Bava Basra 28b
בבא בתרא כ״ח ע״ב
Bava Batra 28b
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Topic
Learning חזקה from שור המועד, its limits, and the search for the חכמים' source for three years
Overview
The גמרא is exploring the idea that the three years of חזקה are learned from שור המועד: three gorings make an ox 'established', and three years of use make someone the established owner of land. It explains why the ox's fourth goring does not spoil the comparison. It then defends the comparison against two challenges: why a חזקה needs a claim, and why a מחאה counts even when the holder is not present. Next it tests the comparison on timing. Following רבי מאיר, three gorings in one day are enough, so the גמרא asks about fig fruits, caper fruits, and alfalfa cut quickly. The answer is that each harvest must be a truly separate, normal crop. When alfalfa is properly harvested three times in three months, the גמרא admits this would be a חזקה, because the ox derivation follows רבי ישמעאל, who counts harvests rather than years. It then asks what the source is for the חכמים, who require three full years. רב יוסף brings a פסוק from ירמיהו about writing deeds, but אביי rejects it as mere good advice.
Opening lines
וְאִידַּךְ,
And the other one,
כִּי לָא נְגַח – מַאי לְשַׁלֵּם?
when it has not gored, what is there to pay?
הָכָא, כֵּיוָן דְּאַכְלַהּ תְּלָת שְׁנֵי –
Here, since he has eaten from it for three years,
קָיְימָא לַהּ בִּרְשׁוּתֵיהּ.
it stands in his possession.
The steps (17)
- ResolutionWhy the ox's fourth goring does not break the comparison
- ChallengeThen why must a חזקה come with a claim?
- ResolutionThe claim is needed because we do not argue for him
- Challengeרב עוירא: then a protest not in his presence should not count
- ResolutionWhy a protest does not need to be made in front of the holder
- ChallengeShould eating three fruits in one day count as a חזקה?
- ResolutionEach harvest must be a separate event, like separate gorings
- ChallengeWhat about a caper bush whose fruits ripen on different days?
- ResolutionCaper fruits were already there, just finishing to ripen
- ChallengeAlfalfa eaten three times in thirty days
- ResolutionCutting it barely grown is snatching, not farming
- ChallengeAlfalfa harvested properly three times in three months
- ResolutionThe teaching follows רבי ישמעאל, and yes, it counts
- ProofProof from the משנה: for רבי ישמעאל, three harvests equal three years
- QuestionWhat do the חכמים hold?
- Responseרב יוסף's proof from ירמיהו's warning
- Rejectionאביי: maybe it was just good advice