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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 38


(a) What do the Neherda'i say about Shimon, who acquires a date-palm from Reuven?
How much land does he acquire depth-wise?

(b) Rava objects to this because Reuven can say 'Kurkema de'Rishka Zevini Lach, Akor Kurkema de'Rishka'.
What does he mean by that? What is a 'Kurkema de'Rishka'?

(a) How does Rava therefore amend the Neherda'i's statement?

(b) Assuming that Reuven sold Shimon the tree only, what must he do to ensure that the latter does not come after three years and claim that he sold him the ground too?

(c) And how does Rava prove his point?

(a) Into which three areas is Eretz Yisrael divided regarding Chazakah?

(b) What are the ramifications of this sub-division?

(c) Rebbi Yehudah has a different viewpoint regarding the three years of Chazakah.
Why, according to him, did Chazal institute three years?

(d) What would Rebbi Yehudah hold if the owner were closer to home than Spain? Why is that?

(a) What is a 'Mecha'ah she'Lo be'Fanav'?

(b) What problem do we have with the Tana Kama, assuming that 'Mecha'ah she'Lo be'Fanav ...

  1. ... Havya Mecha'ah'?
  2. ... Lo Havya Mecha'ah'?
(c) Rebbi Aba bar Mamal concludes that, according to the Tana Kama, 'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'.
What is then the significance of the three areas? How would the Din differ if for example, the owner was in a different town in Yehudah?

(d) When will two towns in one area share the same stringency as one area to another?

Answers to questions



(a) What does Rav Yehudah Amar Rav mean when he says 'Ein Machzikin be'Nechsei Bore'ach'? What is 'Nechsei Bore'ach'?

(b) What did Rav Yehudah do when his Rebbe Rav died?

(c) On what grounds did Shmuel object when Rav Yehudah told him what Rav had said?

(d) How Do we reconcile Rav with his own statement 'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'?

(a) In the second Lashon, Rav issues the statement 'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'.
Why can Reuven (the Machzik) not claim that he failed to make a Mecha'ah because he did not know that Shimon was establishing a Chazakah on his field?

(b) Is there any reason why Rav talks about a Bore'ach? Is there any difference between a Bore'ach and anybody else who is not in the same town as the Machzik?

(c) Shmuel queries why Rav needs to say this, seeing as he has already said it before.
How will Rav answer this Kashya? Why does he find it necessary to repeat it?

(d) Shmuel disagrees, as Rav Anan explained. According to him, a Mecha'ah in front of witnesses who are unable to inform the Machzik is not a Mecha'ah (and the Chazakah of the Machzik is therefore not valid either).
Why does Rav say that it is?

(a) The Yerushalmi adopts the first Lashon in Rav ('Ein Chazakah le'Bore'ach ve'Ein Machzikin me'Eretz le'Eretz').
What does Shmuel say?

(b) How does Rav Nachman go on to prove Shmuel's opinion from a Pasuk in Melachim, where the King ordered his servant to return to the woman all the property that she had lost to the Machzik after having fled (see Maharsha)?

(a) What is the problem with Rava statement 'Hilchesa Ein Machzikin be'Nechsei Bore'ach, u'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'?

(b) How do we establish the ruling 'Hilchesa Ein Machzikin be'Nechsei Bore'ach' in order to resolve the discrepancy?

(c) So when will Rava agree that 'Machzikin be'Nechsei Bore'ach'?

(a) 'Pelanya Gazlana Hu', says Rav Z'vid, does not constitute a Mecha'ah.
What sort of Mecha'ah is Rav Z'vid talking about?

(b) Why is this not considered a good Mecha'ah?

(c) What must the owner definitely add, for such a Mecha'ah to be effective?

(d) Why, according to Rabeinu Chananel, is the Mecha'ah still not effective, until he adds 'u'le'Machar Tava'ana Leih le'Diyna'?

(e) How else might we interpret this conclusive phrase of Rav Z'vid's statement?

Answers to questions

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