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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 35


(a) (Rav Nachman): Reuven and Shimon each claimed 'I inherited this land (or ship) from my fathers' - Kol d'Alim Gavar
(b) Question: Why is this different than two documents with the same date (giving the same field to Levi and Yehudah)?
1. (Rav): Levi and Yehudah split the property. (Rav holds like R. Meir, signatures empower a document - even if one was given first, the signatures of both take effect at the same moment, the end of the day (the date on the document). Alternatively, he holds like R. Elazar, handing over a document in front of witnesses empowers it, the first document received acquired the property; we do not know which was first, and neither is Muchzak, so they divide it.)
2. (Shmuel): The judges decide (Rashbam - whom the giver liked more; Tosfos - whom the judges prefer to give to).
(c) Answer: There, we will never know which document was given first; here, perhaps one will bring witnesses later (we do not want to give a ruling which may later be overturned).
(d) Question: Why is Rav Nachman's case different than the following?
1. (Mishnah): Levi traded his cow for Shimon's donkey, or sold his slave to Shimon. The cow or slave (was not in front of us at the time of the sale; later, we see that it) gave birth. Levi claims, the birth was before the trade or sale (so the child was not included), Shimon claims it was after, so he acquired a pregnant mother, so the child is his). They divide the value of the child.
(e) Answer: There, each has Drara of money (Rashbam - a true reason to suspect that it is his, for he owned the mother at some point; Tosfos - Beis Din would have a doubt even without their claims);

1. Here, it belongs to one, the other is simply lying.
(f) (Chachamim of Neharde'a): If a third person grabbed the contested property, he keeps it.
1. (R. Chiya): One who steals from many people (fighting over the property) is not considered a thief.
(g) Rejection (Rav Ashi): No, he is a thief;
1. R. Chiya meant that one who steals from many people (e.g. he uses false measures when selling) is unable to return the theft (he does not know all the people he stole from).
(a) (Mishnah): The Chazakah is three years, from day to day.
(b) Version #1 - Rashbam - (R. Aba): If the original owner (Reuven) helped the Machzik (Shimon) carry produce from the land, Shimon has a Chazakah immediately.
(c) Version #2 - R. Chananel - (R. Aba): If Shimon (the Machzik) gave Reuven a gift of produce of the land, Shimon has a Chazakah immediately.
(d) (Rav Zvid): If Reuven claimed that Shimon was renting the field, Reuven is believed.
1. This is within three years - after this, Reuven is not believed.
(e) Question (Rav Ashi): What could Reuven have done to prevent Shimon's Chazakah (after three years) if he really was renting it?
(f) Answer (Rav Kahana): He should have made a Macha'ah (told people that Shimon is only renting it; had Shimon truly bought it, he would know to continue to guard his document) before three years passed (from the beginning or from the last Macha'ah)
(g) Support: If we would not say thusly, why did Chachamim sanction Mashkanta of Sura?
1. (The lender deducts a fixed amount from the loan for each year that he eats the produce;) they write, 'At the end of these (allotted) years, the land reverts to Ploni (the borrower) for free.'
2. If the lender will hide the document after three years, he will be believed to say that he bought it - Chachamim would not sanction the Mashkanta if it can lead to theft!
3. We must say that the borrower must make a Macha'ah within (every) three years. (If he does not, he caused his own loss.)
4. Also here, Reuven should make a Macha'ah within (every) three years.
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