Today's Daf Yomi
March 17, 2017 | 讬状讟 讘讗讚专 转砖注状讝
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This month's learning聽is sponsored by Leah Goldford in loving memory of聽her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat聽Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
Bava Batra 54
The gemara continues to differentiate between different actions whether or not they can affect acquisition. 聽How is it done, how much is done, etc. all help to determine whether or not there was a chazaka. 聽Since laws regarding how one can acquire land are different in Torah law for Jews and non Jews, the can be a situation where a Jew buys land from a non-Jew by paying him (which affects acquisition for non-Jews but for Jews it doesn’t – until there is a document) and before the document is written or the Jew takes possession, one can come along and possess the land by a kinyan chazaka. 聽A question is asked – how can Shmuel who brought this halacha say this when he also holds dina d’malchuta聽dina – we must abide by the law of the land – which says that one can only acquire land with a document.
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讚砖讚讗 诇讬驻转讗 讘讬 驻讬诇讬 讚讗专注讗 讚讙专 诇讗 讛讜讬 讞讝拽讛 诪讗讬 讟注诪讗 讘注讬讚谞讗 讚砖讚讗 诇讗 讛讜讬 砖讘讞讗 讛砖转讗 讚拽讗 砖讘讞 诪诪讬诇讗 拽讗 砖讘讞
who threw turnip seeds in the crevices [filei] of the land of a convert who died without heirs, it is not sufficient to take possession. What is the reason for this? As at the time that he threw the seeds there was no enhancement to the value of the field. Now that the turnips have grown and the value of the field is enhanced, it is enhanced by itself.
讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚驻砖讞 讚讬拽诇讗 讗讚注转讗 讚讚讬拽诇讗 拽谞讬 讗讚注转讗 讚讞讬讜转讗 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 诪讛讗讬 讙讬住讗 讜诪讛讗讬 讙讬住讗 讗讚注转讗 讚讚讬拽诇讗 讻讜诇讗 诪讞讚 讙讬住讗 讗讚注转讗 讚讞讬讜转讗
The Gemara records a series of rulings with regard to taking possession of land. Shmuel says: With regard to this one who cuts the branches of a palm tree, if he had in mind the acquisition of the palm tree, he has acquired it; but if he had in mind the benefit of the animals, to feed his animals the branches, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took branches from this side and from that side, he had in mind the acquisition of the palm tree, as this assists the growth of the tree; but if the branches that he took were all from one side, he had in mind the benefit of the animals.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚讝讻讬 讝讬讻讬讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚爪讬讘讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 专讘专讘讬 讜讝讜讟专讬 讗讚注转讗 讚讗专注讗 砖拽诇 专讘专讘讬 讜砖讘拽 讝讜讟专讬 讗讚注转讗 讚爪讬讘讬
And Shmuel says with regard to this one who clears [dezakkei zikheya] a field of trees, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the collection of the wood, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took large and small pieces of wood, he had in mind the improvement of the field; however, if he took the large pieces of wood but left the small ones, he had in mind the collection of the wood.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚讗转拽讬诇 转讬拽诇讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚讘讬 讚专讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 诪讜诇讬讗 讜砖讚讗 讘谞爪讗 讗讚注转讗 讚讗专注讗 诪讜诇讬讗 讘诪讜诇讬讗 讜谞爪讗 讘谞爪讗 讗讚注转讗 讚讘讬 讚专讬
And Shmuel says with regard to this one who removes protuberances and levels the ground, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the conversion of the field into a threshing floor, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took a mound and threw it in a ditch, thereby leveling both areas, he had in mind the improvement of the field; but if he leveled the ground with a mound in the place of a mound and a ditch in the place of a ditch, expanding each area but leaving the field as a whole uneven, he had in mind the conversion of the field into a threshing floor.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚驻转讞 诪讬讗 讘讗专注讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚讻讜讜专讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 驻转讞 转专讬 讘讘讬 讞讚 诪注讬讬诇 讜讞讚 诪驻讬拽 讗讚注转讗 讚讻讜讜专讬 讞讚 讘讘讗 讗讚注转讗 讚讗专注讗
And Shmuel says with regard to this one who opened a blockage and enabled water to enter into a section of land, if he had in mind the improvement of the field, to irrigate it, he has acquired it; but if he had in mind the catching of the fish, i.e., to enable the water to flow in so that he could catch the fish therein, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he opened two gates, one bringing in the water and one taking out the water, this indicates that he had in mind the catching of the fish, as the water will flow out of the field, giving him the means to catch the fish; but if he opened only one gate, this indicates that he had in mind the improvement of the field.
讛讛讬讗 讗讬转转讗 讚讗讻诇讛 讚讬拽诇讗 讘转驻砖讬讞讗 转诇讬住专 砖谞讬谉 讗转讗 讛讛讜讗 专驻讬拽 转讜转讬讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚诇讜讬 讜讗诪专讬 诇讛 拽诪讬讛 讚诪专 注讜拽讘讗 讗讜拽诪讬讛 讘讬讚讬讛 讗转讗讬 拽讗 爪讜讜讞讗 拽诪讬讛 讗诪专 诇讛 诪讗讬 讗注讘讬讚 诇讱 讚诇讗 讗讞讝讬拽转 讻讚诪讞讝拽讬 讗讬谞砖讬
The Gemara relates: There was a certain woman who profited from an ownerless palm tree by cutting its branches for thirteen years. Another then came and plowed beneath it a bit. The case came before Levi, and some say that it came before Mar Ukva, who established the property in the possession of the one who plowed. The woman came and shouted before him, protesting the perceived injustice of his ruling. Mar Ukva said to her: What can I do for you, as you did not take possession of the property in the manner that people take possession?
讗诪专 专讘 讛爪专 爪讜专讛 讘谞讻住讬 讛讙专 拽谞讛 讚专讘 诇讗 拽谞讬 诇讙谞转讗 讚讘讬 专讘 讗诇讗 讘爪讜专转讗:
Rav says: One who draws an image, e.g., he paints an image on the wall, on the property of a convert who died without heirs has acquired it, as Rav himself acquired the garden of the house of Rav, which had been ownerless property, only by drawing an image.
讗讬转诪专 砖讚讛 讛诪住讜讬讬诪转 讘诪爪专讬讛 讗诪专 专讘 讛讜谞讗 讗诪专 专讘 讻讬讜谉 砖讛讻讬砖 讘讛 诪讻讜砖 讗讞讚 拽谞讛 讻讜诇讛 讜砖诪讜讗诇 讗诪专 诇讗 拽谞讛 讗诇讗 诪拽讜诐 诪讻讜砖讜 讘诇讘讚
搂 It was stated: With regard to a field that is defined by its boundaries, i.e., it has clearly demarcated boundaries on all sides, Rav Huna says that Rav says: Once he struck the land with a hoe one time, he acquired the entire property. And Shmuel says that he has acquired only the place that he struck with the hoe.
讜砖讗讬谞讛 诪住讜讬讬诪转 讘诪爪专讬讛 注讚 讻诪讛 讗诪专 专讘 驻驻讗 讻讚讗讝讬诇 转讬讬专讗 讚砖讜专讬 讜讛讚专
And if it is not defined by its boundaries, up to how much of the field is acquired by one strike of the hoe? Rav Pappa said: He acquires as far as an ox driver goes and returns, i.e., the size of a standard furrow, beginning where the hoe entered the ground.
讗诪专 专讘 讬讛讜讚讛 讗诪专 砖诪讜讗诇 谞讻住讬 讙讜讬 讛专讬 讛谉 讻诪讚讘专 讻诇 讛诪讞讝讬拽 讘讛谉 讝讻讛 讘讛谉 诪讗讬 讟注诪讗 讙讜讬 诪讻讬 诪讟讜 讝讜讝讬 诇讬讚讬讛 讗住转诇拽 诇讬讛 讬砖专讗诇 诇讗 拽谞讬 注讚 讚诪讟讬 砖讟专讗 诇讬讚讬讛 讛诇讻讱 讛专讬 讛谉 讻诪讚讘专 讜讻诇 讛诪讞讝讬拽 讘讛谉 讝讻讛 讘讛谉
搂 Rav Yehuda says that Shmuel says: With regard to the property of a gentile that was sold to a Jew for money, it is ownerless like a desert until the purchaser performs an act of acquisition; anyone who takes possession of it in the interim has acquired it. What is the reason for this? The gentile relinquishes ownership of it from the moment when the money reaches his hand, while the Jew who purchased it does not acquire it until the deed reaches his hand. Therefore, in the period of time between the giving of the money and the receiving of the deed, the property is like a desert, and anyone who takes possession of it has acquired it.
讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 诪讬 讗诪专 砖诪讜讗诇 讛讻讬 讜讛讗诪专 砖诪讜讗诇 讚讬谞讗 讚诪诇讻讜转讗 讚讬谞讗 讜诪诇讻讗 讗诪专 诇讗 诇讬拽谞讬 讗专注讗 讗诇讗 讘讗讬讙专转讗 讗诪专 诇讬讛 讗谞讗 诇讗 讬讚注谞讗 注讜讘讚讗 讛讜讛 讘讚讜专讗 讚专注讜转讗 讘讬砖专讗诇 讚讝讘谉 讗专注讗 诪讙讜讬 讜讗转讗 讬砖专讗诇 讗讞专讬谞讗 专驻讬拽 讘讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚专讘 讬讛讜讚讛 讗讜拽诪讛 讘讬讚讗 讚砖谞讬
Abaye said to Rav Yosef: Did Shmuel actually say this? But doesn鈥檛 Shmuel say that the law of the kingdom is the law, i.e., the halakha obligates Jews to observe the laws of the locale in which they reside, and the king said that land may not be acquired without a document? Therefore, taking possession should not be effective for acquisition. Rav Yosef said to him: I do not know how to reconcile this contradiction, but there was an incident in the village of Dura that was founded by shepherds, where there was a Jew who purchased land from a gentile by giving money, and in the interim another Jew came and plowed it a bit. The two Jews came before Rav Yehuda for a ruling, and he established the property in the possession of the second individual. This accords with the ruling of Shmuel that the property is ownerless until a Jew performs an act of acquisition.
讗诪专 诇讬讛 讚讜专讗 讚专注讜转讗 拽讗诪专转 讛转诐 讘讗讙讬 诪讟诪专讬 讛讜讜 讚讗讬谞讛讜 讙讜驻讬讬讛讜 诇讗 讛讜讜 讬讛讘讬 讟住拽讗 诇诪诇讻讗 讜诪诇讻讗 讗诪专 诪讗谉 讚讬讛讬讘 讟住拽讗 诇讬讻讜诇 讗专注讗
Abaye said to him: Are you saying that the incident occurred in Dura that was founded by shepherds? Proof cannot be brought from that case, as there the fields were concealed, since the owners of fields would not pay the land tax [taska] to the king, and the king says that one who pays land tax may profit from the field. Therefore, in that case, the gentile who sold the property did not actually own it, and consequently by the laws of the kingdom could not sell it. The one who took possession of the property acquired it in accordance with the law of the kingdom, as he committed to pay the land tax. Elsewhere, one would not acquire the field until he received a deed of sale from the gentile.
专讘 讛讜谞讗 讝讘谉 讗专注讗 诪讙讜讬 讗转讗 讬砖专讗诇 讗讞专 专驻讬拽 讘讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚专讘 谞讞诪谉 讗讜拽诪讛 讘讬讚讬讛 讗诪专 诇讬讛 诪讗讬 讚注转讬讱 讚讗诪专 砖诪讜讗诇 谞讻住讬 讙讜讬 讛专讬 讛谉 讻诪讚讘专 讜讻诇 讛诪讞讝讬拽 讘讛诐 讝讻讛
The Gemara relates: Rav Huna purchased land from a gentile. Another Jew came and plowed it slightly. Rav Huna and that Jew came before Rav Na岣an, who established the property in the possession of the latter. Rav Huna said to Rav Na岣an: What are you thinking in issuing this ruling? Is it because Shmuel says that the property of a gentile is like a desert, and anyone who takes possession of it has acquired it?
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This month's learning聽is sponsored by Leah Goldford in loving memory of聽her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat聽Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
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Bava Batra 54
The William Davidson Talmud | Powered by Sefaria
讚砖讚讗 诇讬驻转讗 讘讬 驻讬诇讬 讚讗专注讗 讚讙专 诇讗 讛讜讬 讞讝拽讛 诪讗讬 讟注诪讗 讘注讬讚谞讗 讚砖讚讗 诇讗 讛讜讬 砖讘讞讗 讛砖转讗 讚拽讗 砖讘讞 诪诪讬诇讗 拽讗 砖讘讞
who threw turnip seeds in the crevices [filei] of the land of a convert who died without heirs, it is not sufficient to take possession. What is the reason for this? As at the time that he threw the seeds there was no enhancement to the value of the field. Now that the turnips have grown and the value of the field is enhanced, it is enhanced by itself.
讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚驻砖讞 讚讬拽诇讗 讗讚注转讗 讚讚讬拽诇讗 拽谞讬 讗讚注转讗 讚讞讬讜转讗 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 诪讛讗讬 讙讬住讗 讜诪讛讗讬 讙讬住讗 讗讚注转讗 讚讚讬拽诇讗 讻讜诇讗 诪讞讚 讙讬住讗 讗讚注转讗 讚讞讬讜转讗
The Gemara records a series of rulings with regard to taking possession of land. Shmuel says: With regard to this one who cuts the branches of a palm tree, if he had in mind the acquisition of the palm tree, he has acquired it; but if he had in mind the benefit of the animals, to feed his animals the branches, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took branches from this side and from that side, he had in mind the acquisition of the palm tree, as this assists the growth of the tree; but if the branches that he took were all from one side, he had in mind the benefit of the animals.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚讝讻讬 讝讬讻讬讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚爪讬讘讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 专讘专讘讬 讜讝讜讟专讬 讗讚注转讗 讚讗专注讗 砖拽诇 专讘专讘讬 讜砖讘拽 讝讜讟专讬 讗讚注转讗 讚爪讬讘讬
And Shmuel says with regard to this one who clears [dezakkei zikheya] a field of trees, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the collection of the wood, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took large and small pieces of wood, he had in mind the improvement of the field; however, if he took the large pieces of wood but left the small ones, he had in mind the collection of the wood.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚讗转拽讬诇 转讬拽诇讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚讘讬 讚专讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 砖拽诇 诪讜诇讬讗 讜砖讚讗 讘谞爪讗 讗讚注转讗 讚讗专注讗 诪讜诇讬讗 讘诪讜诇讬讗 讜谞爪讗 讘谞爪讗 讗讚注转讗 讚讘讬 讚专讬
And Shmuel says with regard to this one who removes protuberances and levels the ground, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the conversion of the field into a threshing floor, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took a mound and threw it in a ditch, thereby leveling both areas, he had in mind the improvement of the field; but if he leveled the ground with a mound in the place of a mound and a ditch in the place of a ditch, expanding each area but leaving the field as a whole uneven, he had in mind the conversion of the field into a threshing floor.
讜讗诪专 砖诪讜讗诇 讛讗讬 诪讗谉 讚驻转讞 诪讬讗 讘讗专注讗 讗讚注转讗 讚讗专注讗 拽谞讬 讗讚注转讗 讚讻讜讜专讬 诇讗 拽谞讬 讛讬讻讬 讚诪讬 驻转讞 转专讬 讘讘讬 讞讚 诪注讬讬诇 讜讞讚 诪驻讬拽 讗讚注转讗 讚讻讜讜专讬 讞讚 讘讘讗 讗讚注转讗 讚讗专注讗
And Shmuel says with regard to this one who opened a blockage and enabled water to enter into a section of land, if he had in mind the improvement of the field, to irrigate it, he has acquired it; but if he had in mind the catching of the fish, i.e., to enable the water to flow in so that he could catch the fish therein, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he opened two gates, one bringing in the water and one taking out the water, this indicates that he had in mind the catching of the fish, as the water will flow out of the field, giving him the means to catch the fish; but if he opened only one gate, this indicates that he had in mind the improvement of the field.
讛讛讬讗 讗讬转转讗 讚讗讻诇讛 讚讬拽诇讗 讘转驻砖讬讞讗 转诇讬住专 砖谞讬谉 讗转讗 讛讛讜讗 专驻讬拽 转讜转讬讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚诇讜讬 讜讗诪专讬 诇讛 拽诪讬讛 讚诪专 注讜拽讘讗 讗讜拽诪讬讛 讘讬讚讬讛 讗转讗讬 拽讗 爪讜讜讞讗 拽诪讬讛 讗诪专 诇讛 诪讗讬 讗注讘讬讚 诇讱 讚诇讗 讗讞讝讬拽转 讻讚诪讞讝拽讬 讗讬谞砖讬
The Gemara relates: There was a certain woman who profited from an ownerless palm tree by cutting its branches for thirteen years. Another then came and plowed beneath it a bit. The case came before Levi, and some say that it came before Mar Ukva, who established the property in the possession of the one who plowed. The woman came and shouted before him, protesting the perceived injustice of his ruling. Mar Ukva said to her: What can I do for you, as you did not take possession of the property in the manner that people take possession?
讗诪专 专讘 讛爪专 爪讜专讛 讘谞讻住讬 讛讙专 拽谞讛 讚专讘 诇讗 拽谞讬 诇讙谞转讗 讚讘讬 专讘 讗诇讗 讘爪讜专转讗:
Rav says: One who draws an image, e.g., he paints an image on the wall, on the property of a convert who died without heirs has acquired it, as Rav himself acquired the garden of the house of Rav, which had been ownerless property, only by drawing an image.
讗讬转诪专 砖讚讛 讛诪住讜讬讬诪转 讘诪爪专讬讛 讗诪专 专讘 讛讜谞讗 讗诪专 专讘 讻讬讜谉 砖讛讻讬砖 讘讛 诪讻讜砖 讗讞讚 拽谞讛 讻讜诇讛 讜砖诪讜讗诇 讗诪专 诇讗 拽谞讛 讗诇讗 诪拽讜诐 诪讻讜砖讜 讘诇讘讚
搂 It was stated: With regard to a field that is defined by its boundaries, i.e., it has clearly demarcated boundaries on all sides, Rav Huna says that Rav says: Once he struck the land with a hoe one time, he acquired the entire property. And Shmuel says that he has acquired only the place that he struck with the hoe.
讜砖讗讬谞讛 诪住讜讬讬诪转 讘诪爪专讬讛 注讚 讻诪讛 讗诪专 专讘 驻驻讗 讻讚讗讝讬诇 转讬讬专讗 讚砖讜专讬 讜讛讚专
And if it is not defined by its boundaries, up to how much of the field is acquired by one strike of the hoe? Rav Pappa said: He acquires as far as an ox driver goes and returns, i.e., the size of a standard furrow, beginning where the hoe entered the ground.
讗诪专 专讘 讬讛讜讚讛 讗诪专 砖诪讜讗诇 谞讻住讬 讙讜讬 讛专讬 讛谉 讻诪讚讘专 讻诇 讛诪讞讝讬拽 讘讛谉 讝讻讛 讘讛谉 诪讗讬 讟注诪讗 讙讜讬 诪讻讬 诪讟讜 讝讜讝讬 诇讬讚讬讛 讗住转诇拽 诇讬讛 讬砖专讗诇 诇讗 拽谞讬 注讚 讚诪讟讬 砖讟专讗 诇讬讚讬讛 讛诇讻讱 讛专讬 讛谉 讻诪讚讘专 讜讻诇 讛诪讞讝讬拽 讘讛谉 讝讻讛 讘讛谉
搂 Rav Yehuda says that Shmuel says: With regard to the property of a gentile that was sold to a Jew for money, it is ownerless like a desert until the purchaser performs an act of acquisition; anyone who takes possession of it in the interim has acquired it. What is the reason for this? The gentile relinquishes ownership of it from the moment when the money reaches his hand, while the Jew who purchased it does not acquire it until the deed reaches his hand. Therefore, in the period of time between the giving of the money and the receiving of the deed, the property is like a desert, and anyone who takes possession of it has acquired it.
讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 诪讬 讗诪专 砖诪讜讗诇 讛讻讬 讜讛讗诪专 砖诪讜讗诇 讚讬谞讗 讚诪诇讻讜转讗 讚讬谞讗 讜诪诇讻讗 讗诪专 诇讗 诇讬拽谞讬 讗专注讗 讗诇讗 讘讗讬讙专转讗 讗诪专 诇讬讛 讗谞讗 诇讗 讬讚注谞讗 注讜讘讚讗 讛讜讛 讘讚讜专讗 讚专注讜转讗 讘讬砖专讗诇 讚讝讘谉 讗专注讗 诪讙讜讬 讜讗转讗 讬砖专讗诇 讗讞专讬谞讗 专驻讬拽 讘讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚专讘 讬讛讜讚讛 讗讜拽诪讛 讘讬讚讗 讚砖谞讬
Abaye said to Rav Yosef: Did Shmuel actually say this? But doesn鈥檛 Shmuel say that the law of the kingdom is the law, i.e., the halakha obligates Jews to observe the laws of the locale in which they reside, and the king said that land may not be acquired without a document? Therefore, taking possession should not be effective for acquisition. Rav Yosef said to him: I do not know how to reconcile this contradiction, but there was an incident in the village of Dura that was founded by shepherds, where there was a Jew who purchased land from a gentile by giving money, and in the interim another Jew came and plowed it a bit. The two Jews came before Rav Yehuda for a ruling, and he established the property in the possession of the second individual. This accords with the ruling of Shmuel that the property is ownerless until a Jew performs an act of acquisition.
讗诪专 诇讬讛 讚讜专讗 讚专注讜转讗 拽讗诪专转 讛转诐 讘讗讙讬 诪讟诪专讬 讛讜讜 讚讗讬谞讛讜 讙讜驻讬讬讛讜 诇讗 讛讜讜 讬讛讘讬 讟住拽讗 诇诪诇讻讗 讜诪诇讻讗 讗诪专 诪讗谉 讚讬讛讬讘 讟住拽讗 诇讬讻讜诇 讗专注讗
Abaye said to him: Are you saying that the incident occurred in Dura that was founded by shepherds? Proof cannot be brought from that case, as there the fields were concealed, since the owners of fields would not pay the land tax [taska] to the king, and the king says that one who pays land tax may profit from the field. Therefore, in that case, the gentile who sold the property did not actually own it, and consequently by the laws of the kingdom could not sell it. The one who took possession of the property acquired it in accordance with the law of the kingdom, as he committed to pay the land tax. Elsewhere, one would not acquire the field until he received a deed of sale from the gentile.
专讘 讛讜谞讗 讝讘谉 讗专注讗 诪讙讜讬 讗转讗 讬砖专讗诇 讗讞专 专驻讬拽 讘讛 驻讜专转讗 讗转讗 诇拽诪讬讛 讚专讘 谞讞诪谉 讗讜拽诪讛 讘讬讚讬讛 讗诪专 诇讬讛 诪讗讬 讚注转讬讱 讚讗诪专 砖诪讜讗诇 谞讻住讬 讙讜讬 讛专讬 讛谉 讻诪讚讘专 讜讻诇 讛诪讞讝讬拽 讘讛诐 讝讻讛
The Gemara relates: Rav Huna purchased land from a gentile. Another Jew came and plowed it slightly. Rav Huna and that Jew came before Rav Na岣an, who established the property in the possession of the latter. Rav Huna said to Rav Na岣an: What are you thinking in issuing this ruling? Is it because Shmuel says that the property of a gentile is like a desert, and anyone who takes possession of it has acquired it?
