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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 53

BAVA BASRA 52 & 53 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.


(a) Rav asked whether the acquiring of a gift not in the presence of the owner also requires 'Lech Chazek u'Keni'. Shmuel did not consider this She'eilah relevant.
Why not? Why is it obvious to Shmuel that a gift is worse than a sale, in this regard?

(b) How does Rav counter this? Why might it even be better?

(c) Does this mean that Shmuel doesn't hold of the S'vara 'Nosen, be'Ayin Yafah Hu Nosen' ('When someone gives a gift, he gives it generously)?

(d) How does Shmuel interpret the Tana of the Beraisa's Lashon 'Kol she'Hu', with regard to ...

  1. ... Gadar?
  2. ... Paratz?
(a) Why can 'Gadar Kol she'Hu' not be referring to a case where an intruder ...
  1. ... could not have clambered over the wall (due to the angle of the wall, or because it was built on a slope), even before he built it higher?
  2. ... was previously able to clamber over the wall with great effort, and now he could not do so at all?
(b) Then to which case does it refer?

(c) Would it them make any difference if after he heightened the wall, it was still less than ten Tefachim?

(d) By the same token, how do we interpret 'Paratz Kol-she'Hu'?

(a) How will we now explain 'Na'al Kol-she'Hu' in the same way (or slightly differently)?

(b) Why is locking the door not considered a Chazakah by the property of a Ger who died?

(c) A hirer is Koneh when he is merely handed the keys of the apartment (a prerequisite to locking or unlocking the door).
In which regard does the Gemara in Pesachim present this Halachah?

(d) Assuming that this ruling extends to Reuven selling his apartment to Shimon, why does it not apply to Gezel ha'Ger?

(a) What does Rebbi Asi Amar Rebbi Yochanan say about placing a clod of earth into a hole in a wall surrounding a field, or about removing one?

(b) What area of Chazakah is Rebbi Asi talking about?

(c) Why can Shimon not have had in mind merely to prevent water from entering the field, or to drain the water that had already accumulated there, respectively?

(d) Then what did he have in mind?

Answers to questions



(a) What does Rebbi Asi Amar Rebbi Yochanan say about Shimon, who makes a Chazakah on one of two fields which are divided by a border?

(b) What would be the Din ...

  1. ... in a case where no border divided between the two?
  2. ... if Shimon expressly intended to acquire both fields with the one Kinyan?
  3. ... if he intended to acquire the second field with the Kinyan on the first?
(c) Why will the previous ruling (i.e. where he intended to acquire both fields with the one Kinyan) not extend in a case where Shimon was purchasing them from Reuven?

(d) Rebbi Zeira asks whether the same ruling will apply if Shimon intended to acquire the border, as well as the second field.
What are the two sides of the She'eilah? Why might he ...

  1. ... then acquire the second field as well?
  2. ... not acquire it even then?
(a) Assuming that in the previous case, Shimon does not acquire the border, Rebbi Elazar asks what the Din will be if he makes a Kinyan on the border, with the intention of acquiring the fields too.
Why might he acquire them, even assuming that in the previous case, he does not acquire the border? To what case might we compare it?

(b) Why on the other hand, might they not be comparable?

(c) Why did Rebbi Yochanan then not teach us this case (which would have been a bigger Chidush [rather than the reverse case])?

(d) We conclude Rebbi Zeira's She'eilah with 'Teiku' ('Tishbi Yetaretz Kushyos ve'Iba'ayos').
How do we conclude Rebbi Elazar's She'eilah?

(a) With regard to acquiring a room within a room, what does Rav Nachman Amar Rabah bar Avuhah say about someone making a Kinyan on ...
  1. ... the outer room with the intention of acquiring the inner room as well?
  2. ... the inner room with the intention of acquiring the outer room as well?
(b) What does Rav Nachman Amar Rabah bar Avuhah say about a case where Reuven builds a large mansion on property of a Ger who died, and Shimon puts in the doors? Who acquires the property?

(c) Rav Dimi bar Yosef Amar Rebbi Elazar says that someone who adds 'Siyud ve'Kiyud' to the completed mansion of a Ger who died, acquires it.
What is ...

  1. ... 'Siyud'?
  2. ... 'Kiyud'?
(d) Rav Yosef explains that the Shiur of Siyud and Kiyud is one Amah square.
How does Rav Chisda qualify this ruling?
(a) What did Rav Chisda quote Rav as saying, with regard to placing mats in the property of a Ger who died?

(b) Rav proved this from the Beraisa regarding the Kinyan of Avadim.
What does the Tana say about an Eved tying or untying Shimon's shoes, dressing or undressing him or bathing him?

(c) Will he also acquire the Eved if he anoints him, scratches him, or dresses him?

(d) What does the Tana Kama add to this list?

(a) Rebbi Shimon comments that Hagbahah should not be any worse than Chazakah, since it acquires everywhere.
What does he mean by 'everywhere'?

(b) Rebbi Shimon seems to be echoing the words of the Tana Kama.
What must the Tana Kama therefore mean when he says 'Higbi'ho'?

(c) In which point does Rebbi Shimon now argue with him?

(a) What does Rav now extrapolate from the Tana Kama? What might we otherwise have thought?

(b) What do we learn from the Pasuk in Eikev "vi'Yerishtem Osam vi'Yeshavtem Bam" (or from a similar Pasuk in Yirmiyah)?

Answers to questions

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