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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. Why is that?

(b) Why would some people build a wall within the borders of their field, leaving some land outside the wall?

(c) According to Rav Yehudah, one cannot establish a Chazakah on that section of land.
Why not?

(a) Rav Yehudah rules that there is no Chazakah if someone eats Orlah. A Beraisa corrobotates this.
Which two other items does the Beraisa add to the list?

(b) Why is there no Chazakah on ...

  1. ... Orlah and Kil'ayim?
  2. ... Shevi'is?
(c) What is Rabeinu Chananel's version of the Tana's ruling?
(a) What is Shachas?

(b) Why does Rav Yosef say 'Achlah Shachas Lo Havi Chazakah'?

(c) Why does Rava say that if this were to happen in the valley of Mechuza, it would be a Chazakah?

(a) Rav Nachman states that 'Tafticha Lo Havya Chazakah'. According to Rabeinu Chananel, this refers to a field which the Machzik did not plow, and some sort of furrow appeared after naturally after it had rained, the wind blew and the sun shone.
What else might Rav Nachman mean? Why is it not then a Chazakah?

(b) What does 'Apik Kura ve'Ayil Kura' mean?

(c) Why is it not considered a Chazakah?

(a) Why can ...
  1. ... the family of the Resh Galusa not establish a Chazakah on the fields of others?
  2. ... others not establish a Chazakah on the fields of the Resh Galusa?
(b) Which explanation of the latter case do we reject?
(a) What does Resh Lakish mean when he says 'ha'Godros Ein Lahem Chazakah?
What sort of Chazakah is he talking about?

(b) By which Metaltelin is one also not believed to say 'Laku'ach Hu be'Yadi' ('I bought it from you!')?

(c) How does Rava reconcile Resh Lakish's ruling with our Mishnah, which lists Avadim (which also move on their own) among the things that are subject to Chazakah?

(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). Why might we have thought otherwise?

(e) On what grounds do we then refute that contention?

(a) Some goats ate Chushli in someone's field in Neherda'a.
What is 'Chushli'?

(b) What did the owner of the Chushli subsequently do?

(c) What did Shmuel's father rule?

(d) How do we reconcile this with Resh Lakish's principle 'ha'Godros Ein Lahem Chazakah'?

(e) Why are we not 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-center, they strayed into the Machzik's field (in which case he could not be believed when he claimed that he had purchased them?)

(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. We suggest that perhaps the basis of their Machlokes is whether Nir constitutes a Chazakah or not.
What do we mean by that? What is 'Nir'?

(b) On what grounds do we reject this suggestion? Why would Rebbi Akiva not then require fourteen months?

(c) We therefore conclude that even according to Rebbi Akiva, plowing does not constitute a Chazakah.
Then what is the basis of their Machlokes?

Answers to questions



(a) We learned in a Beraisa that plowing does not constitute a Chazakah. What do Yesh Omrim say?

(b) We establish 'Yesh Omrim' in this case as Rebbi Acha, who disputes the Tana Kama's opinion in another Beraisa.
What does Rebbi Acha say? In which case does he argue with the Tana Kama?

(c) How does he substantiate his opinion?

(d) Rav Bibi attributed Rav Acha's ruling to the fact that a person would not remain silent whilst a stranger plowed his field.
How would the Rabbanan counter that?

(a) How did Rav Nachman respond 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'?

(b) What statement did Rav Yehudah Amar Rav (citing the Chachamim) make from which Rav Nachman extrapolates that Rav holds that plowing is not a Chazakah?

(c) How do we know in the opinion of the Rabbanan, plowing does not constitute a Chazakah?

(d) The basic difference between Rebbi Yishmael and Rebbi Akiva on the one hand, and the Rabbanan on the other, has to do with their respective reasons for Chezkas Shalosh Shanim.
What are their respective reasons?

(a) How does Rav Yehudah Amar Shmuel quote the Rabbanan who disagree with Rebbi Yishmael and Rebbi Akiva?

(b) Seeing as either way, the Rabbanan require three full years for a Chazakah, Rav and Shmuel appear to be saying the same thing.
How does Abaye therefore explain the Machlokes between Rav and Shmuel in the way they interpret the Rabbanan? What are then the respective opinions of Rav and Shmuel with respect to the dates that grow on a young date-palm?

(c) Rabeinu Chananel explains this quite differently. According to him, 'Dekel Na'arah' means a date-palm that sheds its dates.
How does he then explain the respective opinions of Rav and Shmuel?

(a) According to a second Lashon, 'Dekel Na'arah' is the equivalent of a 'Dekel D'yuperin'.
What does this mean?

(b) According to Rav, the Chazakah is not effective, because a Chazakah in any case, requires three years.
What do the Rabbanan hold, according to Shmuel?

(a) What does Abaye say about Reuven, who 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, according to the Rabbanan (in the opinion of Shmuel)?

(b) And he extrapolates this from Rebbi Yishmael in our Mishnah? What did Rebbi Yishmael say that serves as a basis for Abaye's observation?

(c) On what grounds does Abaye learn the one from the other?

(d) This Chazakah requires two further details in order to be effective.
What do we mean when we say that ...

  1. ... they did not produce fruit?
  2. ... they are spread out?
14) What would be the Din, regarding Chazakah, if there were ...
  1. ... ten trees in an area that was less than a Beis-Sa'ah?
  2. ... less than ten trees in a Beis-Sa'ah?
Answers to questions

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