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 sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Fred Hochstadter, Ephraim ben Kayla veBaruch on his 18th yahrzeit on ח׳ אלול. “We continue to be inspired by his dedication to daily learning, from the Daf and beyond, to its surrounding philosophical, historical and legal nuances. We miss him greatly and can only strive to emulate his wise, kind and elegant ways.”
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 sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Fred Hochstadter, Ephraim ben Kayla veBaruch on his 18th yahrzeit on ח׳ אלול. “We continue to be inspired by his dedication to daily learning, from the Daf and beyond, to its surrounding philosophical, historical and legal nuances. We miss him greatly and can only strive to emulate his wise, kind and elegant ways.”
Bava Batra 42
אִינְהוּ אַפְסִידוּ אַנַּפְשַׁיְיהוּ.
they caused their own loss by not investigating whether there was a lien on the property that they intended to buy.
וּמִי אָמַר רַב הָכִי? וְהָתְנַן: הַמַּלְוֶה אֶת חֲבֵירוֹ בִּשְׁטָר – גּוֹבֶה מִנְּכָסִים מְשׁוּעְבָּדִים, עַל יְדֵי עֵדִים – גּוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין!
The Gemara asks: And did Rav, in fact, say this, that one can collect sold property by means of witnesses alone? But didn’t we learn in a mishna (175a): One who lends money to another with a promissory note collects his debt from liened property that had been sold after the loan, if the debtor has no other property; but if one lent by means of witnesses without a promissory note, he collects his debt only from unsold property?
וְכִי תֵּימָא: רַב תַּנָּא הוּא וּפָלֵיג, וְהָא רַב וּשְׁמוּאֵל דְּאָמְרִי תַּרְוַיְיהוּ: מִלְוֶה עַל פֶּה – אֵינוֹ גּוֹבֶה לֹא מִן הַיּוֹרְשִׁים וְלֹא מִן הַלָּקוֹחוֹת!
And if you would say that Rav is a tanna, and as such has the authority to dispute the determination in the mishna, but didn’t Rav himself and Shmuel both say: One who is owed a debt due to a loan by oral contract does not collect liened property, not from the heirs of the debtor nor from the buyers, despite the fact that there are witnesses?
מִלְוֶה אַזְּבִינֵי קָא רָמֵית?! מִלְוֶה, כִּי קָא יָזֵיף – בְּצִנְעָא קָא יָזֵיף, כִּי הֵיכִי דְּלָא לִיתַּזְלוּ נִכְסֵיהּ עֲלֵיהּ. זְבִינֵי, מַאן דְּזָבֵין אַרְעָא – בְּפַרְהֶסְיָא זָבֵין, כִּי הֵיכִי דְּלִיפּוֹק לַהּ קָלָא.
The Gemara answers: Are you raising a contradiction from a case of a loan to a case of a sale? They are not comparable. In the case of a loan, when one borrows money he borrows discreetly, in order that his property not be devalued, as people will pay less for his property if they know that he is pressed for capital. Since a loan is issued discreetly, the presumption is that the buyers were unaware of the loan. Therefore, the creditor does not collect from sold property. By contrast, in the case of a sale, one who sells land sells it in public in order that publicity be generated with regard to it. Therefore, the cases of loans and sales are not comparable.
תָּנוּ רַבָּנַן: אֲכָלָהּ הָאָב שָׁנָה וְהַבֵּן שְׁתַּיִם; הָאָב שְׁתַּיִם וְהַבֵּן שָׁנָה; הָאָב שָׁנָה, וְהַבֵּן שָׁנָה, וְהַלּוֹקֵחַ שָׁנָה – הֲרֵי זוֹ חֲזָקָה.
The Gemara continues the discussion of the establishment of the presumption of ownership by successive possessors. The Sages taught: If the father worked and profited from the land for one year and the son who inherited it from him worked and profited from it for two years, or if the father worked and profited from the land for two years and the son worked and profited from it for one year, or if the father worked and profited from the land for one year and the son worked and profited from it for one year, and the buyer, who purchased it from the son, worked and profited from it for one year, this is sufficient to establish the presumption of ownership.
לְמֵימְרָא דְּלוֹקֵחַ אִית לֵיהּ קָלָא?! וּרְמִינְהִי: אֲכָלָהּ בִּפְנֵי הָאָב שָׁנָה וּבִפְנֵי הַבֵּן שְׁתַּיִם; בִּפְנֵי הָאָב שְׁתַּיִם וּבִפְנֵי הַבֵּן שָׁנָה; בִּפְנֵי הָאָב שָׁנָה, וּבִפְנֵי הַבֵּן שָׁנָה, וּבִפְנֵי לוֹקֵחַ שָׁנָה – הֲרֵי זוֹ חֲזָקָה. וְאִי סָלְקָא דַעְתָּךְ לוֹקֵחַ אִית לֵיהּ קָלָא, אֵין לְךָ מְחָאָה גְּדוֹלָה מִזּוֹ!
The Gemara asks: Is this to say that with regard to a buyer, the transaction generates publicity? And one can raise a contradiction from a baraita (Tosefta 2:8): If one worked and profited from the land in the presence of the father, the prior owner, for one year, and in the presence of the son, who then inherited it from the father, for two years; or in the presence of the father for two years and in the presence of the son for one year; or in the presence of the father for one year and in the presence of the son for one year and in the presence of the buyer, who purchased it from the son, for one year; this is sufficient to establish the presumption of ownership. And if it enters your mind that with regard to a buyer, the transaction generates publicity, there is no greater protest than this. By selling his land to someone else, the son of the prior owner is clearly stating that it does not belong to the possessor.
אָמַר רַב פָּפָּא: כִּי תַּנְיָא הָהִיא – בְּמוֹכֵר שְׂדוֹתָיו סְתָם.
Rav Pappa said: That is not a contradiction, as when that baraita is taught, it is taught with regard to one who sells his fields without specification. The son of the prior owner sold his fields without clarifying which fields he was selling. Since he did not specify the field from which the possessor is profiting, the possessor had no reason to assume that this field was being sold and that he needed to hold on to his deed, and he establishes the presumption of ownership despite the sale. In a case where the son of the prior owner stated explicitly that he was selling the field in question, the sale would serve as his protest.
מַתְנִי׳ הָאוּמָּנִין, וְהַשּׁוּתָּפִין, וְהָאֲרִיסִין, וְהָאַפּוֹטְרוֹפִּין – אֵין לָהֶם חֲזָקָה. לֹא לָאִישׁ חֲזָקָה בְּנִכְסֵי אִשְׁתּוֹ, וְלֹא לָאִשָּׁה חֲזָקָה בְּנִכְסֵי בַּעֲלָהּ; וְלֹא לָאָב בְּנִכְסֵי הַבֵּן, וְלֹא לַבֵּן בְּנִכְסֵי הָאָב.
MISHNA: Craftsmen who are in possession of items that they are repairing, and partners, and sharecroppers, and stewards [veha’apotropin] do not have the ability to establish the presumption of ownership with regard to property in their possession, as their possession is not indicative of ownership. Similarly, a man does not have the ability to establish the presumption of ownership with regard to his wife’s property, and a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. And a father similarly does not have the ability to establish the presumption of ownership with regard to a son’s property, and a son does not have the ability to establish the presumption of ownership with regard to a father’s property. A husband and wife, or son and father, use each other’s property freely. Possession is therefore not indicative of ownership.
בַּמֶּה דְּבָרִים אֲמוּרִים – בְּמַחְזִיק; אֲבָל בְּנוֹתֵן מַתָּנָה, וְהָאַחִין שֶׁחָלְקוּ, וְהַמַּחְזִיק בְּנִכְסֵי הַגֵּר – נָעַל וְגָדֵר וּפָרַץ כׇּל שֶׁהוּא – הֲרֵי זוֹ חֲזָקָה.
The mishna continues: In what case is this statement, that one establishes the presumption of ownership after profiting from the property for a certain duration, with the exception of the above people, said? It is said in a case of one who has mere possession of the property, which does, in some cases, serve as proof of ownership. But in a case where another person gives one a gift, or there are brothers who divided their inheritance, or there is one who takes possession of the property of a convert who died without heirs and his property is now ownerless, as soon as one locked the door of the property, or fenced it or breached its fence even a bit, this is considered taking possession of the property, and it effects acquisition.
גְּמָ׳ אֲבוּהּ דִּשְׁמוּאֵל וְלֵוִי תָּנוּ: שׁוּתָּף אֵין לוֹ חֲזָקָה, וְכׇל שֶׁכֵּן אוּמָּן. שְׁמוּאֵל תָּנֵי: אוּמָּן אֵין לוֹ חֲזָקָה, אֲבָל שׁוּתָּף יֵשׁ לוֹ חֲזָקָה. וְאַזְדָּא שְׁמוּאֵל לְטַעְמֵיהּ – דְּאָמַר שְׁמוּאֵל: הַשּׁוּתָּפִין מַחְזִיקִין זֶה עַל זֶה, וּמְעִידִין זֶה עַל זֶה, וְנַעֲשִׂים שׁוֹמְרֵי שָׂכָר זֶה לָזֶה.
GEMARA: Shmuel’s father and Levi taught: A partner does not have the ability to establish the presumption of ownership of property in his possession, and, all the more so, this inability applies to a craftsman as well. But Shmuel teaches: A craftsman does not have the ability to establish the presumption of ownership of property in his possession, but a partner does have the ability to establish the presumption of ownership. The Gemara comments: And Shmuel follows his line of reasoning, as Shmuel says: Partners establish the presumption of ownership with regard to the property of each other, and they testify for each other and become paid bailees of their joint property with regard to each other. In terms of these issues, Shmuel considers partners to be independent parties.
רָמֵי לֵיהּ רַבִּי אַבָּא לְרַב יְהוּדָה בִּמְעָרְתָּא דְּבֵי רַב זַכַּאי, מִי אָמַר שְׁמוּאֵל: שׁוּתָּף יֵשׁ לוֹ חֲזָקָה? וְהָאָמַר שְׁמוּאֵל: שׁוּתָּף כְּיוֹרֵד בִּרְשׁוּת דָּמֵי. לָאו לְמֵימְרָא דְּשׁוּתָּף אֵין לוֹ חֲזָקָה? לָא קַשְׁיָא; הָא דִּנְחֵית לְכוּלַּהּ, הָא דִּנְחֵית לְפַלְגָא.
Rabbi Abba raises a contradiction to Rav Yehuda in the case of Rav Zakkai’s house: Did Shmuel actually say that a partner has the ability to establish the presumption of ownership? But doesn’t Shmuel say: A partner is considered as one who enters the field with permission, such as a sharecropper? Isn’t that to say that a partner does not have the ability to establish the presumption of ownership? The Gemara answers: It is not difficult. This is referring to where he enters all of the field, and that is referring to where he enters half of the field.
אָמְרִי לַהּ לְהַאי גִּיסָא, וְאָמְרִי לַהּ לְהַאי גִּיסָא.
The Gemara explains: Some say it in this manner and some say it in that manner. On the one hand, it is possible to explain that if he entered half of the field he establishes the presumption of ownership with regard to that half, but if he entered the entire field he is merely acting as a partner. On the other hand, one could explain that entering half of the field does not establish the presumption of ownership at all, while entering the entire field does establish it.
רָבִינָא אָמַר: הָא וְהָא דִּנְחֵית לְכוּלַּהּ; וְלָא קַשְׁיָא – הָא דְּאִית בָּהּ דִּין חֲלוּקָהּ, הָא דְּלֵית בָּהּ דִּין חֲלוּקָהּ.
Ravina stated a different resolution to the contradiction: Both this and that are referring to a case where he enters the entire field, and it is not difficult. This is referring to a case where the field is of sufficient area to be subject to the halakha of division. In this case, his being in possession of the other half of the field as well, which belonged to his partner, establishes the presumption of ownership. That is referring to a case where the field is not of sufficient area to be subject to the halakha of division. Since the property will not be divided but will remain co-owned, he is merely possessing it as a partner and does not establish the presumption of ownership.
גּוּפָא – אָמַר שְׁמוּאֵל: שׁוּתָּף – כְּיוֹרֵד בִּרְשׁוּת דָּמֵי. מַאי קָא מַשְׁמַע לַן, שׁוּתָּפוּת אֵין לוֹ חֲזָקָה? לֵימָא: שׁוּתָּף אֵין לוֹ חֲזָקָה!
§ The Gemara addresses the matter itself. Shmuel says: A partner is considered as one who enters the field with permission. What is this teaching us, that there is not the presumption of ownership in the context of partnership? If so, let him say explicitly: A partner does not have the ability to establish the presumption of ownership of property in his possession.
אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: לוֹמַר שֶׁנּוֹטֵל בַּשֶּׁבַח הַמַּגִּיעַ לִכְתֵפַיִם – בְּשָׂדֶה שֶׁאֵינָהּ עֲשׂוּיָה לִיטַּע, כְּשָׂדֶה הָעֲשׂוּיָה לִיטַּע.
Rav Naḥman says that Rabba bar Avuh says: Shmuel’s intent was to state that a partner who proactively works to improve their mutual property collects the enhancement that reaches shoulders, i.e., when the produce that grew due to the efforts of the partner is fully grown and ripened and can be harvested and carried upon one’s shoulders. He is not considered as one who entered another’s field without permission and improved it, who collects only for his expenditures. This is the halakha if he planted trees in a field that is not commonly used for planting trees, just as it is if he planted in a field that is commonly used for planting trees.
וּמְעִידִין זֶה לָזֶה.
The Gemara continues its discussion of Shmuel’s statement: And testify for each other. A partner may join another witness in testifying with regard to the fact that his partner owns a share of their field in order to counter the claim of a one who claims ownership of the field, and his testimony is not disqualified due to being biased.
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 started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Warwick, Rhode Island, United States
I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.
Givat Zev, Israel
Bronx, United States
Mamaroneck, NY, United States
A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.
Jerusalem, Israel
I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)
Silver Spring, MD, United States
Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .
Pittsburgh, Pennsylvania, United States
I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.
Yad Binyamin, Israel
In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.
Atlanta, Georgia, 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
Cambridge, United Kingdom
It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.
Northwest Washington, United States
Oceanside NY, United States
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
Tel Aviv, Israel
Raanana, Israel
I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.
Honolulu, Hawaii, United States
I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.
Far Rockaway, United States
Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .
Kfar Saba, Israel
When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.
Minnesota, United States
I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.
Jerusalem, Israel
Bava Batra 42
אִינְהוּ אַפְסִידוּ אַנַּפְשַׁיְיהוּ.
they caused their own loss by not investigating whether there was a lien on the property that they intended to buy.
וּמִי אָמַר רַב הָכִי? וְהָתְנַן: הַמַּלְוֶה אֶת חֲבֵירוֹ בִּשְׁטָר – גּוֹבֶה מִנְּכָסִים מְשׁוּעְבָּדִים, עַל יְדֵי עֵדִים – גּוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין!
The Gemara asks: And did Rav, in fact, say this, that one can collect sold property by means of witnesses alone? But didn’t we learn in a mishna (175a): One who lends money to another with a promissory note collects his debt from liened property that had been sold after the loan, if the debtor has no other property; but if one lent by means of witnesses without a promissory note, he collects his debt only from unsold property?
וְכִי תֵּימָא: רַב תַּנָּא הוּא וּפָלֵיג, וְהָא רַב וּשְׁמוּאֵל דְּאָמְרִי תַּרְוַיְיהוּ: מִלְוֶה עַל פֶּה – אֵינוֹ גּוֹבֶה לֹא מִן הַיּוֹרְשִׁים וְלֹא מִן הַלָּקוֹחוֹת!
And if you would say that Rav is a tanna, and as such has the authority to dispute the determination in the mishna, but didn’t Rav himself and Shmuel both say: One who is owed a debt due to a loan by oral contract does not collect liened property, not from the heirs of the debtor nor from the buyers, despite the fact that there are witnesses?
מִלְוֶה אַזְּבִינֵי קָא רָמֵית?! מִלְוֶה, כִּי קָא יָזֵיף – בְּצִנְעָא קָא יָזֵיף, כִּי הֵיכִי דְּלָא לִיתַּזְלוּ נִכְסֵיהּ עֲלֵיהּ. זְבִינֵי, מַאן דְּזָבֵין אַרְעָא – בְּפַרְהֶסְיָא זָבֵין, כִּי הֵיכִי דְּלִיפּוֹק לַהּ קָלָא.
The Gemara answers: Are you raising a contradiction from a case of a loan to a case of a sale? They are not comparable. In the case of a loan, when one borrows money he borrows discreetly, in order that his property not be devalued, as people will pay less for his property if they know that he is pressed for capital. Since a loan is issued discreetly, the presumption is that the buyers were unaware of the loan. Therefore, the creditor does not collect from sold property. By contrast, in the case of a sale, one who sells land sells it in public in order that publicity be generated with regard to it. Therefore, the cases of loans and sales are not comparable.
תָּנוּ רַבָּנַן: אֲכָלָהּ הָאָב שָׁנָה וְהַבֵּן שְׁתַּיִם; הָאָב שְׁתַּיִם וְהַבֵּן שָׁנָה; הָאָב שָׁנָה, וְהַבֵּן שָׁנָה, וְהַלּוֹקֵחַ שָׁנָה – הֲרֵי זוֹ חֲזָקָה.
The Gemara continues the discussion of the establishment of the presumption of ownership by successive possessors. The Sages taught: If the father worked and profited from the land for one year and the son who inherited it from him worked and profited from it for two years, or if the father worked and profited from the land for two years and the son worked and profited from it for one year, or if the father worked and profited from the land for one year and the son worked and profited from it for one year, and the buyer, who purchased it from the son, worked and profited from it for one year, this is sufficient to establish the presumption of ownership.
לְמֵימְרָא דְּלוֹקֵחַ אִית לֵיהּ קָלָא?! וּרְמִינְהִי: אֲכָלָהּ בִּפְנֵי הָאָב שָׁנָה וּבִפְנֵי הַבֵּן שְׁתַּיִם; בִּפְנֵי הָאָב שְׁתַּיִם וּבִפְנֵי הַבֵּן שָׁנָה; בִּפְנֵי הָאָב שָׁנָה, וּבִפְנֵי הַבֵּן שָׁנָה, וּבִפְנֵי לוֹקֵחַ שָׁנָה – הֲרֵי זוֹ חֲזָקָה. וְאִי סָלְקָא דַעְתָּךְ לוֹקֵחַ אִית לֵיהּ קָלָא, אֵין לְךָ מְחָאָה גְּדוֹלָה מִזּוֹ!
The Gemara asks: Is this to say that with regard to a buyer, the transaction generates publicity? And one can raise a contradiction from a baraita (Tosefta 2:8): If one worked and profited from the land in the presence of the father, the prior owner, for one year, and in the presence of the son, who then inherited it from the father, for two years; or in the presence of the father for two years and in the presence of the son for one year; or in the presence of the father for one year and in the presence of the son for one year and in the presence of the buyer, who purchased it from the son, for one year; this is sufficient to establish the presumption of ownership. And if it enters your mind that with regard to a buyer, the transaction generates publicity, there is no greater protest than this. By selling his land to someone else, the son of the prior owner is clearly stating that it does not belong to the possessor.
אָמַר רַב פָּפָּא: כִּי תַּנְיָא הָהִיא – בְּמוֹכֵר שְׂדוֹתָיו סְתָם.
Rav Pappa said: That is not a contradiction, as when that baraita is taught, it is taught with regard to one who sells his fields without specification. The son of the prior owner sold his fields without clarifying which fields he was selling. Since he did not specify the field from which the possessor is profiting, the possessor had no reason to assume that this field was being sold and that he needed to hold on to his deed, and he establishes the presumption of ownership despite the sale. In a case where the son of the prior owner stated explicitly that he was selling the field in question, the sale would serve as his protest.
מַתְנִי׳ הָאוּמָּנִין, וְהַשּׁוּתָּפִין, וְהָאֲרִיסִין, וְהָאַפּוֹטְרוֹפִּין – אֵין לָהֶם חֲזָקָה. לֹא לָאִישׁ חֲזָקָה בְּנִכְסֵי אִשְׁתּוֹ, וְלֹא לָאִשָּׁה חֲזָקָה בְּנִכְסֵי בַּעֲלָהּ; וְלֹא לָאָב בְּנִכְסֵי הַבֵּן, וְלֹא לַבֵּן בְּנִכְסֵי הָאָב.
MISHNA: Craftsmen who are in possession of items that they are repairing, and partners, and sharecroppers, and stewards [veha’apotropin] do not have the ability to establish the presumption of ownership with regard to property in their possession, as their possession is not indicative of ownership. Similarly, a man does not have the ability to establish the presumption of ownership with regard to his wife’s property, and a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. And a father similarly does not have the ability to establish the presumption of ownership with regard to a son’s property, and a son does not have the ability to establish the presumption of ownership with regard to a father’s property. A husband and wife, or son and father, use each other’s property freely. Possession is therefore not indicative of ownership.
בַּמֶּה דְּבָרִים אֲמוּרִים – בְּמַחְזִיק; אֲבָל בְּנוֹתֵן מַתָּנָה, וְהָאַחִין שֶׁחָלְקוּ, וְהַמַּחְזִיק בְּנִכְסֵי הַגֵּר – נָעַל וְגָדֵר וּפָרַץ כׇּל שֶׁהוּא – הֲרֵי זוֹ חֲזָקָה.
The mishna continues: In what case is this statement, that one establishes the presumption of ownership after profiting from the property for a certain duration, with the exception of the above people, said? It is said in a case of one who has mere possession of the property, which does, in some cases, serve as proof of ownership. But in a case where another person gives one a gift, or there are brothers who divided their inheritance, or there is one who takes possession of the property of a convert who died without heirs and his property is now ownerless, as soon as one locked the door of the property, or fenced it or breached its fence even a bit, this is considered taking possession of the property, and it effects acquisition.
גְּמָ׳ אֲבוּהּ דִּשְׁמוּאֵל וְלֵוִי תָּנוּ: שׁוּתָּף אֵין לוֹ חֲזָקָה, וְכׇל שֶׁכֵּן אוּמָּן. שְׁמוּאֵל תָּנֵי: אוּמָּן אֵין לוֹ חֲזָקָה, אֲבָל שׁוּתָּף יֵשׁ לוֹ חֲזָקָה. וְאַזְדָּא שְׁמוּאֵל לְטַעְמֵיהּ – דְּאָמַר שְׁמוּאֵל: הַשּׁוּתָּפִין מַחְזִיקִין זֶה עַל זֶה, וּמְעִידִין זֶה עַל זֶה, וְנַעֲשִׂים שׁוֹמְרֵי שָׂכָר זֶה לָזֶה.
GEMARA: Shmuel’s father and Levi taught: A partner does not have the ability to establish the presumption of ownership of property in his possession, and, all the more so, this inability applies to a craftsman as well. But Shmuel teaches: A craftsman does not have the ability to establish the presumption of ownership of property in his possession, but a partner does have the ability to establish the presumption of ownership. The Gemara comments: And Shmuel follows his line of reasoning, as Shmuel says: Partners establish the presumption of ownership with regard to the property of each other, and they testify for each other and become paid bailees of their joint property with regard to each other. In terms of these issues, Shmuel considers partners to be independent parties.
רָמֵי לֵיהּ רַבִּי אַבָּא לְרַב יְהוּדָה בִּמְעָרְתָּא דְּבֵי רַב זַכַּאי, מִי אָמַר שְׁמוּאֵל: שׁוּתָּף יֵשׁ לוֹ חֲזָקָה? וְהָאָמַר שְׁמוּאֵל: שׁוּתָּף כְּיוֹרֵד בִּרְשׁוּת דָּמֵי. לָאו לְמֵימְרָא דְּשׁוּתָּף אֵין לוֹ חֲזָקָה? לָא קַשְׁיָא; הָא דִּנְחֵית לְכוּלַּהּ, הָא דִּנְחֵית לְפַלְגָא.
Rabbi Abba raises a contradiction to Rav Yehuda in the case of Rav Zakkai’s house: Did Shmuel actually say that a partner has the ability to establish the presumption of ownership? But doesn’t Shmuel say: A partner is considered as one who enters the field with permission, such as a sharecropper? Isn’t that to say that a partner does not have the ability to establish the presumption of ownership? The Gemara answers: It is not difficult. This is referring to where he enters all of the field, and that is referring to where he enters half of the field.
אָמְרִי לַהּ לְהַאי גִּיסָא, וְאָמְרִי לַהּ לְהַאי גִּיסָא.
The Gemara explains: Some say it in this manner and some say it in that manner. On the one hand, it is possible to explain that if he entered half of the field he establishes the presumption of ownership with regard to that half, but if he entered the entire field he is merely acting as a partner. On the other hand, one could explain that entering half of the field does not establish the presumption of ownership at all, while entering the entire field does establish it.
רָבִינָא אָמַר: הָא וְהָא דִּנְחֵית לְכוּלַּהּ; וְלָא קַשְׁיָא – הָא דְּאִית בָּהּ דִּין חֲלוּקָהּ, הָא דְּלֵית בָּהּ דִּין חֲלוּקָהּ.
Ravina stated a different resolution to the contradiction: Both this and that are referring to a case where he enters the entire field, and it is not difficult. This is referring to a case where the field is of sufficient area to be subject to the halakha of division. In this case, his being in possession of the other half of the field as well, which belonged to his partner, establishes the presumption of ownership. That is referring to a case where the field is not of sufficient area to be subject to the halakha of division. Since the property will not be divided but will remain co-owned, he is merely possessing it as a partner and does not establish the presumption of ownership.
גּוּפָא – אָמַר שְׁמוּאֵל: שׁוּתָּף – כְּיוֹרֵד בִּרְשׁוּת דָּמֵי. מַאי קָא מַשְׁמַע לַן, שׁוּתָּפוּת אֵין לוֹ חֲזָקָה? לֵימָא: שׁוּתָּף אֵין לוֹ חֲזָקָה!
§ The Gemara addresses the matter itself. Shmuel says: A partner is considered as one who enters the field with permission. What is this teaching us, that there is not the presumption of ownership in the context of partnership? If so, let him say explicitly: A partner does not have the ability to establish the presumption of ownership of property in his possession.
אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: לוֹמַר שֶׁנּוֹטֵל בַּשֶּׁבַח הַמַּגִּיעַ לִכְתֵפַיִם – בְּשָׂדֶה שֶׁאֵינָהּ עֲשׂוּיָה לִיטַּע, כְּשָׂדֶה הָעֲשׂוּיָה לִיטַּע.
Rav Naḥman says that Rabba bar Avuh says: Shmuel’s intent was to state that a partner who proactively works to improve their mutual property collects the enhancement that reaches shoulders, i.e., when the produce that grew due to the efforts of the partner is fully grown and ripened and can be harvested and carried upon one’s shoulders. He is not considered as one who entered another’s field without permission and improved it, who collects only for his expenditures. This is the halakha if he planted trees in a field that is not commonly used for planting trees, just as it is if he planted in a field that is commonly used for planting trees.
וּמְעִידִין זֶה לָזֶה.
The Gemara continues its discussion of Shmuel’s statement: And testify for each other. A partner may join another witness in testifying with regard to the fact that his partner owns a share of their field in order to counter the claim of a one who claims ownership of the field, and his testimony is not disqualified due to being biased.
