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 46
BAVA BASRA 46 & 47 - dedicated by Reb Gedalia Weinberger of New York, an
Ohev Torah and Marbitz Torah whose tireless efforts on behalf of Klal
Yisroel have produced enormous benefits for the Lomdei Hadaf over the years.
1) RABAH IS REFUTED
(a) Question (Rav Nachman bar Yitzchak - Mishnah): A
craftsman does not get a Chazakah.
2) ONE WHO GETS BACK THE WRONG GARMENT
1. Inference: Someone else gets a Chazakah!
(b) This refutes Rabah.
2. Question: What is the case?
i. If witnesses saw that the object was deposited,
why should someone else get a Chazakah?!
3. Answer: Rather, there aren't witnesses that saw the
object deposited, and even so a craftsman does not
get a Chazakah!
(a) (Beraisa): Reuven took back his garment from the
craftsman, and saw that it is someone else's. Reuven may
use it until the owner comes for it;
3) A SWINDLING CRAFTSMAN
1. If he took back someone else's garment from a
mourner's house or a drinking house, he may not use
(b) Question: What is the difference between the cases?
(c) Answer (Rav citing R. Chiya): A person often tells a
craftsman to sell his garment. (Rashbam - We assume that
Ploni did so, and the craftsman mistakenly sold Reuven's,
and knowingly gave Ploni's garment to Reuven until he can
get Reuven's garment back to him; Tosfos - he intended
that Reuven keep Ploni's garment in place of his own.)
(d) (R. Chiya brei d'Rav Nachman): This is only if the
craftsman returned another's vessel, not if the
craftsman's wife or children did so;
1. Even when the craftsman returns it, this is only
when he said '(Take the) garment' - but if he said
'your garment', no (surely, he thinks he is
(a) (Abaye): A ruse of swindlers of Pumbedisa: Shimon claims
his garment from Levi (a swindling craftsman), who denies
having ever received it.
1. Shimon: I have witnesses that saw it by you, it is
mine! (The witnesses are unsure about this.)
2. Levi: That was another's garment.
(b) (Rava): Levi justifiably refuses! The Beraisa says that
Shimon gets his garment only if witnesses saw it (and
knew that it was Shimon's) by the craftsman.
3. Shimon: Show it, we will see whose it is!
4. Levi: I refuse.
(c) (Rav Ashi): If Shimon is clever, he will induce Levi to
show it: he will say (in private), you are holding it
because I owe you - let us have experts appraise it, you
will get what I owe you, I will get what is mine (i.e.
4) CHAZAKAH OF A SHARECROPPER
(d) (Rav Acha brei d'Rav Avya): Levi can say, I already had
it appraised (it is not worth more than you owe me).
(a) (Mishnah): A sharecropper gets no Chazakah.
5) FACTORS THAT MAKE ONE IMPARTIAL
(b) Question: Why is this? Formerly, he only received a
portion of the produce; now that he has taken all the
produce for three years, this shows that he owns the
(c) Answer (R. Yochanan): The case is, his family has always
been sharecroppers on the field. (It is common for such
sharecroppers to eat all the produce for some years, and
then the owners it all in other years.)
(d) (Rav Nachman): If a sharecropper hired sharecroppers to
work the field (by themselves for three years), he has a
1. If an owner saw someone else appoint sharecroppers
over his field, he would speak up!
(e) (R. Yochanan): If a sharecropper hired sharecroppers to
help him work the field, he gets no Chazakah;
1. Perhaps the owner authorized him to do so.
(a) Question (Rav Nachman bar Rav Chisda): Can a sharecropper
testify about who owns the field (or is he considered
(b) Answer (Rav Yosef): Shmuel said that he can.
(c) Question (Beraisa): He cannot testify.
(d) Answer: The Beraisa is when the fruit is still in the
field (the sharecropper did not yet get his share, he
would gain from his testimony), Shmuel's law is when he
already took his share.
(e) (Beraisa): An Arev (cosigner) can testify that the
borrower owns a certain land (e.g. someone else claims
1. This is only if the borrower owns other land
(sufficient to pay the debt, so in any case the Arev
does not expect that he will not have to pay).
(f) The lender can testify that the borrower owns a certain
1. This is only if the borrower owns other land.
(g) If Reuven bought land from Levi, and then Shimon bought
from Levi, Reuven can testify that Levi truly owned what
he sold to Shimon, only if Levi has other land. (If not,
Reuven gains from his testimony: Tosfos - in case it will
turn out that Reuven bought stolen land, he will be able
to get back what he paid from Shimon's land; Rashbam - it
causes that Levi's creditor will collect Shimon's land,