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 56
BAVA BASRA 56 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David
Kornfeld, in memory of the members of his family who perished at the hands
of the Nazi murderers in the Holocaust and whose Yahrzeit is observed today:
his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib
and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben
Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe
1) DIVISIONS IN A FIELD (cont.)
(a) This is as Rava said elsewhere.
2) OTHER TEACHINGS OF RAV YEHUDAH
1. (Rava): Domains of Shabbos have the same law as
domains regarding Gitin. (If a man lent his Chatzer
to his wife to receive her Get (he will throw it
there), a piece of wood is considered a domain unto
itself, it is not included, if the Get lands there
she is not divorced.)
(b) Question: If there is no fence or Chatzav, what is the
law (Rashbam - of one who makes Chazakah in property of a
convert that died; Tosfos - regarding Tum'ah)?
(c) Answer (R. Merinus): Whatever was called one field is
considered one field.
(d) Question: What does it mean 'it was called one field'?
(e) Answer (Rav Papa): It was called 'the Gargusa (irrigated
field) of Ploni'.
(f) Question (Rav Acha bar Avya): What is Chatzuva?
(g) Answer (Rav Yehudah): A tree that Yehoshua used to mark
borders (because its roots go straight down, it does not
nurture from the other's property).
(a) (Rav Yehudah): Yehoshua only listed the cities on the
borders (to teach what is within each tribe).
3) COMBINING TESTIMONIES
(b) (Rav Yehudah): One must tithe produce of all the land
that Hash-m showed Moshe (before Moshe died).
(c) Question: What does this come to exclude?
(d) Answer: The lands of the Keni, Kenizi and Kadmoni (even
when they will become part of Eretz Yisrael).
1. (Beraisa - R. Meir): (The lands of the Keni, Kenizi
and Kadmoni) are Naftucha, Arva'ah and Shalma'ah;
2. R. Yehudah says, they are Mount Se'ir, Amon and
3. R. Shimon says, they are Ardiskim, Asya and Aspamya.
(a) (Mishnah): If two witnesses testified that Reuven ate the
produce of Shimon's field for three years, and they were
Huzmu (they were found to be Zomemim, i.e. they were not
present where they claimed to see the testimony), they
pay Shimon the entire value of the field;
(b) If a different pair of witnesses testified about each of
the three years, and all were Huzmu, they jointly pay
Shimon the entire value.
(c) If David testified about all three years, and three
brothers testified, each about one of the three years,
(this is testimony of Chazakah, for) testimony of each
year is separate (the brothers are not testifying
1. Regarding Hazamah, it is like one testimony (they
are exempt unless all of them are Huzmu).
(d) (Gemara): Our Mishnah is not like R. Akiva.
1. (Beraisa - Aba Chalifta) Question: If a different
pair of witnesses testified about each of the three
years of Chazakah, what is the law?
(e) Question: What do Chachamim disqualify on account of
'half a Davar'?
2. Answer (R. Yochanan ben Nuri): This is a Chazakah.
3. Aba Chalifta: I agree, but R. Akiva argues.
i. R. Akiva: "(According to two witnesses will be
established a) Davar" - not half a Davar.
1. Suggestion: If one witness saw one hair on the back
of a 12 year-old girl, and another witness saw one
hair on her front.
(f) Answer: Rather, two witnesses saw one hair on her back,
and two other witnesses saw one hair on her front.
(Rashbam - neither pair saw all that was possible to see
at the time; Tosfos - the testimony of either pair by
itself has no significance at all.)
2. Rejection: That is not 'half a Davar', it is half
testimony (according to each witness, she only has
one hair, she is still a minor)!
(g) (Rav Yehudah): If one witness saw Reuven eat wheat, and
one saw him eat barley, this is a Chazakah.
(h) Question (Rav Nachman): If so, we should also say that if
one witness saw Reuven eat in the first, third and fifth
years (of a six year period), and another witness saw him
eat the other three years, this is a Chazakah!
(i) Rejection (Rav Yehudah): That is different - there, they
do not testify about the same years; in my law, they
testify about the same years;
1. Question: But they argue about what he ate!
2. Answer: Since he makes a Chazakah by eating either,
witnesses are not careful to see exactly what he