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Bava Basra 41

BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.

(a) A person who claims to have bought a house, a field, an olive press, etc. from another person, but has no proof of purchase may, nevertheless, support his claim with a "Chazakah." A Chezkas Shalosh Shanim (a "Chazakah of three years") means that he has proof (witnesses) that he has been living in the house or working on the land for three years as an owner normally would, and his opponent has no witnesses to attest to the fact that he voiced any Mecha'ah (objection) during those three years. This Chazakah serves as proof to the claim that he bought the house or land.
(b) A Chezkas Shalosh Shanim works only if he makes a claim along with it. For example, he must claim when he appears in court that he inherited the house or that he bought the field and lost any documents attesting to his ownership. Once he makes the claim, the witnesses who attest to his Chezkas Shalosh Shanim are effective to uphold his possession of the field.

2) [line 7] HA'BA MACHMAS YERUSHAH - [a Machzik] who comes [to uphold his claim on a piece of land that he received] because of an inheritance [against the claim of another party who claims that the land belongs to them. The Machzik has witnesses that he has been on the land for three years and that his father owned the land when he died]

3) [line 10] IRKAS - he lost [the document]
4) [line 12] "ACHAVI SHETARACH!" - "Show your Shtar!"
5) [line 13] "PESACH PICHA L'ILEM" HU - this is an instance of "Open your mouth for the dumb" (Mishlei 31:8), i.e. Beis Din makes beneficial claims for those who are unable to do so

6) [line 14] ((ANa"V) [ANKa"D] SIMAN) - this is a mnemonic device to remember the names of the Amora'im that follow, according to the Girsa of Dikdukei Sofrim #9. It stands for Rav *A*nan (line 14), Rav *N*achman (line 16), Rav *K*ahana (line 24) and Rav Yehu*d*a (line 1, Daf 41b)

7) [line 15] SHAKAL BIDKA B'AR'EI - floodwaters covered his field, washing away his boundary lines

8) [line 15] AZAL, HADAR GUDA B'AR'EI D'CHAVREI - he went and [inadvertently] replaced the wall on the property of his neighbor


9) [line 2] TARTEI UTZYASA AL - he [inadvertently] went up into [his neighbor's property] two garden bed-widths

10) [line 12] MAISINA LACH IGARTA MI'MARAVA - I will bring you a letter from Eretz Yisrael (lit. the west)

11) [line 13] L'CHI TEISI - when you bring it [we will discuss it. At present it does not interest me.]

12) [line 14] KASHTA - the name of a place
13) [line 14] ILISA - the second story loft
14) [line 20] CHAVIVI - (lit. my beloved one) Rebbi Chiya, Rav's uncle (Rav's father Aibo was Rebbi Chiya's brother from the same father. However, they did not share the same mother. Aibo married Rebbi Chiya's sister from his mother, and as such, Rav was the son of Rebbi Chiya's brother and sister -- Sanhedrin 5a)

15) [line 21] CHAZITEI L'DA'ATEI - I accepted his (Rebbi Chiya's) opinion
16) [line 26] RE'AYAH - a proof [that his Ta'anah (claim) is plausable]
17) [line 27] LO SHADI ZUZEI BI'CHEDI - does not throw away money for nothing
18) [line 29] AVID INISH D'SAYAR (AR'EI) [AR'A] V'LO ZAVIN - a person will normally can be seen inspecting a piece of his property even though he does not buy it

19) [line 32] IS LEI KOLA - (lit. since it has a voice) the information about the sale will become well known

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