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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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) How long does it take to make a Chazakah on ...
  1. ... a house or on a pit, a trench or a cave?
  2. ... a dove-cote, a bath-house, an oil-press or a Sadeh Beis ha'Shalachin?
(b) What common principle governs all of the above?

(c) What formality does the Chazakah dispense with?

(d) How does it then work?

(a) What is a Sadeh Beis-ha'Ba'al?

(b) Why does its Chazakah not require a full three years?

(c) According to Rebbi Yishmael, to prove oneself the owner of a Beis-ha'Ba'al requires eighteen months.
How does this work?

(d) What does Rebbi Akiva say?

(a) According to Rebbi Yishmael, the above Halachos pertain specifically to a Sadeh Lavan.
What is a Sadeh Lavan?

(b) What will the Din be in the case of a Sadeh Ilan?

(c) Rebbi Yochanan heard from the Holchei Usha that they learned the Din of Chezkas ha'Batim ... , from a Shor ha'Mu'ad.
What exactly, do they learn from there?

(d) Seeing as there, one only pays full damages after the ox has gored a fourth time, why is a Chazakah then established after three years, and not four?

Answers to questions



(a) What does the Mishnah later say about a Chazakah she'Ein Imah Ta'anah?
What is a 'Chazakah she'Ein Imah Ta'anah'?

(b) If we learn the Din of Chazakah from Shor ha'Mu'ad, why is it not effectivein the case of a Chazakah she'Ein Imah Ta'anah?

(c) The effectiveness of a Chazakah is based on the fact that if the original owner did not sell his field to the Machzik, then he should have made a Mecha'ah.
What is 'a Mecha'ah'?

(a) Does a Mecha'ah need to be made in the presence of the Machzik?

(b) Can a Shor become a Mu'ad not in the presence of the ox and its owner?

(c) Seeing as the Holchei Usha learn Chazakah from a Shor Mu'ad, how do they explain the fact that on the ...

  1. ... one hand, a Shor Mu'ad requires warning in the owner's presence?
  2. ... other, the Machzik does not?
(a) What does Rebbi Meir say about an animal that gores three times in one day?

(b) According to Rebbi Meir, why will the Machzik not acquire the field if he eats for example, three lots of ...

  1. ... figs in one day?
  2. ... fruit of the caper-bush in three days (some say in one)? What makes this case slightly different than the previous case?
(c) Why will he not acquire the field if he picks three produces Aspasta (a sort of animal fodder that grows quickly) in one month?

(d) And what will be the Din if he eats three produces in *three* months?

(a) The Rabbanan of Rebbi Yishmael (Holchei Usha) clearly have a different source for the Chazakah of Karka. Initially, we cite that source as the Pasuk in Yirmiyah "Sados ba'Sefer Yiknu ve'Chasuv ve'Chasum ... ".
How might the Rabbanan learn Chazakah from there? In which year of Chizkiyah ha'Melech's reign was this said, and which year was the Navi referring to?

(b) How does Abaye reject this Pasuk as a possible source?

(c) How does he prove his point from the continuation of the Pasuk "Banu Batim ... "?

(d) And what else does the Pasuk there say that bears this out still further?

Answers to questions

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