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 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.
1) INVALID CHAZAKOS
(a) (Rav Yehudah): If a Yisrael (Shimon) bought property from
a Nochri, his law is like that of a Nochri;
2) CHAZAKAH OF GODEROS
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).
(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
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'.
(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
(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
(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...
3) IS PLOWING A CHAZAKAH?
(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
(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
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
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
(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.
4) WHAT IS NEEDED FOR CHAZAKAH?
(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;
(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.
2. R. Acha says, this is a Chazakah.
(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
(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'?
(q) Question: What is the source that Shmuel agrees?
2. Answer: That plowing is not a Chazakah.
(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
(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;
2. This is only if only 10 trees produced - if more
produced and he did not harvest them, this is not a
ii. Here also, eating 10 is like using the entire
3. It is a Chazakah only if the 10 he ate each year are
spread among the entire property.