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 55
1) LAWS OF THE KINGDOM
(a) (Rav Huna bar Avin, R. Avin...): If Reuven bought land
from a Nochri and Shimon dug a little in it; we do not
take the land from Shimon.
2) DIVISIONS IN A FIELD
(b) (Rabah citing Shmuel): The law of the kingdom is binding;
1. In Peras a Nochri makes a Chazakah after 40 years
(if Levi buys from a Nochri who has such a Chazakah,
Yehudah cannot claim 'the land was stolen from me'),
(c) (Rav Ashi): Rava's scribes said that the Halachah follows
Rav Huna brei d'Rav Yehoshua.
2. People who pay (to the king's officials) the tax due
on other people's land to receive the land, they
i. This is only if the land is sold for the land
tax, but if it is sold for the head tax (that
the owner owed, this is not the law of the
kingdom), the sale is invalid.
3. (Rav Huna brei d'Rav Yehoshua): No, the sale is
valid - the head tax creates a lien even on produce
that was harvested and put in a vessel!
ii. Question: What is the reason?
iii. Answer: The head tax is a personal liability,
it is unrelated to the land.
4. Question (Ameimar): If so, a firstborn does not get
a double portion (if his father had not yet paid the
head tax for this year), for the father was not
Muchzak in his land, whoever paid the tax would
i. A firstborn only gets a double portion in
property Muchzak to the father, not if the
father was merely apt to receive it.
5. Answer (Rav Ashi): Likewise, Rav Huna brei d'Rav
Yehoshua holds that he gets a double portion when
the father already paid the head tax.
ii. Counter-question (Rav Ashi): Also according to
you (that only the land tax creates a lien), if
this year's land tax was not yet paid, a
firstborn does not get a double portion!
iii. Answer (Rav Ashi): You must say, a firstborn
gets a double portion when the father already
paid the land tax;
(d) Rejection: The Halachah is not like him - they said so to
defend the documents they wrote (on account of
non-payment of the head tax).
(e) (Rav Ashi): An utterly idle man (he does not work or
learn) must pay a share of taxes imposed on the city
(even though he does not earn money in the city);
1. This is only if the king's tax collectors asked him
to pay, and people of the city convinced the tax
collectors that he is unable, and therefore more was
collected from the other residents;
2. If the tax collectors never asked him to pay, this
shows that Hash-m exempted him!
(a) (Rav Asi): A fence or Chatzav (tree) divides a Hefker
field (i.e. Chazakah on one side does not acquire the
other side), but they are not divisions regarding Pe'ah
or Tum'ah (as will be explained).
(b) (Ravin): They are divisions also regarding Pe'ah and
1. Question: What difference does it make regarding
2. Answer (Mishnah): The following are a division
regarding Pe'ah (they obligate leaving a separate
Pe'ah on each side): a Nachal (Rashi - valley;
Rambam - river; Rashbam - rocky area), a Shelulis
(irrigation ditch; some explain, a pond), a public
or private road, or a public or private path that is
used in winter and summer (and one must leave Pe'ah
separately on each side).
3. Question: What difference does it make regarding
(c) (Ravin): Regarding Shabbos, a fence or Chatzav does not
divide a field.
4. Answer (Mishnah - R. Elazar): Reuven entered a
valley in winter, there was Tum'ah in one field in
the valley. If Reuven does not know whether he
entered that field, he is Tahor;
5. Chachamim say, he is Tamei (this is doubtful Tum'ah
in a private domain).
i. R. Elazar says that a doubtful case of touching
Tum'ah is Tamei, but here we are unsure whether
he even entered the place of Tum'ah (Rashi - we
only learn (from Sotah) that doubtful Tum'ah is
Tamei when he surely entered the place of
Tum'ah; Rashbam - we have a double doubt,
perhaps he did not enter, and even if he
entered, perhaps he did not become Tamei).
(d) (Rava): Also regarding Shabbos, a fence or Chatzav
divides a field.
1. (Beraisa): If Reuven took (on Shabbos) half a fig
from a private domain to a public domain and put it
down, and then brought half to a public domain: if
he remembered in between that this is forbidden, he
is exempt; if not, he is liable.
2. R. Yosi says, if he took both halves to the same
public domain, he is liable; if not, he is exempt.
i. (Rabah): This is only if the different domains
are separated by a private domain, but not if a
Karmelis separates them (for one is not liable
for transferring between a public domain and a
ii. (Abaye): This is even if the domains are
separated by a Karmelis, not if a piece of wood
iii. (Rava): This is even if a piece of wood