POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 30
BAVA BASRA 29 & 30 - anonymously dedicated by an Ohev Torah and Marbitz
Torah in Ramat Beit Shemesh, Israel.
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1) WHEN THE BUYER IS ESTABLISHED AS THE OWNER
(a) Contradiction: Rav Nachman contradicts what he said in
another case, and so does Rava!
(b) Levi told Yehudah: I sell to you all the property of Bar
Sisin.
1. There was a certain land called by the name of Bar
Sisin; Levi claimed that it really was not Bar
Sisin's property, it was only called that way.
(c) Rav Nachman established Yehudah as the owner.
(d) Objection (Rava): Levi was established as the owner - to
take the house from him, the burden of proof is on
Yehudah (that it was Bar Sisin's property)!
1. (Summation of contradiction): In the first case, Rav
Nachman considers the seller to be Muchzak when in
doubt, Rava says the buyer is Muchzak; in the latter
case, each holds the opposite!
(e) Answer #1: Rava does not contradict himself - in the
first case, the buyer is known to be living on the
property (so he is Muchzak); in the second case, the
seller is on the property, so he is Muchzak.
(f) Answer #2: Rav Nachman does not contradict himself - in
the second case, since the property is called by bar
Sisin's name, the seller must prove that it was not
really bar Sisin's;
1. In the first case, living in the house for the years
of Chazakah only supports his claim that he had a
document and lost it - even if he had the document,
he would have to validate it! (Here also, he must
prove that his Chazakah was valid).
(g) Reuven asked Shimon: What are you doing in this house?
1. Shimon: I bought it from you, and I have lived here
the years of Chazakah.
2. Reuven: (I did not sell it to you;) I have been
doing commerce abroad. (Your Chazakah was not in
front of me, so it is invalid.)
3. Shimon: I have witnesses that you returned for 30
days every year!
4. Reuven: All 30 days, I was busy in commerce (Rashbam
- so I did not notice that you were in my house;
others explain - so I had no time to protest).
(h) (Rava): It is normal that a person is busy in commerce
for 30 days; Reuven's claim is accepted.
(i) Reuven asked Shimon: What are you doing on this land?
1. Shimon: I bought it from Ploni; he said that he
bought it from you.
2. Reuven: You yourself admit that it (was) my land,
and you did not buy it from me - go away, you have
no case against me.
30b---------------------------------------30b
(j) (Rava): The law is as Reuven said.
2) WHEN DOES A PERSON FORFEIT HIS CLAIM?
(a) Reuven asked Shimon: What are you doing on this land?
1. Shimon: I bought it from Ploni, and I have eaten the
produce the years of Chazakah.
2. Reuven: Ploni is a thief (he never had any rights to
the land)!
3. Shimon: But I have witnesses that you advised me to
buy it from him!
4. Reuven: True; I wanted you to buy it, for I prefer
to deal with you (to take back my land) than with
Ploni, he is a difficult adversary.
(b) (Rava): The law is as Reuven said.
(c) Question: As whom does Rava hold?
1. Suggestion: He must hold as Admon.
2. (Mishnah): Levi claims that a certain field is his;
Levi signed on a document in which Yehudah sold that
field to Yakov. Admon says, Levi's signature is not
an admission that the field is not his - he can say,
I wanted Yakov to buy it, for I prefer to deal with
Yakov than with Yehudah, Yehudah is a difficult
adversary;
3. Chachamim say, Levi cannot claim that the field is
his.
(d) Answer: No - Rava can even hold like Chachamim.
1. Chachamim say that he cannot claim that he signed in
order to have an easier opponent - such an incentive
does not warrant doing a false action.
2. Chachamim could agree that a person might give
misleading advice to obtain an easier opponent -
people often speak insincerely.
(e) Reuven asked Shimon: What are you doing on this land?
1. Shimon: I bought it from Ploni, and I have eaten the
produce the years of Chazakah.
2. Reuven: Ploni is a thief (he never had any rights to
the land)!
3. Shimon: But I have witnesses that last night you
asked me to buy it from him for you!
4. Reuven: Really, the field is mine; I preferred to
pay him for it to avoid having to fight him in Beis
Din.
(f) (Rava): It is normal to buy one's own property to avoid
having to fight about it in Beis Din.
(g) The law is as Reuven said.
3) WHAT IS A GOOD CLAIM WITH A CHAZAKAH?
(a) Reuven said to Shimon: what are you doing on this land?
1. Shimon: I bought it from Ploni, and have eaten the
produce the years of Chazakah.
2. Reuven: But I have a document showing that I bought
it from Ploni four years ago.
3. Shimon: You think I meant three years of Chazakah?!
My Chazakah is longer than that!
(b) (Rava): It is normal for a person to say 'years of
Chazakah' when they are more than three.
1. Shimon only keeps the field if he has been there at
least seven years, so that he had a Chazakah before
Reuven bought the field;
2. But if he only was there for six years, Ploni's sale
to Reuven (which was after Shimon was there only two
years) is the ultimate protest (so Shimon had no
Chazakah).
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