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 57
BAVA BASRA 57 & 58 - 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) COMBINING THE TESTIMONY OF BROTHERS
(a) (Mishnah): If David testified about all three years, and
three brothers testified, each about one of the three
years, these are three testimonies; regarding Hazamah, it
is one testimony.
2) WHAT MAKES A CHAZAKAH?
(b) Reuven and Moshe had signed a document; Reuven died. (To
validate the document, Moshe verified his signature, and)
Moshe's brother (Aharon) and a stranger came to testify
about Reuven's signature.
(c) Ravina: This is like the Mishnah - one witness can
combine with brothers regarding years of Chazakah, also
here the stranger joins Moshe and Aharon regarding the
(d) Rav Ashi: No - in the Mishnah, only half the testimony is
from the brothers;
1. Here, Moshe and Aharon supply three quarters of the
testimony (so they cannot validate it).
(a) (Mishnah): Not all uses of a Chatzer make a Chazakah:
1. The following do not make a Chazakah: leaving one's
animal there, setting up an oven or millstone, or
(b) Question: What is the difference between the first clause
(things that do not make Chazakah) and the second
(surely, owners would object to all the uses listed, if
they did not, this proves ownership)!
2. If one sets up a 10 Tefachim wall to enclose his
animal, or for his oven or millstone, or brings
chickens in a house or made a ditch three Tefachim
deep or a pile three Tefachim tall for his waste,
this is a Chazakah.
(c) Answer #1 (Ula): Any Chazakah that acquires Hefker
property (those in the second clause) is a Chazakah to
prove ownership (in what used to belong to someone else);
a Chazakah that does not acquire Hefker (those of the
first clause) is not a Chazakah to prove ownership.
(d) Objection (Rav Sheshes): This is not always true!
1. Plowing acquires Hefker property, it is not a
Chazakah to prove ownership; eating produce does not
acquire Hefker property, it is a Chazakah to prove
(e) Answer #2 (Rav Nachman): The Mishnah discusses a jointly
3) WAYS OF CHACHAMIM
1. Partners do not object to these temporary uses; they
do object to a wall.
(f) Objection: Partners do object to these temporary uses!
1. (Mishnah): Partners (in a Chatzer) that vowed not to
benefit from each other, they may not enter the
(g) Answer #3 (Rav Nachman): The Mishnah discusses the area
in back of houses; there, people do not object to these
temporary uses, but they object to a wall.
(h) (Rav Papa): Indeed, our Mishnah discusses a jointly owned
Chatzer; some people object to temporary uses, others do
1. (Since we do not know if these partners object),
regarding money we are 'lenient' (we say that they
do not object, so the Machzik has no proof of
ownership to take the property), regarding
prohibitions (vows) we are stringent.
(i) (Ravina): (Our Mishnah discusses a jointly owned
Chatzer,) people do not object to temporary uses
(therefore, it is not a Chazakah); the Mishnah about vows
is R. Eliezer.
1. (Beraisa - R. Eliezer): Even Vitur (things which
people freely give or allow) is forbidden to someone
who is forbidden to benefit because of a vow..
(j) (R. Yochanan): Partners can object against each other
regarding any use of the Chatzer, except for laundry,
this is an enactment so women will not have to launder in
the river (which leads to immodesty).
(a) (R. Chiya bar Aba): "V'Otzem Einav me'R'os b'Ra" - this
is someone who does not look at women washing laundry.
(b) Question: What is the case?
1. If he could have chosen a path on which women do not
wash laundry, he is wicked!
(c) Answer: Really, there was no other path; still he should
force himself (Rashbam - to look the other way; Ramah -
to avoid looking, even though he might fall).
2. If there was no other path, he is Ones (Rashbam -
why is he expected to close his eyes? Ramah - he
must look so he will not fall)!
(d) Question (R. Yochanan): What kind of tunic befits a
(e) Answer (R. Bana'ah): One that does not allow his feet to
(f) Question (R. Yochanan): What kind of outer cloak befits a
(g) Answer (R. Bana'ah): One that does not allow a Tefach of
his tunic to be seen.
(h) Question (R. Yochanan): What kind of table befits a
(i) Answer (R. Bana'ah): Two thirds should be covered with a
cloth, one third should be uncovered, for plates and
vegetables; the ring (from which the table is hung)
should be on the outside.
(j) Question (Beraisa): The ring should be on the inside.
(k) Answer #1: If children eat with him, the ring should be
on the outside (so they will not play with it and shake
1. If children do not eat with him, the ring should be
on the inside (lest the waiter trip on it).
(l) Answer #2: In both cases, children do not eat with him;
1. If a waiter serves them, the ring should be on the
inside (lest the waiter trip on it);
(m) Answer #3: In both cases, a waiter serves them;
2. If no waiter serves them, it should be on the
outside (lest the people eating get hurt from it);
1. By day, the waiter can see, he will not trip on it,
the ring should be on the outside (so the people
eating will not get hurt};
2. At night, we are more concerned lest the waiter trip
on it, the ring should be on the outside.
(n) The table of an ignoramus is like a bonfire: the cloth
and bread are inside, the plates are outside.
(o) The bed of a Chacham: only his shoes are underneath;
1. The bed of an ignoramus: a whole storehouse is