Bava Basra 28a

בבא בתרא כ״ח ע״א

Bava Batra 28a

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Topic

How long someone must use a property to gain a חזקה, the מחלוקת about a rain-watered field, and the גמרא's source for the three years in שור המועד.

Overview

This new פרק opens with a משנה listing properties that give profit all year round, like houses, pits, bathhouses and slaves. For these, a חזקה is set after three full years of use, counted from day to day. A field watered only by rain gives profit only in certain seasons, so its three years are not counted day by day. רבי ישמעאל says eighteen months spread over three years are enough, and רבי עקיבא says fourteen months are enough. רבי ישמעאל adds that in a field of trees, three harvests of different crops count as three years. The גמרא then asks where the three years come from. רבי יוחנן reports that it is learned from שור המועד, an ox whose status changes after three gorings. The גמרא challenges this: the owner of such an ox pays full damages only from the fourth goring, so maybe a חזקה should need four years. It begins to answer that the ox's status already changes after three gorings, and the answer continues on the next amud.

Opening lines

The steps (8)

1. StatementProperties that produce all year need three full years
2. StatementA rain-watered field needs three years, but not full ones
3. Statementרבי ישמעאל: eighteen months are enough
4. Statementרבי עקיבא: fourteen months are enough
5. StatementIn a field of trees, three harvests count as three years
6. StatementThe three-year rule is learned from the forewarned ox
7. ChallengeThen the buyer should need a fourth year
8. ResolutionThe comparison holds: the ox's status changes after three gorings