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 47
1) WHO GETS A CHAZAKAH
(a) Some say that an (Arev) Kablan (the lender may collect
from the Kablan even before trying to collect from the
borrower) can testify about land of the borrower, others
say that he cannot.
1. Some say that he can testify, just like a regular
Arev (when the borrower has other land - even if the
Arev's land is taken, he will be paid back from the
(b) (R. Yochanan): A craftsman does not get a Chazakah, but
his son does;
2. Some say that he cannot testify, he prefers that he
have two lands from which the lender can collect
(Rashbam - e.g., when the disputed land is Beinonis
and the other land is Ziburis, for then the lender
is more inclined to collect from the borrower;
Tosfos - when the borrower has more land, the lender
is more inclined to collect from the borrower,
saving the Kablan the toil of paying and collecting
from the borrower.
1. A sharecropper does not get a Chazakah, but his son
(c) Question: What is the case?
2. A robber does not get a Chazakah, nor does his son,
but his grandson does.
1. If the children (or grandchild) claim that they
received the property from their father, they should
not get a Chazakah either!
(d) Version #1 - Rashbam - Answer: The case is, the original
owner admitted in front of witnesses to their father that
their father owns it;
2. If they claim that they themselves bought the
property, a robber's son should also get a Chazakah!
(e) Version #2 - Tosfos - Answer: The case is, the son says
that he saw the original owner admit to his father; (end
of Version #2)
1. Regarding a craftsman or sharecropper, we believe
the admission; regarding a robber, we do not, as Rav
(f) Version #1 (Rava): Sometimes even a robber's grandson
does not get a Chazakah, e.g. when he claims that he
received the property from his grandfather.
2. (Rav Kahana): The owner admitted to the robber
because he feared what the robber might do to him
and his property.
(g) Version #2 (Rava): Sometimes a robber's son gets a
Chazakah, e.g. when he claims that he received the
property from his grandfather.
(h) Question: What is the case of a robber?
(i) Answer #1 (R. Yochanan): One who is established that he
is on another's field without permission (he can never
make a Chazakah on that field).
(j) Answer #2 (Rav Chisda): Someone in a family of people who
kill people on account of money.
(k) (Beraisa): A craftsman gets no Chazakah; after he ceases
his trade, he gets a Chazakah;
1. A sharecropper gets no Chazakah; after he ceases to
be a sharecropper, he gets a Chazakah.
(l) A son that is not supported by his father and a divorcee
are like strangers (he/she can make a Chazakah in the
property of the father/ex-husband).
(m) Question: We understand why we must teach about the son -
one might have thought, the father owns it but he does
not protest to his son's usage - rather, the Beraisa
teaches that the son gets a Chazakah;
1. But obviously, a divorcee gets a Chazakah (her
ex-husband would not pardon her usage)!
(n) Answer: The case is, she is divorced and not divorced
(i.e. doubtfully divorced);
2) JUSTICE FOR A ROBBER
1. (R. Zeira): Everywhere that Chachamim said that a
woman is divorced and not divorced, her husband must
feed her. (One might have thought that he allows her
to take her food from his property, therefore he did
not protest - the Beraisa teaches, this is not so).
(a) (Rav Nachman): Normally, anyone who brings a proof (e.g.
document) of ownership, we accept it and establish him to
be the owner;
1. If a robber brings a proof, we do not accept it, we
do not establish him to be the owner.
(b) Question: A Mishnah teaches this!
1. (Mishnah): Reuven bought a field from a Sikrikon
(extortionist), then bought it from the real owner
(Shimon), his purchase is void (Shimon only agreed
to sell because he fears the Sikrikon).
(c) Answer: Rav Nachman teaches that the Halachah does not
1. (Rav): The Mishnah is when Shimon told Reuven to
acquire through Chazakah, but if Shimon wrote a
document, Reuven acquires.
(d) (Rav Bivi citing Rav Nachman): If a robber brings a
proof, we do not establish him to own the land, but he
gets back the money he paid.
2. Rather, the Halachah follows Shmuel.
i. (Shmuel): Even if Shimon wrote a document,
Reuven does not acquire unless Shimon wrote in
the document that he accepts Acharayos (to
compensate him if the land is legally taken
1. This is only if witnesses testify (or if it is
written in the document) that the robber paid the
2. If they only saw the owner admit that he was paid,
the robber does not get his money, as Rav Kahana
i. (Rav Kahana): The owner admitted to the robber
because he feared what the robber might do to
him and his property.