Bava Basra 29a

בבא בתרא כ״ט ע״א

Bava Batra 29a

Learn Bava Basra 29a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Why חזקה takes three years, whether the years must be consecutive, and how to prove day-and-night use of a house.

Overview

The גמרא first rejects an attempt to learn the three-year rule of חזקה from a פסוק in ירמיה, because the prophet was only giving good advice. רבא then tries several logical reasons. First he says an owner forgives two years but not three, then that he doesn't bother protesting until the third year. אביי knocks down each of these. רבא's final reason is that people keep their deeds safe for about three years, so after that, use of the land takes the deed's place. A protest made when the holder isn't there still counts, because word spreads from friend to friend. רב הונא rules that the three years must be back-to-back, though רב חמא says gaps are fine where fields are normally left fallow. Finally, the גמרא asks how a חזקה on a house can be proven day and night: neighbors or unbiased renters can testify, and מר זוטרא says the claimant may demand such proof.

Opening lines

The steps (22)

1. RejectionThe prophet's words are good advice, not a law
2. ProofSupport: keeping documents in a clay jar is clearly just advice
3. Statementרבא: a person forgives two years but not three
4. Challengeאביי: then the first two years' produce should stay with the user
5. Resolutionרבא revised: a person doesn't bother protesting until the third year
6. Challengeאביי: Some owners protest right away, so the time would change for each person
7. Statementרבא's new reason: A buyer guards his deed for three years
8. Challengeאביי: Then a protest made when the buyer isn't there should not count
9. ResolutionNews of a protest spreads, so the buyer is expected to hear
10. StatementThe three years must be back-to-back
11. ChallengeWhy say this? The משנה already says it
12. ResolutionThe משנה could have meant only full years
13. Statementרב חמא: Fallow-field places are different
14. ChallengeIsn't that obvious?
15. ResolutionA place where only some leave fields fallow
16. ResolutionAnother answer: resting the land makes it grow more
17. ChallengeHow can anyone testify about a house at night?
18. ResolutionNeighbors know who lives there day and night
19. ResolutionRenters can testify they lived there day and night
20. ChallengeThe renters are biased witnesses
21. ResolutionThe renters are not biased if they still hold the rent money
22. StatementThe owner may demand proof of living there day and night