Search

Bava Batra 30

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Rina Bar David in loving memory of Daniel Natan ben Yocheved and Binyamin.

A debate between Rav Nachman and Rava is brought to contradict their ruling in the previous case. However, distinctions are made between the two cases and they conclude that there are no inconsistencies in their positions. Rava rules that if the original owner did not protest within three years of possession because they were out of town, and even when they were in town, they were busy with their business, their claim is accepted and there is no presumption of ownership for the possessor. Four cases are brought where the possessor claims presumption of ownership as they purchased the land and then lived there for three years. In each case, the original owner claims the seller had stolen the land and wasn’t the rightful owner. Each case varies slightly from the previous one. Rava ruled in each of these cases, usually siding with the one who claimed it was stolen property.

 

Today’s daily daf tools:

Bava Batra 30

דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: כׇּל נִכְסֵי דְּבֵי בַּר סִיסִין – מְזַבֵּינָא לָךְ. הֲוַאי הָהִיא אַרְעָא דַּהֲוָה מִיקְּרֵי ״דְּבֵי בַּר סִיסִין״. אֲמַר לֵיהּ: הָא לָאו דְּבֵי בַּר סִיסִין הִיא, וְאִיקְּרוֹיֵי הוּא דְּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״. אֲתוֹ לְקַמֵּיהּ דְּרַב נַחְמָן, אוֹקְמָא בִּידָא דְלוֹקֵחַ. אֲמַר לֵיהּ רָבָא: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ עָלָיו הָרְאָיָה!

who said to another: I am hereby selling to you all of the property that I own of the house of bar Sisin. There was a certain parcel of land that was called: Of the house of bar Sisin. The seller said to the buyer: This parcel of land that I own is not actually of the house of bar Sisin, and it is merely called: Of the house of bar Sisin, and it is not included in the sale. They came before Rav Naḥman for judgment, and he established the land in the possession of the buyer. Rava said to Rav Naḥman: Is this the halakha? Isn’t the halakha that the burden of proof rests upon the claimant, and the land should remain in the possession of the seller?

קַשְׁיָא דְּרָבָא אַדְּרָבָא, קַשְׁיָא דְּרַב נַחְמָן אַדְּרַב נַחְמָן.

The Gemara continues: There is a difficulty from one statement of Rava to another statement of Rava, and there is also a difficulty from one statement of Rav Naḥman to another statement of Rav Naḥman, as in the first case, where the claimant states that he had been in a distant location, Rav Naḥman ruled in favor of the claimant, and Rava ruled in favor of the possessor; while in the second case, that of the property of bar Sisin, their opinions were reversed.

דְּרָבָא אַדְּרָבָא לָא קַשְׁיָא – הָתָם מוֹכֵר קָאֵי בְּנִכְסֵיהּ, הָכָא לוֹקֵחַ קָאֵי בְּנִיכְסֵיהּ.

The Gemara answers: The contradiction between one statement of Rava and another statement of Rava is not difficult, because there, in the case of the property of bar Sisin, the seller had been established as having the land in his property, which is why Rava rules in his favor. But here, in the case where the claimant states that he had been in a distant location, the buyer is established as having the house in his property.

דְּרַב נַחְמָן אַדְּרַב נַחְמָן נָמֵי לָא קַשְׁיָא – כֵּיוָן דַּאֲמַר לֵיהּ: דְּבֵי בַּר סִיסִין, וּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״, עֲלֵיהּ דִּידֵיהּ רַמְיָא לְגַלּוֹיֵי דְּלָאו דְּבֵי בַּר סִיסִין הִיא; אֲבָל הָכָא, לֹא יְהֵא אֶלָּא דְּנָקֵיט שְׁטָרָא – מִי לָא אָמְרִינַן לֵיהּ: קַיֵּים שְׁטָרָךְ וְקוּם בְּנִיכְסֵי?

The contradiction between one statement of Rav Naḥman and the other statement of Rav Naḥman is not difficult as well, because there, since the seller said to him: I am hereby selling you all of the property that I own of the house of bar Sisin, and this parcel of land is called: Of the house of bar Sisin, it is incumbent on him to reveal that the parcel under dispute is not of the house of bar Sisin. But here, in the case where the claimant states that he had been in a distant location, it should not be any different from a case where the possessor is holding a document as evidence that he purchased the house. Wouldn’t we then say to him: First ratify your document, and only then be established in the property? In this case as well, since his presumptive ownership is in place of a document, he needs to clarify the matter by means of witnesses.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי בֵּיתָא? אֲמַר לֵיהּ: מִינָּךְ זְבֵנְתֵּיהּ, וַאֲכַלְתֵּיהּ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: בְּשׁוּקֵי בָּרָאֵי הֲוַאי. אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דְּכֹל שַׁתָּא הֲוָה אָתֵית תְּלָתִין יוֹמֵי! אֲמַר לֵיהּ: תְּלָתִין יוֹמֵי – בְּשׁוּקַאי הֲוָה טְרִידְנָא. אָמַר רָבָא: עֲבִיד אִינִישׁ דְּכֹל תְּלָתִין יוֹמֵי טְרִיד בְּשׁוּקָא.

There was a certain person who said to another: What do you want with this house of mine? The possessor said to him: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was in the outer marketplaces, and was unaware that you were residing in my house, and therefore did not lodge a protest, so your profiting does not establish the presumption of ownership. The possessor said to him: But I have witnesses that every year you would come here for thirty days and had an opportunity to know that I was residing in your house and to lodge a protest. The claimant said to him: I was occupied with my business in the marketplaces for those thirty days. Rava said: A person is apt to be occupied with business in the marketplace for all of thirty days, and accepted his claim.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, דְּאָמַר לִי דְּזַבְנַהּ מִינָּךְ. אֲמַר לֵיהּ: אַתְּ לָאו קָא מוֹדֵית

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so, who told me that he purchased it from you. The claimant said to him: Don’t you concede

דְּהַאי אַרְעָא דִּידִי הִיא, וְאַתְּ לָא זְבֵינְתַּהּ מִינַּאי? זִיל, לָאו בַּעַל דְּבָרִים דִּידִי אַתְּ. אָמַר רָבָא: דִּינָא קָאָמַר לֵיהּ.

that this land is formerly mine, and that you did not purchase it from me? Go away; I am not legally answerable to you. Rava said: The claimant stated the halakha to the possessor, as this is a legitimate claim, and Rava accepted his claim.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: פְּלָנְיָא גַּזְלָנָא הוּא.

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: So-and-so is a robber who robbed me of the field, and he did not have the authority to sell it to you.

אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דַּאֲתַאי אִימְּלַכִי בָּךְ, וַאֲמַרְתְּ לִי: ״זִיל זְבֹין״! אֲמַר לֵיהּ: הַשֵּׁנִי נוֹחַ לִי; הָרִאשׁוֹן קָשֶׁה הֵימֶנּוּ. אָמַר רָבָא: דִּינָא קָאָמַר לֵיהּ.

The possessor said to him: But I have witnesses that I came and consulted with you, and you said to me: Go purchase the land, indicating that you conceded that he had the authority to sell it. The claimant said to him: The reason that I advised you to purchase it was because the second person, i.e., you, the possessor, is amenable to me, while the first, i.e., the purported thief, is more difficult than he, i.e., I prefer to litigate with you rather than with him. Rava said: The claimant stated the halakha to the possessor, as this is a legitimate claim, and Rava accepted his claim.

כְּמַאן, כְּאַדְמוֹן? דִּתְנַן: הָעוֹרֵר עַל הַשָּׂדֶה וְחָתוּם עָלֶיהָ בְּעֵד – אַדְמוֹן אוֹמֵר: הַשֵּׁנִי נוֹחַ לִי; הָרִאשׁוֹן קָשֶׁה הֵימֶנּוּ. וַחֲכָמִים אוֹמְרִים: אִיבֵּד אֶת זְכוּתוֹ.

The Gemara asks: In accordance with whose opinion is Rava’s statement? Is it in accordance with the opinion of Admon? As we learned in a mishna (Ketubot 109a): With regard to one who contests ownership of a field, claiming that a field possessed by someone else actually belongs to him, and the claimant himself is signed as a witness on the bill of sale of the field to that other person, Admon says: His signature does not disprove his claim of ownership of the property, as it is possible that the claimant said to himself: The second person is amenable to me to deal with, as I can reason with him, while the first owner, who sold the field to the current possessor, is more difficult to deal with than he. And the Rabbis say: He lost his right to contest, as he signed a bill of sale that states that the field belongs to the possessor. Rava’s ruling appears to be in accordance with the individual opinion of Admon, and not with the opinion of the Rabbis.

אֲפִילּוּ תֵּימָא רַבָּנַן – הָתָם עֲבַד לֵיהּ מַעֲשֶׂה; אֲבָל הָכָא דִּבּוּרָא – עֲבִיד אִינִישׁ דְּמִיקְּרֵי וְאָמַר.

The Gemara explains: You may even say that Rava’s ruling is in accordance with the opinion of the Rabbis. There, in the case of the mishna in tractate Ketubot, by signing the bill of sale the claimant performed an action indicating that the field was not his for the benefit of the possessor of the field, but here, in Rava’s case, there was no action, only speech, and a person is apt to casually say statements, and he does not lose his right by virtue of this.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: פְּלָנְיָא גַּזְלָנָא הוּא! אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דַּאֲתֵית בְּאוּרְתָּא, וַאֲמַרְתְּ לִי: זַבְנַהּ נִיהֲלִי! אֲמַר לֵיהּ: אָמֵינָא אֶיזְבּוֹן דִּינַאי. אָמַר רָבָא: עֲבִיד אִינִישׁ דְּזָבֵין דִּינֵיהּ.

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: So-and-so is a robber who robbed me of the field, and he did not have the authority to sell it to you. The possessor said to him: But I have witnesses that you came to me at night and you said to me: Sell it to me, indicating that it is not your land, as if it were yours, you would have demanded that I return it without your paying for it. The claimant said to him: I said to myself: Let me purchase the benefit of avoiding my litigation in order to reclaim my land. Rava said: A person is apt to pay money to purchase the benefit of avoiding his litigation.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: וְהָא נְקִיטְנָא שְׁטָרָא דִּזְבַנִי לַיהּ מִינֵּיהּ הָא אַרְבְּעִי שְׁנֵי!

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership, indicating that he possessed it for three years, as this is the minimum number of years required for establishing the presumption of ownership. The claimant said to him: But I am holding a document stating that I purchased it from that seller four years ago. Therefore, if it was sold to you three years ago, as you claim, he did not have the authority to sell it at that time.

אֲמַר לֵיהּ: מִי סָבְרַתְּ ״שְׁנֵי חֲזָקָה״ – תְּלָת שְׁנֵי קָא אָמֵינָא?! שְׁנֵי חֲזָקָה טוּבָא קָא אָמֵינָא. אָמַר רָבָא: עֲבִידִי אִינָשֵׁי דְּקָרוּ לִשְׁנֵי טוּבָא ״שְׁנֵי חֲזָקָה״.

The possessor said to him: Do you maintain that when I said: I profited from the land for the years necessary for establishing the presumption of ownership, that I was saying I worked and profited from the land for precisely three years? What I actually was saying was that I worked and profited from the land for many years and thereby established the presumption of ownership. Since my purchase predated yours, it was effective. Rava said: It is common for people to refer to many years as: Years necessary for establishing the presumption of ownership, and his claim is accepted.

וְהָנֵי מִילֵּי דְּאַכְלַהּ שְׁבַע – דִּקְדֵים חֲזָקָה דְהַאי לִשְׁטָרָא דְהָךְ;

The Gemara comments: And this matter applies only if he profited from the land for seven years, so that presumptive ownership of this possessor preceded the document of that claimant.

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
I do not look back.

Jenifer Nech
Jenifer Nech

Houston, United States

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I started at the beginning of this cycle. No 1 reason, but here’s 5.
In 2019 I read about the upcoming siyum hashas.
There was a sermon at shul about how anyone can learn Talmud.
Talmud references come up when I am studying. I wanted to know more.
Yentl was on telly. Not a great movie but it’s about studying Talmud.
I went to the Hadran website: A new cycle is starting. I’m gonna do this

Denise Neapolitan
Denise Neapolitan

Cambridge, United Kingdom

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Meryll Page

Minneapolis, MN, United States

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

I started learning at the beginning of this Daf Yomi cycle because I heard a lot about the previous cycle coming to an end and thought it would be a good thing to start doing. My husband had already bought several of the Koren Talmud Bavli books and they were just sitting on the shelf, not being used, so here was an opportunity to start using them and find out exactly what was in them. Loving it!

Caroline Levison
Caroline Levison

Borehamwood, United Kingdom

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

Bava Batra 30

דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: כׇּל נִכְסֵי דְּבֵי בַּר סִיסִין – מְזַבֵּינָא לָךְ. הֲוַאי הָהִיא אַרְעָא דַּהֲוָה מִיקְּרֵי ״דְּבֵי בַּר סִיסִין״. אֲמַר לֵיהּ: הָא לָאו דְּבֵי בַּר סִיסִין הִיא, וְאִיקְּרוֹיֵי הוּא דְּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״. אֲתוֹ לְקַמֵּיהּ דְּרַב נַחְמָן, אוֹקְמָא בִּידָא דְלוֹקֵחַ. אֲמַר לֵיהּ רָבָא: דִּינָא הָכִי?! הַמּוֹצִיא מֵחֲבֵירוֹ עָלָיו הָרְאָיָה!

who said to another: I am hereby selling to you all of the property that I own of the house of bar Sisin. There was a certain parcel of land that was called: Of the house of bar Sisin. The seller said to the buyer: This parcel of land that I own is not actually of the house of bar Sisin, and it is merely called: Of the house of bar Sisin, and it is not included in the sale. They came before Rav Naḥman for judgment, and he established the land in the possession of the buyer. Rava said to Rav Naḥman: Is this the halakha? Isn’t the halakha that the burden of proof rests upon the claimant, and the land should remain in the possession of the seller?

קַשְׁיָא דְּרָבָא אַדְּרָבָא, קַשְׁיָא דְּרַב נַחְמָן אַדְּרַב נַחְמָן.

The Gemara continues: There is a difficulty from one statement of Rava to another statement of Rava, and there is also a difficulty from one statement of Rav Naḥman to another statement of Rav Naḥman, as in the first case, where the claimant states that he had been in a distant location, Rav Naḥman ruled in favor of the claimant, and Rava ruled in favor of the possessor; while in the second case, that of the property of bar Sisin, their opinions were reversed.

דְּרָבָא אַדְּרָבָא לָא קַשְׁיָא – הָתָם מוֹכֵר קָאֵי בְּנִכְסֵיהּ, הָכָא לוֹקֵחַ קָאֵי בְּנִיכְסֵיהּ.

The Gemara answers: The contradiction between one statement of Rava and another statement of Rava is not difficult, because there, in the case of the property of bar Sisin, the seller had been established as having the land in his property, which is why Rava rules in his favor. But here, in the case where the claimant states that he had been in a distant location, the buyer is established as having the house in his property.

דְּרַב נַחְמָן אַדְּרַב נַחְמָן נָמֵי לָא קַשְׁיָא – כֵּיוָן דַּאֲמַר לֵיהּ: דְּבֵי בַּר סִיסִין, וּמִיקַּרְיָא ״דְּבֵי בַּר סִיסִין״, עֲלֵיהּ דִּידֵיהּ רַמְיָא לְגַלּוֹיֵי דְּלָאו דְּבֵי בַּר סִיסִין הִיא; אֲבָל הָכָא, לֹא יְהֵא אֶלָּא דְּנָקֵיט שְׁטָרָא – מִי לָא אָמְרִינַן לֵיהּ: קַיֵּים שְׁטָרָךְ וְקוּם בְּנִיכְסֵי?

The contradiction between one statement of Rav Naḥman and the other statement of Rav Naḥman is not difficult as well, because there, since the seller said to him: I am hereby selling you all of the property that I own of the house of bar Sisin, and this parcel of land is called: Of the house of bar Sisin, it is incumbent on him to reveal that the parcel under dispute is not of the house of bar Sisin. But here, in the case where the claimant states that he had been in a distant location, it should not be any different from a case where the possessor is holding a document as evidence that he purchased the house. Wouldn’t we then say to him: First ratify your document, and only then be established in the property? In this case as well, since his presumptive ownership is in place of a document, he needs to clarify the matter by means of witnesses.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי בֵּיתָא? אֲמַר לֵיהּ: מִינָּךְ זְבֵנְתֵּיהּ, וַאֲכַלְתֵּיהּ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: בְּשׁוּקֵי בָּרָאֵי הֲוַאי. אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דְּכֹל שַׁתָּא הֲוָה אָתֵית תְּלָתִין יוֹמֵי! אֲמַר לֵיהּ: תְּלָתִין יוֹמֵי – בְּשׁוּקַאי הֲוָה טְרִידְנָא. אָמַר רָבָא: עֲבִיד אִינִישׁ דְּכֹל תְּלָתִין יוֹמֵי טְרִיד בְּשׁוּקָא.

There was a certain person who said to another: What do you want with this house of mine? The possessor said to him: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was in the outer marketplaces, and was unaware that you were residing in my house, and therefore did not lodge a protest, so your profiting does not establish the presumption of ownership. The possessor said to him: But I have witnesses that every year you would come here for thirty days and had an opportunity to know that I was residing in your house and to lodge a protest. The claimant said to him: I was occupied with my business in the marketplaces for those thirty days. Rava said: A person is apt to be occupied with business in the marketplace for all of thirty days, and accepted his claim.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, דְּאָמַר לִי דְּזַבְנַהּ מִינָּךְ. אֲמַר לֵיהּ: אַתְּ לָאו קָא מוֹדֵית

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so, who told me that he purchased it from you. The claimant said to him: Don’t you concede

דְּהַאי אַרְעָא דִּידִי הִיא, וְאַתְּ לָא זְבֵינְתַּהּ מִינַּאי? זִיל, לָאו בַּעַל דְּבָרִים דִּידִי אַתְּ. אָמַר רָבָא: דִּינָא קָאָמַר לֵיהּ.

that this land is formerly mine, and that you did not purchase it from me? Go away; I am not legally answerable to you. Rava said: The claimant stated the halakha to the possessor, as this is a legitimate claim, and Rava accepted his claim.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: פְּלָנְיָא גַּזְלָנָא הוּא.

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: So-and-so is a robber who robbed me of the field, and he did not have the authority to sell it to you.

אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דַּאֲתַאי אִימְּלַכִי בָּךְ, וַאֲמַרְתְּ לִי: ״זִיל זְבֹין״! אֲמַר לֵיהּ: הַשֵּׁנִי נוֹחַ לִי; הָרִאשׁוֹן קָשֶׁה הֵימֶנּוּ. אָמַר רָבָא: דִּינָא קָאָמַר לֵיהּ.

The possessor said to him: But I have witnesses that I came and consulted with you, and you said to me: Go purchase the land, indicating that you conceded that he had the authority to sell it. The claimant said to him: The reason that I advised you to purchase it was because the second person, i.e., you, the possessor, is amenable to me, while the first, i.e., the purported thief, is more difficult than he, i.e., I prefer to litigate with you rather than with him. Rava said: The claimant stated the halakha to the possessor, as this is a legitimate claim, and Rava accepted his claim.

כְּמַאן, כְּאַדְמוֹן? דִּתְנַן: הָעוֹרֵר עַל הַשָּׂדֶה וְחָתוּם עָלֶיהָ בְּעֵד – אַדְמוֹן אוֹמֵר: הַשֵּׁנִי נוֹחַ לִי; הָרִאשׁוֹן קָשֶׁה הֵימֶנּוּ. וַחֲכָמִים אוֹמְרִים: אִיבֵּד אֶת זְכוּתוֹ.

The Gemara asks: In accordance with whose opinion is Rava’s statement? Is it in accordance with the opinion of Admon? As we learned in a mishna (Ketubot 109a): With regard to one who contests ownership of a field, claiming that a field possessed by someone else actually belongs to him, and the claimant himself is signed as a witness on the bill of sale of the field to that other person, Admon says: His signature does not disprove his claim of ownership of the property, as it is possible that the claimant said to himself: The second person is amenable to me to deal with, as I can reason with him, while the first owner, who sold the field to the current possessor, is more difficult to deal with than he. And the Rabbis say: He lost his right to contest, as he signed a bill of sale that states that the field belongs to the possessor. Rava’s ruling appears to be in accordance with the individual opinion of Admon, and not with the opinion of the Rabbis.

אֲפִילּוּ תֵּימָא רַבָּנַן – הָתָם עֲבַד לֵיהּ מַעֲשֶׂה; אֲבָל הָכָא דִּבּוּרָא – עֲבִיד אִינִישׁ דְּמִיקְּרֵי וְאָמַר.

The Gemara explains: You may even say that Rava’s ruling is in accordance with the opinion of the Rabbis. There, in the case of the mishna in tractate Ketubot, by signing the bill of sale the claimant performed an action indicating that the field was not his for the benefit of the possessor of the field, but here, in Rava’s case, there was no action, only speech, and a person is apt to casually say statements, and he does not lose his right by virtue of this.

הָהוּא דְּאָמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: פְּלָנְיָא גַּזְלָנָא הוּא! אֲמַר לֵיהּ: וְהָא אִית לִי סָהֲדִי דַּאֲתֵית בְּאוּרְתָּא, וַאֲמַרְתְּ לִי: זַבְנַהּ נִיהֲלִי! אֲמַר לֵיהּ: אָמֵינָא אֶיזְבּוֹן דִּינַאי. אָמַר רָבָא: עֲבִיד אִינִישׁ דְּזָבֵין דִּינֵיהּ.

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: So-and-so is a robber who robbed me of the field, and he did not have the authority to sell it to you. The possessor said to him: But I have witnesses that you came to me at night and you said to me: Sell it to me, indicating that it is not your land, as if it were yours, you would have demanded that I return it without your paying for it. The claimant said to him: I said to myself: Let me purchase the benefit of avoiding my litigation in order to reclaim my land. Rava said: A person is apt to pay money to purchase the benefit of avoiding his litigation.

הָהוּא דַּאֲמַר לֵיהּ לְחַבְרֵיהּ: מַאי בָּעֵית בְּהַאי אַרְעָא? אֲמַר לֵיהּ: מִפְּלָנְיָא זְבֵינְתַּהּ, וַאֲכַלְתִּיהָ שְׁנֵי חֲזָקָה. אֲמַר לֵיהּ: וְהָא נְקִיטְנָא שְׁטָרָא דִּזְבַנִי לַיהּ מִינֵּיהּ הָא אַרְבְּעִי שְׁנֵי!

There was a certain person who said to another: What do you want with this land of mine? The possessor said to him: I purchased it from so-and-so and then I worked and profited from it for the years necessary for establishing the presumption of ownership, indicating that he possessed it for three years, as this is the minimum number of years required for establishing the presumption of ownership. The claimant said to him: But I am holding a document stating that I purchased it from that seller four years ago. Therefore, if it was sold to you three years ago, as you claim, he did not have the authority to sell it at that time.

אֲמַר לֵיהּ: מִי סָבְרַתְּ ״שְׁנֵי חֲזָקָה״ – תְּלָת שְׁנֵי קָא אָמֵינָא?! שְׁנֵי חֲזָקָה טוּבָא קָא אָמֵינָא. אָמַר רָבָא: עֲבִידִי אִינָשֵׁי דְּקָרוּ לִשְׁנֵי טוּבָא ״שְׁנֵי חֲזָקָה״.

The possessor said to him: Do you maintain that when I said: I profited from the land for the years necessary for establishing the presumption of ownership, that I was saying I worked and profited from the land for precisely three years? What I actually was saying was that I worked and profited from the land for many years and thereby established the presumption of ownership. Since my purchase predated yours, it was effective. Rava said: It is common for people to refer to many years as: Years necessary for establishing the presumption of ownership, and his claim is accepted.

וְהָנֵי מִילֵּי דְּאַכְלַהּ שְׁבַע – דִּקְדֵים חֲזָקָה דְהַאי לִשְׁטָרָא דְהָךְ;

The Gemara comments: And this matter applies only if he profited from the land for seven years, so that presumptive ownership of this possessor preceded the document of that claimant.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete