ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 28
BAVA BASRA 27 & 28 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
***** Perek Chezkas ha'Batim *****
(a) To make Chazakah on ...
1. ... a house or on a pit, a trench or a cave - takes three years from day
(b) The commom principle that governs all of the above is - that they
provide the owner with ongoing benefit.
2. ... a dove-cote, a bath-house, an oil-press or a Sadeh Beis
ha'Shalachin - takes three years from day to day.
(c) The formality that the Chazakah dispenses with is - the need to retain
one's document of purchase.
(d) It works - by the current resident claiming that he purchased it but
lost his Sh'tar, and the original owner can no longer claim that the former
(a) A Sadeh Beis-ha'Ba'al is - one that is watered by means of rain.
(b) Its Chazakah does not require a full three years - because it only
produces fruit than once a year (and not on an ongoing basis).
(c) According to Rebbi Yishmael, to prove oneself the owner of a
Beis-ha'Ba'al requires eighteen months, This is - because by working the
land the last three months of the first year, the first three months of the
third year and the entire middle year, it is possible to obtain three
produces (see Tosfos DH 'Sheloshah)'.
(d) According to Rebbi Akiva - fourteen months will suffice, the middle year
together with the month that precedes it and the month that follows it.
(a) According to Rebbi Yishmael, the above Halachos pertain specifically to
a Sadeh Lavan - a wheat-field.
(b) In the case of a Sadeh Ilan, he continues - if the current owner
harvests the grapes, the olives and the figs in the same year, then that is
considered a Chazakah (like three years in a wheat-field).
(c) Rebbi Yochanan heard from the Holchei Usha that they learned the Din of
Chezkas ha'Batim ... , from a Shor ha'Mu'ad - inasmuch as they learned the
three years from the three times that an ox gores before it becomes a Shor
(d) The reason that one only pays full damages after the ox has gored a
fourth time is - because, although the ox became a Muad after the third
goring, there is nothing to pay for until it gores again.
(a) The Mishnah later rules - that a 'Chazakah she'Ein Imah Ta'anah' (where
the Machzik claims that the field is his only because no-one stopped him
from taking it) is not valid.
(b) Although we learn the Din of Chazakah from Shor ha'Mu'ad, it is not
effective in the case of a Chazakah she'Ein Imah Ta'anah - because it is a
S'vara that Reuven does not lose ownership of his field, unless Shimon can
prove that he bought it by means of a Sh'tar. And if *he* does not claim to
have lost the Sh'tar, then there is no reason why we should claim it on his
(c) The effectiveness of a Chazakah is based on the fact that if Reuven did
not sell Shimon his field, then he should have made a Mecha'ah - a
testimonial in front of two witnesses that the field Shimon is currently
working actually belongs to him (Reuven). This in turn, will have the effect
that, if Shimon did indeed purchase it from Reuven, he will now take great
care to safeguard his Sh'tar from getting lost.
(a) A Mecha'ah does not need to be made in the presence of the Machzik
('Mecha'ah she'Lo be'Fanav, Havi Mecha'ah').
(b) A Shor on the other hand - cannot become a Mu'ad not in the presence of
the ox and its owner.
(c) Despite the fact that the Holchei Usha learn Chazakah from a Shor Mu'ad
1. ... a Shor Mu'ad requires warning in the owner's presence - because of
the Pasuk in Mishpatim "Im Shor Nagach Hu".
2. ... whereas, the Machzik does not - because of the S'vara 'Chavrech
Chavra Is Leih, ve'Chavrech de'Chavrech Chavra Is Leih' (once something is
told to two people, they tend to tell others who then tell others ... ).
(a) According to Rebbi Meir - an animal that gores three times in one day
becomes a Mu'ad, 'Kal va'Chomer' from one that gored three times in three
(b) Nevertheless, the Machzik will not acquire the field if he eats for
example, three lots of ...
1. ... figs in one day - because unlike the case of Shor ha'Mu'ad, where
each subsequent goring takes place when the previous one was no longer
there, here all the fruits are available simultaneously.
(c) Nor will he acquire the field if he picks three produces Aspasta (a sort
of animal fodder that grows quickly) in one month - because that is called
'snatching' (picking it prematurely), and is not the way that one normally
2. ... fruit of the caper-bush in three days (some say in one) - because
there too (even though the second batch of fruit had not grown when he eats
the first as it had in the previous case], it had however, *begun* to grow.
(d) And if he eats three produces of Aspasta in *three* months - he will
indeed acquire the field, since the 'Holchei Usha' are synonymous with Rebbi
Yishmael, who learns in our Mishnah that in a similar case (where the
Machzik eats three different fruits in a Sadeh Ilan), it is a Chazakah.
(a) The Rabbanan of Rebbi Yishmael (Holchei Usha) clearly have a different
source for the Chazakah of Karka. Initially, we cite this source as the
Pasuk "Sados ba'Sefer Yiknu ve'Chasuv ve'Chasum ... ". The Rabbanan learn
Chazakah from there, we think - since the Navi was speaking to them in the
tenth year of Chizkiyah ha'Melech's reign, and warned them to safeguard
their documents of sale, because they were destined to go into exile the
following year, a proof that two years is insufficient to be considered a
Chazakah (from which we can infer that if they would have remained another
year in Eretz Yisrael, this would not have been necessary).
(b) Abaye rejects this Pasuk as a possible source, on the grounds - that
(even assuming that Chazakah requires only one year) Yirmiyah was merely
advising them to safeguard their documents of sale to strengthen their hold
over the fields that they had purchased.
(c) And he proves his point from the continuation of the Pasuk "Banu Batim
ve'Sheivu ve'Nit'u Ganos ve'Ichlu es Piryan" - which certainly has no
Halachic implications, and is merely no more than a sound piece of advice.
(d) And this is borne out still further by the Pasuk there - "u'Nesatem
bi'Ch'li Cheres Lema'an Ya'amdu Yamim Rabim", a piece of advice which is
nothing more than a means of extending the life of the documents for a long
period of time.