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Bava Basra 36

BAVA BASRA 36 - Today's learning has been dedicated l'Iluy Nishmas Meir ben Reb Benzion Sand (Yahrzeit: 14 Iyar) by his grandchildren, Zvi and Tamara Sand of Yerushalayim and Dedi and Malca Graucher of Petach Tikva.


(a) (Rav Yehudah): If a Yisrael (Shimon) bought property from a Nochri, his law is like that of a Nochri;
1. Just as a Nochri is not believed on account of Chazakah, he must show a document, also one who bought from him (must show a document in which the original owner (Levi) sold to the Nochri).
2. If Shimon says that the Nochri told him 'I bought it from Levi', he is believed.
3. Objection: The Nochri himself is not believed to say this, all the more so Shimon is not believed to say this in the Nochri's name!
4. (Rava): Rather, If Shimon says 'I saw the Nochri buy it from Levi', he is believed, Migo he could have said 'I bought it from Levi'.
(b) (Rav Yehudah): If Reuven held reaping tools and said 'I am going to reap (Tosfos - this is the correct text, as above (33B)) Shimon's tree, I bought it from him', he is believed, for a person is not so brazen to reap another's produce.
(c) (Rav Yehudah): A Chazakah in the land outside a wall around a field (which the owner normally seeds and allows animals to eat it, so they will not enter his field) is not a Chazakah.
(d) Question: Why not?
(e) Answer: The owner does not care about what grows there, he allows animals to eat it (so he did not protest).
(f) Version #1 (our text, Rashbam) - (Rav Yehudah): Eating Orlah does not contribute to the years of Chazakah (it is forbidden to benefit from Orlah, therefore the owner did not protest).
(g) Support (Beraisa): Eating Orlah, Shemitah or Kilayim does not contribute to the years of Chazakah.
(h) Version #2 - Tosfos - (Rav Yehudah): Using Orlah (e.g. the vines themselves, which are permitted) is valid for Chazakah (this is the maximum benefit one can get from Orlah).
(i) Support (Beraisa): Using Orlah, Shemitah or Kilayim is valid for Chazakah. (End of Version #2)
(j) (Rav Yosef): Reaping (the produce prematurely when it is still) fodder is not a Chazakah (this is not normal usage of a field).
(k) (Rava): In a place where people (have many animals and) normally reap fodder, it is a Chazakah.
(l) Version #1 - Rashbam - (Rav Nachman): Occupying an (unfarmable) field full of cracks is not a Chazakah.
(m) Version #2 - R. Chananel - (Rav Nachman): Farming a field without plowing (rather, allowing wind and sun to crack the earth) is not a Chazakah.
(a) (Mishnah): And slaves...
(b) Question: But Reish Lakish taught that there is no Chazakah on Goderos (anything that can walk by itself, i.e. animals or slaves).
(c) Answer (Rava): They do not have an immediate Chazakah (to assume that one who holds them owns them), but Chazakah applies after three years.
(d) (Rava): Immediate Chazakah applies to an infant slave in a crib.
(e) Objection: This is obvious (he cannot walk)!
(f) Answer: One might have thought, we are concerned that his mother brought him and left him here - Rava teaches, we are not concerned, she would not forget her son.
(g) Some goats were eating peeled barley in Neharde'a; the owners of the barley seized the goats, and was claiming a large loss.
1. (Shmuel's father): He can claim up to the goats' value, for he could have said that he bought them.
(h) Question: But Reish Lakish taught that there is no Chazakah on Goderos!
(i) Answer: Goats are different, a shepherd watches them (so they would not walk off by themselves).
(j) Question: But the goats walk unattended in the morning to the shepherd, and return unattended at night!
(k) Answer: In Neharde'a, there are many thieves, people do not leave goats unattended.
(a) (Mishnah): R. Yishmael says, three months...
(b) Suggestion: The Tana'im argue whether plowing makes a Chazakah.
1. R. Yishmael holds that plowing does not make a Chazakah, R. Akiva holds that it does.
(c) Rejection: If so, why does R. Akiva require a month (in the first and third years)? One day of plowing should suffice!

(d) Rather, all agree that plowing does not make a Chazakah; they argue whether one must eat produce that needs much time to grow, or if fast-growing produce suffices.
(e) (Beraisa): Plowing does not make a Chazakah; some say, it is a Chazakah.
(f) Question: Who says that it is a Chazakah?
(g) Answer (Rav Chisda): R. Acha.
1. (Beraisa): If Reuven plowed a field (without seeding it) for two (or one) years and seeded it for one (or two) years, this is not a Chazakah;
2. R. Acha says, this is a Chazakah.
(h) Question (Rav Bivi): What is R. Acha's reason? (i) Answer (Rav Nachman): An owner would not keep quiet if he saw someone plow his field.
(j) Question (Rav Bivi): Why do Chachamim argue?
(k) Answer (Rav Nachman): An owner is very happy if others plow his field, it will be more fertile when he wants to plant!
(l) Question (people of Fum Nahara): Is plowing a Chazakah?
(m) Answer (Rav Nachman bar Rav Chisda): R. Acha and all the Gedolim of our generation say that it is.
(n) Objection (Rav Nachman bar Yitzchak): Many Gedolim say that it is not - Rav and Shmuel in Bavel, R. Akiva and R. Yishmael in Eretz Yisrael!
(o) Question: We concluded above (from the Mishnah) that R. Akiva and R. Yishmael say that it is not; what is the source that Rav agrees?
(p) Answer: Rav Yehudah cited Rav to say 'Chachamim argue on R. Akiva and R. Yishmael, and require three years from day to day.
1. Question: What does he come to exclude by saying 'from day to day'?
2. Answer: That plowing is not a Chazakah.
(q) Question: What is the source that Shmuel agrees?
(r) Answer: Rav Yehudah cited Shmuel to say 'Chachamim argue on R. Akiva and R. Yishmael, and require three harvests of dates, three olive harvests, or three grape harvests.'
(a) Question: What is the difference between Rav and Shmuel?
(b) Version #1 - Rashbam - Answer (Abaye): A young date tree (it yields three harvests in less than three years; this is enough according to Shmuel, but Rav requires three full years.
(c) Version #2 - R. Chananel - Answer (Abaye): A date tree whose dates fall off. (According to Shmuel, he has no Chazakah until he stays three years and harvests three harvests; according to Rav, it suffices that he worked the field for three years.
(d) (Mishnah - R. Yishmael): This applies to a grain field... (regarding trees, a date harvest, an olive harvest and a grape harvest makes a Chazakah).
(e) (Abaye): (Shmuel explained that Chachamim argue with R. Yishmael, but only regarding three years); we infer Chachamim's opinion from R. Yishmael.
1. If there were 30 trees, 10 per Beis Se'ah, and Reuven ate the fruit of 10 of them each year, this is a Chazakah.
i. R. Yishmael says that eating three different fruits is a Chazakah, i.e. a Chazakah on one part of the field (e.g. where the dates grow) is a Chazakah for the whole field;
ii. Here also, eating 10 is like using the entire property!
2. This is only if only 10 trees produced - if more produced and he did not harvest them, this is not a Chazakah.
3. It is a Chazakah only if the 10 he ate each year are spread among the entire property.
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