POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 41
BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) CHAZAKAH NEEDS A CLAIM
(a) (Mishnah): A Chazakah without a claim is invalid:
1. Reuven: What are you doing in my field?
(b) An heir does not need a claim.
2. If Shimon says '(I have been here three years,) no
one told me 'This is my field'', his Chazakah is
3. If he says you (or your father) gave or sold it to
me, his Chazakah is valid.
(c) (Gemara) Objection: Obviously, if Shimon has no claim why
the land is his, this is not a Chazakah!
(d) Answer: One might have thought, Shimon really bought it
and lost the document;
1. He did not say that, for he fears that Reuven will
demand to see the document (Shimon does not know the
law of Chazakah);
(e) Rav Anan's land was flooded, the boundaries were washed
away. He rebuilt the wall on his neighbor's property.
Rabah told him to return to the original border.
2. Perhaps we should ask Shimon if this is so, this is
"Pesach Picha l'Ilem" - the Mishnah teaches, we do
not do so.
1. Rav Anan: But I was Machzik!
(f) Also Rav Kahana's land was flooded, he rebuilt the wall
on his neighbor's property. The case came before Rav
Yehudah. One witness said that he took (the width of) two
rows of his neighbor's property, the other witness said
2. Rav Nachman: You think that the Halachah follows R.
Yehudah and R. Yishmael, that in front of the
original owner one becomes Muchzak immediately? The
Halachah is not like them!
3. Rav Anan: I can prove that he helped me build the
wall (surely, this shows that he conceded to me all
the property on my side)!
4. Rav Nachman: He erred, he thought that it really was
i. You yourself would not have built the wall on
his side unless you erred!
1. Rav Yehudah: You must return two rows.
(g) Shimon was living in the attic of Levi's house for four
2. Rav Kahana: Do you rule like R. Shimon ben Elazar?
i. (Beraisa - R. Shimon ben Elazar): Beis Hillel
and Beis Shamai agree that if one pair of
witnesses says that Reuven owes 100, and the
other says that he owes 200, he must pay 100
(for all agree that he owes at least 100);
3. Rav Kahana: I can bring you a letter from Eretz
Yisrael that the Halachah is not like R. Shimon ben
Elazar (rather, Beis Hillel agree that Reuven is
ii. They argue when one witness says 100, the other
200: Beis Shamai consider this contradictory
testimony (and Reuven is exempt), Beis Hillel
obligate him to pay 100.
4. Rav Yehudah: Until you bring such a letter, you must
return the property.
1. Levi: What are you doing in my house?
(h) Support (for R. Chiya - Rava - Mishnah): An heir does not
need a claim.
2. Shimon: I bought it from Ploni, who bought it from
3. R. Chiya: Shimon's Chazakah is valid only if he can
prove that Ploni lived there for at least one day.
4. Rav: Doesn't a person sometimes buy and sell the
5. (Rav): I could see that (R. Chiya held that) if
Shimon would claim that he saw Ploni buy from Levi,
he would be believed, Migo that he could have said
'I bought it from Levi''.
1. Inference: He does not need a claim, but he needs a
proof (that the one he inherited from lived there
for a day)!
(i) Rejection #1: Perhaps he does not need a claim nor a
(j) Rejection #2: Perhaps a buyer is different, he does not
spend money for nothing (surely, Shimon would not have
bought from Ploni unless Ploni was living there).
(k) Question: What if people saw Ploni on the property (but
not living there) for a day?
(l) Answer #1 (Abaye): That is just as good as living there.
(m) Answer #2 (Rava): No, perhaps Ploni considered buying it,
but never did!