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 28
BAVA BASRA 27 & 28 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
***** PEREK CHEZKAS HA'BATIM *****
1) HOW LONG IS NEEDED FOR CHAZAKAH?
(a) (Mishnah): To make a Chazakah (to become established as
the owner, to be believed to say that he bought the
property and lost the purchase document) on any of the
following, one must act as the owner for three complete
years, to the day: pits of all shapes, caves, dovecotes,
bathhouses, olive presses, irrigated fields, slaves, and
anything which constantly produces;
(b) A field that does not need to be irrigated, one makes a
Chazakah on it in three incomplete years;
1. R. Yishmael says, the Chazakah can be made in 18
months: the last three months of the first year, the
entire second year, and the first three months of
the third year;
(c) R. Yishmael: This only applies to a grain field; but in
an orchard, if one gathered the grapes, harvested the
olives, and collected the dates drying in the field, this
is as a Chazakah of three years.
2. R. Akiva says, the Chazakah can be made in 14
months: the last month of the first year, the entire
second year, and the first month of the third year.
(d) (Gemara - R. Yochanan): I heard from members of the
Sanhedrin that was exiled to Usha, that a Chazakah after
three years of usage is learned from the law of a Mu'ad
ox (an established gorer).
1. Just as an ox that gores three times changes its
status from Tam to Mu'ad, likewise, if one claims
that he bought a field and is Machzik (benefits from
it) for three years, it changes from being assumed
to belong to the Muchzak (original owner), and is
established to belong to the Machzik.
i. Suggestion: Perhaps, just as an ox does not
become Mu'ad until the fourth goring, also one
is not Machzik in a field until the fourth year
ii. Rejection: This comparison is wrong! Once it
gores three times, it is Mu'ad, just there is
nothing to pay for until the fourth goring;
(e) Question: If we learn from a Mu'ad, a Chazakah without a
claim (of how the field came to his hand) should be valid
- but this is not so!
iii. By a field, after three years of benefit, the
buyer is Muchzak.
1. (Mishnah): A Chazakah without a claim is invalid.
(f) Answer: The only reason Chazakah works is because when a
Machzik claims that he bought a field and lost the
document, and the Muchzak denies this, the Machzik's
claim is more credible, since an owner is not silent when
a thief benefits from his land for three years.
1. But if the Machzik has no claim of ownership -
should we claim for him?!
(g) Question (Rav Avira): If we learn from a goring ox, a
protest (by the Muchzak that the Machzik does not own it,
which obligates the Machzik to guard his document of
purchase) should only be valid in front of the Machzik!
1. Just as an ox only becomes a Mu'ad (which obligates
its owner to pay more for its damage) if the owner
was present three times when witnesses testified of
its gorings - here also, the Machzik must be present
at the protest!
(h) Answer: By a Mu'ad, the Torah decreed "V'Hu'ad
bi'V'alav"; by Chazakah, those that hear the protest will
tell their friends, who will tell their friends, and the
Machzik will surely find out.
(i) Question: R. Meir says, if it becomes Mu'ad for goring
three times over three days (or more), all the more so it
becomes Mu'ad for three gorings on one day;
1. If we learn Chazakah from a Mu'ad - he should say,
if one harvests three times in one day, such as a
fig tree (different parts of the tree may ripen over
the course of the day), this should count as a
(j) Answer: No, Chazakah must resemble a Mu'ad.
1. Just as an ox, at the time of one goring, the other
gorings are not there - one must eat from three
harvests, at the time of each harvest, the fruits of
the other harvests are not there.
(k) Question: A caperbush can produce new fruit in three days
(Rashi; Tosfos - each day; Aruch - three (new) fruits in
one day) - this should enable one to make a Chazakah very
(l) Answer: No - there also, the later fruit is there when he
eats the first fruit, just it is not finished.
(m) Question: One can make three harvests of fodder in 30
days - this should make a Chazakah!
1. Question: How is this possible?
(n) Answer: Since he is not harvesting the full fruit, this
does not make Chazakah.
2. Answer: He cuts it after it only grows a little.
(o) Question: One can make three harvests of (fully grown)
fodder in three months - this should make a Chazakah!
(p) Answer: R. Yochanan heard his law from members of the
Sanhedrin that was exiled to Usha, i.e. R. Yishmael;
indeed, R. Yishmael says a Chazakah can be made so
1. (Mishnah - R. Yishmael): Three years are needed for
a grain field; but by an orchard, one who gathered
the produce (grapes), the olives, and the figs, this
is like three years (of Chazakah).
(q) Question: What is Chachamim's source for three years of
(r) Answer #1 (Rav Yosef): "Sados ba'Kesef Yiknu v'Chasuv
ba'Sefer v'Chasum" - the prophet told people in the tenth
year that they will be exiled in the eleventh (and will
only have two years on the land, which will not suffice
for a Chazakah).