believed to say 'I
bought them', we do not make this claim on
behalf of his orphans.)
3. This is left difficult.
(e) Question: What kind of proof must Reuven bring?
(f) Answer #1 (Rabah): He must bring witnesses.
(g) Answer #2 (Rav Sheshes): The document must be validated
(this shows that Beis Din verified that it is Reuven's
(h) Rava (to Rav Nachman): As whom do you hold?
(i) Rav Nachman: I hold like the Beraisa.
1. (Beraisa): Reuven used to buy and sell on behalf of
all the brothers. There were documents saying that
he bought property or lent money; he claims that
they belong to him himself, from money he inherited
from his mother's father. He must bring proof.
2. Similarly: A widow used to buy and sell on behalf of
the orphans. There were documents saying that she
bought property or lent money; she claims that they
belong to her, from money she inherited from her
grandfather. She must bring proof.
3. Question: What Chidush do we hear regarding the
4. Answer: One might have thought, since a widow that
toils on behalf of orphans is respected, she is
unlikely to falsely claim their money, she should be
believed - the Beraisa teaches, this is not so (she
feels she is entitled to compensation for her toil,
and rationalizes claiming their property for
(a) (Mishnah): This refers to Chazakah, but one who gives a
gift, or brothers that divide an inheritance ...
(b) Question: Are the latter cases not Chazakah?!
(c) Answer: The Mishnah is abbreviated, it means as follows:
three years are needed for Chazakah that is a proof of
ownership (for one who lost his document), but regarding
a gift, division of inheritance, or acquisition of Hefker
property, when only an acquisition is needed (not a
proof), locking the fence, fencing or breaching any
amount in a wall is a Chazakah.
(d) (R. Hoshaya): Locking the fence, fencing or breaching any
amount in a wall in front of the original owner is a
(e) Inference: If not in front of the owner, it is not a
(f) Answer (Rava): He means, in front of the owner, the owner
need not say 'Go make a Chazakah and acquire'; if not in
front of the owner, the owner must say 'Go make a
Chazakah and acquire'.