ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 36
BAVA BASRA 36 - Today's learning has been dedicated l'Iluy Nishmas Meir ben
Reb Benzion Sand (Yahrzeit: 14 Iyar) by his grandchildren, Zvi and Tamara
Sand of Yerushalayim and Dedi and Malca Graucher of Petach Tikva.
(a) We have already cited Rav Yehudah, who rules that if Reuven who takes a
scythe and a rope and says that he will go down to pick dates from the palm
that he purchased from Shimon, and subsequently does do, he is believed -
because a person would not have the Chutzpah to brazenly pick someone else's
(b) Some people would build a wall within the borders of their field,
leaving some land outside the wall - where they would throw food for the
wild animals that emerged from the forest nearby. This would circumvent
their need to enter the field to scrummage for food there.
(c) According to Rav Yehudah, one cannot establish a Chazakah on that
section of land - because seeing as whatever grow there is eaten by the wild
animals, the owners do not bother to make a Mecha'ah. This in turn, is
because the Machzik is not making the Chazakah in the regular way.
(a) Rav Yehudah rules that there is no Chazakah if someone eats Orlah. A
Beraisa corrobotates this. The Beraisa adds - Kil'ayim and Shevi'is to the
(b) There is no Chazakah on ...
1. ... Orlah or Kil'ayim - because they are forbidden to be eaten (so the
owner does not care to make a Mecha'ah on them).
(c) Rabeinu Chananel's version of the Tana's ruling is - that Orlah,
Kil'ayim and Shevi'is are subject to Chazakah (though we reject his
2. ... Shevi'is - because it is Hefker (and the owner does not bother there
(a) Shachas, as we already learned, is crops that have only partially grown,
and are as yet only fit for animals to eat.
(b) Rav Yosef rules 'Achlah Shachas Lo Havi Chazakah' - because this is not
the way people make a Chazakah (and what's more, the very fact that he
harvests the crops before they are ripe indicates that he is attempting to
steal the field and that he is afraid to make a proper Chazakah.
(c) Nevertheless, Rava rules that. in the valley of Mechuza, it would be a
Chazakah - since the residents of Mechuza, who were extremely wealthy, owned
many animals, whom they would regularly feed Shachas.
(a) Rav Nachman makes a statement 'Tafticha Lo Havya Chazakah'. According to
Rabeinu Chananel, this refers to a field which the Machzik did not plow, and
some sort of natural furrow appeared after it had rained, the wind had blown
and the sun shone. Rav Nachman might also have been referring to - an open
field that is full of cracks and does not produce fruit. Consequently, the
owner does not care to make a Mecha'ah on it.
(b) 'Apik Kura ve'Ayil Kura' means - that one sows a Kur of seeds and only a
Kur grows, meaning that there is no profit ...
(c) ... which explains why here too, the owner does not care to make a
(a) The reason that ...
1. ... the family of the Resh Galusa cannot establish a Chazakah on the
fields of others is - because to the fear that he evokes in people, they are
afraid to make a Mecha'ah.
(b) We reject the explanation - that they were so busy seeing to their
business affairs, that they did not know what was happening to their
property (and so were unable to make a Mecha'ah).
2. ... others not establish a Chazakah on the fields of the Resh Galusa -
because the latter, who owned a lot of land, were pleased when someone took
over their land and looked after it, so they would deliberately refrain from
making a Mecha'ah. Neither were they afraid of someone making a Chazakah on
their land, because they knew that they would have no trouble in retrieving
it by force if necessary.
(a) When Resh Lakish says 'ha'Godros Ein Lahem Chazakah', he means - that
the regular Chazakah of ownership that applies to Metaltelin (which will now
be explained) does not apply to anything which moves under its own steam,
because it might have wandered on its own into the defendant's field, or the
latter might have found it wandering around in the street and taken it into
(b) One is also not believed to say 'Laku'ach Hu be'Yadi' ('I bought it from
you!') by Metaltelin - which people tend to lend or to rent out.
(c) Rava reconciles Resh Lakish's ruling with our Mishnah, which lists
Avadim (which also move on their own) among the things that are subject to
Chazakah - by drawing a distinction between the Chazakah currently under
discussion which takes place immediately, and the three-year Chazakah of
Karka discussed by our Mishnah.
(d) Rava confines Resh Lakish's ruling to an Eved who is at least able to
walk, but precludes a baby Eved in his cot (who is subject to Chazakah) We
might have thought otherwise - because he may have been carried into the
Machzik's Reshus by his mother, who forgot him there.
(e) We refute that contention however - on the grounds that a mother does
not forget her baby.
(a) Some goats ate Chushli - peeled barley that one would spread out in the
field to absorb the sun, in someone's field in Neherda'a.
(b) The owner of the Chushli - seized the goats as a security against the
claim he had on their owner that fat exceeded the value of the goats.
(c) Shmuel's father ruled - that the Nizak was only believed to claim as
much as the goats were worth, because he had a 'Migu' (that he could have
claimed that he had purchased them from him).
(d) We reconcile this with Resh Lakish's principle 'ha'Godros Ein Lahem
Chazakah' - by diffentiating between other animals and goats, which (because
they are wild), would be handed to a shepherd, and would therefore not be
able to stray into someone's field, or to be found wandering in the street
and taken into his possession.
(e) Neither are we afraid that in the morning when the animals would
customarily make their own way to the shepherd, or in the evening, when they
would make their own way home from the town-centre, that they strayed into
the Machzik's field (in which case he could not be believed when he claimed
that he had purchased them?) - due to the fact that in Neherda'a, there were
a lot of Arabs who would steal the animals if they allowed to go
unaccompanied in the streets.
(a) We learned in our Mishnah that, with regard to a Sadeh Beis ha'Ba'al,
Rebbi Yishmael requires only eighteen months to establish a Chazakah,
whereas Rebbi Akiva requires fourteen months. We suggest that perhaps the
basis of their Machlokes is whether Nir (plowing) constitutes a Chazakah or
not - Rebbi Akiva considers plowing as a Chazakah, whereas according to
Rebbi Yishmael, a Chazakah can consists exclusively of eating the fruit.
(b) We reject this suggestion on the grounds - that Rebbi Akiva would not
then require fourteen months, but twelve months and two days (since plowing
a field does not take longer than a day).
(c) We therefore conclude that even according to Rebbi Akiva, plowing does
not constitute a Chazakah, and the basis of their Machlokes is - whether a
Chazakah comprises a full harvest (e.g. barley, oats and lentils, that grow
in three months [Rebbi Yishmael]), or whether even picking Shachas (or the
vegetable harvest) will suffice (Rebbi Akiva).
(a) We learned in a Beraisa that plowing does not constitute a Chazakah.
Yesh Omrim say 'Harei Zeh Chazakah'.
(b) We establish 'Yesh Omrim' in this case as Rebbi Acha, who disputes the
Tana Kama's opinion in another Beraisa. There he says - that leaving a field
fallow one year (which means that he plowed it but did not sow it), sowing
it one year, and leaving it fallow the third year, constitutes a Chazakah.
(c) He substantiates his opinion - by citing all the Gedolei ha'Dor, whose
opinion he sought, and who told him that 'Nir Havi Chazakah'.
(d) Rav Bibi attributed Rav Acha's ruling to the fact that a person would
not remain silent whilst a stranger plowed his field. The Rabbanan would
counter that - by arguing that, on the contrary, the owner would be only too
happy to let him break his plow on his field in the process of softening his
earth, before taking his field back for sowing.
(a) When Rav Nachman bar Rav Chisda, in reply to a She'eilah from the people
of Pum Nahara, cited Rebbi Acha and all the Gedolei ha'Dor who hold 'Nir
Havi Chazakah', Rav Nachman - with a statement that his list was no big
deal, seeing as Rebbi Yishmael and Rebbi Akiva in our Mishnah, as well as
Rav and Shmuel in Bavel, all hold that plowing does nor constitute a
(b) Rav Yehudah Amar Rav, commenting on the opinions of Rebbi Yishmael and
Rebbi Akiva in our Mishnah, concludes - that the Chachamim require three
full years from day to day (from which Rav Nachman extrapolates that Rav
holds that plowing is not a Chazakah).
(c) We know that, in the opinion of the Rabbanan, plowing does not
constitute a Chazakah - because if they disagree with the Chazakah of 'Peira
Rabah and Peira Zuta' of Rebbi Yishmael and Rebbi Akiva, then they certainly
disagree with that of plowing (which even Rebbi Yishmael and Akiva disagree
with [though in any event, if plowing constitutes a Chazakah, then one year
and two days would suffice, as we learned earlier]).
(d) The basic difference between Rebbi Yishmael and Rebbi Akiva on the one
hand, and the Rabbanan on the other, is based on their respective reasons
for Chezkas Shalosh Shanim - which has to do with the owner not having made
a Mecha'ah, according to the former, and with the Machzik not being required
to keep his Sh'tar more than three years, according to the latter.
(a) Rav Yehudah Amar Shmuel quotes the Rabbanan who disagree with Rebbi
Yishmael and Rebbi Akiva as saying - that they require three full harvests
of dates, grapes or olives (which normally constitutes three years).
(b) Seeing as either way, the Rabbanan require three full years for a
Chazakah, Rav and Shmuel appear to be saying the same thing. Abaye
therefore explains the Machlokes between Rav and Shmuel with respect to the
dates that grow on a Dekel Na'arah (a young date-palm), which are ready to
harvest before the end of the year. According to Shmuel therefore, this will
constitute a Chazakah (seeing as the Machzik has picked three harvests of
dates), whereas according to Rav, who requires three full years, it will
(c) Rabeinu Chananel explains this quite differently. According to him,
'Dekel Na'arah' means a date-palm that sheds its dates - which is not a
Chazakah according to Shmuel (since the Machzik does not harvest the fruit),
though it is according to Rav (since three years have passed).
(a) According to a second Lashon, 'Dekel Na'arah' is the equivalent of a
'Dekel D'yuperin', meaning - a date-palm which produces two crops annually.
(b) According to Shmuel - the Rabbanan consider the Chazakah effective after
one and a half years (after three crops have been picked), whereas according
to that of Rav, they do not, because a Chazakah in any case, requires three
(a) Abaye states that, according to the Rabbanan (in the opinion of Shmuel)
if Reuven establishes a Chazakah on ten out of thirty trees in a field the
size of three Beis-Sa'ah (ten trees per Beis-Sa'ah) one year, a second ten,
in the second year, and the third ten, in the third year - it is considered
a Chazakah on all thirty trees.
If there were ...
(b) And he extrapolates this from Rebbi Yishmael, who says in our Mishnah -
that if Reuven establishes a Chazakah on produce, olives and figs in one
year, it is as if he had established a three-year Chazakah.
(c) Abaye learns the one from the other - on the grounds that Rebbi Yishmael
only argues with the Rabbanan inasmuch as where they require three years, he
suffices with three crops in one year. Conversely however, whatever Rebbi
Yishmael considers a Chazakah in one year, the Rabbanan consider a Chazakah
(d) This Chazakah requires two further details in order to be effective.
When we say that ...
1. ... they did not produce fruit, we mean - that the twenty trees that did
not participate in the Chazakah did not produce fruit that year (because if
they did, and Reuven did not benefit from them, there would be no Chazakah).
This is possible, explains Rabeinu Chananel, in a case of 'B'nos Shu'ach' (a
wild fig-tree, that only produces fruit once every three years).
2. ... they are spread out, we mean that - the ten trees that did produce
fruit, and which Reuven picked, were spread evenly in each of the three
Beis-Sa'ah (three in one, three in the other and four in the third).
1. ... ten trees in an area that was less than a Beis-Sa'ah - the Chazakah
would not take effect, since due to the compact space (which renders the
field more like a forest), this is not the way that people make a Chazakah
in a field.
2. ... less than ten trees in a Beis-Sa'ah - the Chazakah would not be
effective on the entire either, though it would acquire the trees, together
with the amount of land that each tree needs.