Two people claimed they had each inherited a particular piece of land from their fathers. Rav Nachman ruled that the stronger one prevails. How is this case different from two people claiming ownership of an item by having a document of sale or gift issued on the same date where Rav and Shmuel disagree – one holds it is divided and the other that it is given to the judges’ discretion? How is it different from a case where a cow is traded for a donkey or a maidservant is sold and the cow/maidservant has offspring and it is unclear if the birth happened before or after the sale and the ruling is that the offspring is split between the two parties? In a case where the verdict is that the strongest one prevails, what happens if a third party comes and seizes the item? In what situations is presumptive status established immediately? Gentiles can only establish ownership with a document, not with a chazaka. Rav ruled that a Jew who claims that he/she bought property from a gentile, must prove it with a document.
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
This month’s learning is dedicated to the refuah shleima of our dear friend, Phyllis Hecht, גיטל פעשא בת מאשה רחל by all her many friends who love and admire her. Phyllis’ emuna, strength, and positivity are an inspiration.
Want to dedicate learning? Get started here:
Today’s daily daf tools:
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
This month’s learning is dedicated to the refuah shleima of our dear friend, Phyllis Hecht, גיטל פעשא בת מאשה רחל by all her many friends who love and admire her. Phyllis’ emuna, strength, and positivity are an inspiration.
Bava Batra 35
דְּרַב אָמַר: יַחְלוֹקוּ, וּשְׁמוּאֵל אָמַר: שׁוּדָא דְּדַיָּינֵי? הָתָם, לֵיכָּא לְמֵיקַם עֲלַהּ דְּמִילְּתָא; הָכָא, אִיכָּא לְמֵיקַם עֲלַהּ דְּמִילְּתָא.
as Rav said: In that case, they should divide the property between them, and Shmuel said: It is decided based on the discretion [shudda] of the judges. Why in the seemingly equivalent case of a dispute where there is no evidence for either litigant did Rav Naḥman rule that whoever is stronger prevails? The Gemara answers: There, in the case of the two deeds, it will not be possible for the court to clarify the matter in the future, and therefore, the court issues a ruling according to the information they currently have. Here, in the case of Rav Naḥman, it may be possible for the court to clarify the matter in the future, if one of the litigants was to bring witnesses supporting his claim.
וּמַאי שְׁנָא מֵהָא דִּתְנַן: הַמַּחֲלִיף פָּרָה בַּחֲמוֹר, וְיָלְדָה; וְכֵן הַמּוֹכֵר שִׁפְחָתוֹ, וְיָלְדָה – זֶה אוֹמֵר: ״עַד שֶׁלֹּא מָכַרְתִּי יָלְדָה״, וְזֶה אוֹמֵר: ״מִשֶּׁלָּקַחְתִּי יָלְדָה״ – יַחְלוֹקוּ?
The Gemara asks: And in what way is this case different from that which we learned in a mishna (Bava Metzia 100a): With regard to one who exchanges a cow for a donkey and the cow calved, and similarly one who sells his Canaanite maidservant and she gave birth, and this one, i.e., the seller, says: She gave birth before I sold either the cow or maidservant, and the offspring belongs to me; and that one, i.e., the buyer, says: She gave birth after I purchased her and the offspring belongs to me, the ruling is that they should divide the value of the newborn. In that case, the court is not able to clarify the matter, so they should rule that whoever is stronger prevails.
הָתָם, לְהַאי
The Gemara answers: There, in the case of the exchange, for this one, i.e., the buyer,
אִית לֵיהּ דְּרָרָא דְמָמוֹנָא, וּלְהָהוּא אִית לֵיהּ דְּרָרָא דְמָמוֹנָא; הָכָא, אִי דְּמָר – לָא דְּמָר, וְאִי דְּמָר – לָא דְּמָר.
he has financial involvement [derara], and for that one, i.e., the seller, he has financial involvement. Since each of them has a definite claim to owning the offspring, as each of them owned the cow or maidservant at one point, it is reasonable for the court to divide the offspring between the two parties. By contrast, here, in the case of Rav Naḥman, if it belongs to this Master it does not belong to that Master, and if it belongs to that Master it does not belong to this Master. Only one of the two litigants has any claim to the property, as it belonged either to the ancestors of this one or of that one. Therefore, a ruling to divide it would not be appropriate.
אָמְרִי נְהַרְדָּעֵי: אִם בָּא אֶחָד מִן הַשּׁוּק, וְהֶחְזִיק בָּהּ – אֵין מוֹצִיאִין אוֹתָהּ מִיָּדוֹ. דְּתָנֵי רַבִּי חִיָּיא: גַּזְלָן שֶׁל רַבִּים לָאו שְׁמֵיהּ גַּזְלָן.
The Sages of Neharde’a say: In a case where two parties disputed the ownership of a certain property and the court ruled that whoever is stronger prevails, if one from the marketplace who had no claim came and took possession of it, the court does not remove it from his possession, as Rabbi Ḥiyya teaches (Tosefta, Bava Kamma 10:14): A robber of the public, meaning a robber whose victim is unknown, is not called a robber. Since it is unclear whom he robbed, no one is able to demand payment. Here too, since it is unclear whose property it is, neither can demand that it be taken from the robber.
רַב אָשֵׁי אָמַר: לְעוֹלָם שְׁמֵיהּ גַּזְלָן, וּמַאי ״לָא שְׁמֵיהּ גַּזְלָן״? שֶׁלֹּא נִיתַּן לְהִשָּׁבוֹן.
Rav Ashi said in disagreement: Actually, he is called a robber, and the property is taken from him, and what is meant by: He is not called a robber? It means that the stolen item is not subject to being returned, and consequently he is unable to fully atone, as he does not know whom to repay.
חׇזְקָתָן שָׁלֹשׁ שָׁנִים מִיּוֹם לְיוֹם וְכוּ׳. אָמַר רַבִּי אַבָּא: אִי דָּלֵי לֵיהּ אִיהוּ גּוּפֵיהּ צַנָּא דְפֵירֵי, לְאַלְתַּר הָוֵי חֲזָקָה. אָמַר רַב זְבִיד, וְאִם טָעַן וְאָמַר: ״לְפֵירוֹת הוֹרַדְתִּיו״ – נֶאֱמָן. וְהָנֵי מִילֵּי בְּתוֹךְ שָׁלֹשׁ, אֲבָל לְאַחַר שָׁלֹשׁ – לָא.
§ The mishna teaches with regard to certain types of property that their presumptive ownership is established by use of a duration of three years from day to day. The Gemara comments: Rabbi Abba says: Nevertheless, there are cases where presumptive ownership is established immediately. For example, if the prior owner himself lifted a basket of fruit from that field for the possessor, that immediately is sufficient to establish the presumption of ownership, and the prior owner can no longer lodge a protest. Rav Zevid says: But if the prior owner stated a claim and said: I brought him down into my field solely to consume the produce, e.g., as a sharecropper, he is deemed credible. And that halakha, that the prior owner is deemed credible were he to state such a claim, applies only if he stated it within three years of when the other took possession, but after three years he is not deemed credible.
אֲמַר לֵיהּ רַב אָשֵׁי לְרַב כָּהֲנָא: אִי לְפִירָא אַחֲתֵיהּ, מַאי הֲוָה לֵיהּ לְמֶעְבַּד? אֲמַר לֵיהּ: אִיבְּעִי לֵיהּ לְמַחוֹיֵי.
Rav Ashi said to Rav Kahana: If in fact he did bring him down into the field solely to consume the produce, what was there for him to do to prevent the possessor from establishing the presumption of ownership? Rav Kahana said to him: He should have protested during the first three years and publicized that he had granted the possessor rights to the produce alone.
דְּאִי לָא תֵּימָא הָכִי, הָנֵי מַשְׁכְּנָתָא דְסוּרָא, דִּכְתִב בְּהוּ: ״בְּמִשְׁלַם שְׁנַיָּא אִלֵּין תִּיפּוֹק אַרְעָא דָּא בְּלָא כְּסַף״; אִי כָּבֵישׁ לֵיהּ לִשְׁטַר מַשְׁכַּנְתָּא גַּבֵּיהּ, וְאָמַר: לְקוּחָה הִיא בְּיָדִי, הָכִי נָמֵי דִּמְהֵימַן? מְתַקְּנִי רַבָּנַן מִידֵּי דְּאָתֵי בֵּיהּ לִידֵי פְּסֵידָא?! אֶלָּא אִיבְּעִי לֵיהּ לְמַחוֹיֵי; הָכָא נָמֵי, אִיבְּעִי לֵיהּ לְמַחוֹיֵי.
The assumption that lodging a protest would be effective must be correct, since if you do not say so, then in the case of this mortgage according to the custom in Sura, a city in Babylonia, in which is written: At the completion of these years this land will be released to its prior owner without any need for the prior owner to give money, if the creditor were to hide the mortgage document in his possession and say: This land is purchased and that is why it is in my possession, here is it also the case that he would be deemed credible? That cannot be, as is it reasonable that the Sages would institute a matter, such as this type of arrangement, that people can be led by it to suffer a loss? Rather, in the case of the mortgage the debtor should have protested, and by not protesting, he causes his own loss. Here, too, in the case of the field, the owner should have protested.
אָמַר רַב יְהוּדָה אָמַר רַב: יִשְׂרָאֵל הַבָּא מֵחֲמַת גּוֹי – הֲרֵי הוּא כְּגוֹי; מָה גּוֹי – אֵין לוֹ חֲזָקָה אֶלָּא בִּשְׁטָר, אַף יִשְׂרָאֵל הַבָּא מֵחֲמַת גּוֹי – אֵין לוֹ חֲזָקָה אֶלָּא בִּשְׁטָר. אָמַר רָבָא, וְאִי אָמַר יִשְׂרָאֵל:
§ Rav Yehuda says that Rav says: With regard to a Jew who comes to claim land due to having received it from a gentile, he is like a gentile in terms of which legal claims are available to him. Therefore, just as a gentile has the ability to establish the presumption of ownership only by means of a document, so too, a Jew who comes to claim land due to having received it from a gentile has the ability to establish the presumption of ownership only by means of a document. Rava said: And if the Jew said to a prior owner, who claims to still own the land:
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.
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 began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.
Karmiel, Israel
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.
Lexington, MA, United States
I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!
Zichron Yaakov, Israel
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.
Virginia, United States
I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.
Phoenix, Arizona, United States
Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.
Pennsylvania, United States
I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.
Memphis, Tennessee, United States
I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.
Mitspe, Israel
I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!
Teaneck, United States
I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Edmonton, Alberta, Canada
After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.
Bet Shemesh, Israel
I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…
Huntington, United States
With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!
Haifa, Israel
I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!
Brentwood, California, United States
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!
Modi’in, Israel
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Panama, Panama
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Raanana, Israel
I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Edmonton, Alberta, Canada
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!
Highland Park, United States
Bava Batra 35
דְּרַב אָמַר: יַחְלוֹקוּ, וּשְׁמוּאֵל אָמַר: שׁוּדָא דְּדַיָּינֵי? הָתָם, לֵיכָּא לְמֵיקַם עֲלַהּ דְּמִילְּתָא; הָכָא, אִיכָּא לְמֵיקַם עֲלַהּ דְּמִילְּתָא.
as Rav said: In that case, they should divide the property between them, and Shmuel said: It is decided based on the discretion [shudda] of the judges. Why in the seemingly equivalent case of a dispute where there is no evidence for either litigant did Rav Naḥman rule that whoever is stronger prevails? The Gemara answers: There, in the case of the two deeds, it will not be possible for the court to clarify the matter in the future, and therefore, the court issues a ruling according to the information they currently have. Here, in the case of Rav Naḥman, it may be possible for the court to clarify the matter in the future, if one of the litigants was to bring witnesses supporting his claim.
וּמַאי שְׁנָא מֵהָא דִּתְנַן: הַמַּחֲלִיף פָּרָה בַּחֲמוֹר, וְיָלְדָה; וְכֵן הַמּוֹכֵר שִׁפְחָתוֹ, וְיָלְדָה – זֶה אוֹמֵר: ״עַד שֶׁלֹּא מָכַרְתִּי יָלְדָה״, וְזֶה אוֹמֵר: ״מִשֶּׁלָּקַחְתִּי יָלְדָה״ – יַחְלוֹקוּ?
The Gemara asks: And in what way is this case different from that which we learned in a mishna (Bava Metzia 100a): With regard to one who exchanges a cow for a donkey and the cow calved, and similarly one who sells his Canaanite maidservant and she gave birth, and this one, i.e., the seller, says: She gave birth before I sold either the cow or maidservant, and the offspring belongs to me; and that one, i.e., the buyer, says: She gave birth after I purchased her and the offspring belongs to me, the ruling is that they should divide the value of the newborn. In that case, the court is not able to clarify the matter, so they should rule that whoever is stronger prevails.
הָתָם, לְהַאי
The Gemara answers: There, in the case of the exchange, for this one, i.e., the buyer,
אִית לֵיהּ דְּרָרָא דְמָמוֹנָא, וּלְהָהוּא אִית לֵיהּ דְּרָרָא דְמָמוֹנָא; הָכָא, אִי דְּמָר – לָא דְּמָר, וְאִי דְּמָר – לָא דְּמָר.
he has financial involvement [derara], and for that one, i.e., the seller, he has financial involvement. Since each of them has a definite claim to owning the offspring, as each of them owned the cow or maidservant at one point, it is reasonable for the court to divide the offspring between the two parties. By contrast, here, in the case of Rav Naḥman, if it belongs to this Master it does not belong to that Master, and if it belongs to that Master it does not belong to this Master. Only one of the two litigants has any claim to the property, as it belonged either to the ancestors of this one or of that one. Therefore, a ruling to divide it would not be appropriate.
אָמְרִי נְהַרְדָּעֵי: אִם בָּא אֶחָד מִן הַשּׁוּק, וְהֶחְזִיק בָּהּ – אֵין מוֹצִיאִין אוֹתָהּ מִיָּדוֹ. דְּתָנֵי רַבִּי חִיָּיא: גַּזְלָן שֶׁל רַבִּים לָאו שְׁמֵיהּ גַּזְלָן.
The Sages of Neharde’a say: In a case where two parties disputed the ownership of a certain property and the court ruled that whoever is stronger prevails, if one from the marketplace who had no claim came and took possession of it, the court does not remove it from his possession, as Rabbi Ḥiyya teaches (Tosefta, Bava Kamma 10:14): A robber of the public, meaning a robber whose victim is unknown, is not called a robber. Since it is unclear whom he robbed, no one is able to demand payment. Here too, since it is unclear whose property it is, neither can demand that it be taken from the robber.
רַב אָשֵׁי אָמַר: לְעוֹלָם שְׁמֵיהּ גַּזְלָן, וּמַאי ״לָא שְׁמֵיהּ גַּזְלָן״? שֶׁלֹּא נִיתַּן לְהִשָּׁבוֹן.
Rav Ashi said in disagreement: Actually, he is called a robber, and the property is taken from him, and what is meant by: He is not called a robber? It means that the stolen item is not subject to being returned, and consequently he is unable to fully atone, as he does not know whom to repay.
חׇזְקָתָן שָׁלֹשׁ שָׁנִים מִיּוֹם לְיוֹם וְכוּ׳. אָמַר רַבִּי אַבָּא: אִי דָּלֵי לֵיהּ אִיהוּ גּוּפֵיהּ צַנָּא דְפֵירֵי, לְאַלְתַּר הָוֵי חֲזָקָה. אָמַר רַב זְבִיד, וְאִם טָעַן וְאָמַר: ״לְפֵירוֹת הוֹרַדְתִּיו״ – נֶאֱמָן. וְהָנֵי מִילֵּי בְּתוֹךְ שָׁלֹשׁ, אֲבָל לְאַחַר שָׁלֹשׁ – לָא.
§ The mishna teaches with regard to certain types of property that their presumptive ownership is established by use of a duration of three years from day to day. The Gemara comments: Rabbi Abba says: Nevertheless, there are cases where presumptive ownership is established immediately. For example, if the prior owner himself lifted a basket of fruit from that field for the possessor, that immediately is sufficient to establish the presumption of ownership, and the prior owner can no longer lodge a protest. Rav Zevid says: But if the prior owner stated a claim and said: I brought him down into my field solely to consume the produce, e.g., as a sharecropper, he is deemed credible. And that halakha, that the prior owner is deemed credible were he to state such a claim, applies only if he stated it within three years of when the other took possession, but after three years he is not deemed credible.
אֲמַר לֵיהּ רַב אָשֵׁי לְרַב כָּהֲנָא: אִי לְפִירָא אַחֲתֵיהּ, מַאי הֲוָה לֵיהּ לְמֶעְבַּד? אֲמַר לֵיהּ: אִיבְּעִי לֵיהּ לְמַחוֹיֵי.
Rav Ashi said to Rav Kahana: If in fact he did bring him down into the field solely to consume the produce, what was there for him to do to prevent the possessor from establishing the presumption of ownership? Rav Kahana said to him: He should have protested during the first three years and publicized that he had granted the possessor rights to the produce alone.
דְּאִי לָא תֵּימָא הָכִי, הָנֵי מַשְׁכְּנָתָא דְסוּרָא, דִּכְתִב בְּהוּ: ״בְּמִשְׁלַם שְׁנַיָּא אִלֵּין תִּיפּוֹק אַרְעָא דָּא בְּלָא כְּסַף״; אִי כָּבֵישׁ לֵיהּ לִשְׁטַר מַשְׁכַּנְתָּא גַּבֵּיהּ, וְאָמַר: לְקוּחָה הִיא בְּיָדִי, הָכִי נָמֵי דִּמְהֵימַן? מְתַקְּנִי רַבָּנַן מִידֵּי דְּאָתֵי בֵּיהּ לִידֵי פְּסֵידָא?! אֶלָּא אִיבְּעִי לֵיהּ לְמַחוֹיֵי; הָכָא נָמֵי, אִיבְּעִי לֵיהּ לְמַחוֹיֵי.
The assumption that lodging a protest would be effective must be correct, since if you do not say so, then in the case of this mortgage according to the custom in Sura, a city in Babylonia, in which is written: At the completion of these years this land will be released to its prior owner without any need for the prior owner to give money, if the creditor were to hide the mortgage document in his possession and say: This land is purchased and that is why it is in my possession, here is it also the case that he would be deemed credible? That cannot be, as is it reasonable that the Sages would institute a matter, such as this type of arrangement, that people can be led by it to suffer a loss? Rather, in the case of the mortgage the debtor should have protested, and by not protesting, he causes his own loss. Here, too, in the case of the field, the owner should have protested.
אָמַר רַב יְהוּדָה אָמַר רַב: יִשְׂרָאֵל הַבָּא מֵחֲמַת גּוֹי – הֲרֵי הוּא כְּגוֹי; מָה גּוֹי – אֵין לוֹ חֲזָקָה אֶלָּא בִּשְׁטָר, אַף יִשְׂרָאֵל הַבָּא מֵחֲמַת גּוֹי – אֵין לוֹ חֲזָקָה אֶלָּא בִּשְׁטָר. אָמַר רָבָא, וְאִי אָמַר יִשְׂרָאֵל:
§ Rav Yehuda says that Rav says: With regard to a Jew who comes to claim land due to having received it from a gentile, he is like a gentile in terms of which legal claims are available to him. Therefore, just as a gentile has the ability to establish the presumption of ownership only by means of a document, so too, a Jew who comes to claim land due to having received it from a gentile has the ability to establish the presumption of ownership only by means of a document. Rava said: And if the Jew said to a prior owner, who claims to still own the land:
