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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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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 Aryeh Cohen]).


(a) This is as Rava said elsewhere.
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).
(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 Mo'av;
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 together);
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?
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.
(e) Question: What do Chachamim disqualify on account of '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.
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)!
(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.)
(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 eats.
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