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Bava Basra 35b

בבא בתרא ל״ה ע״ב

Bava Batra 35b

Learn Bava Basra 35b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Outsiders who grab disputed land, quick ways a חזקה is set up and the need to protest, and a Jew who got land from a גוי.

Overview

This עמוד first finishes explaining why רב נחמן's case is not split like סומכוס's case: here only one of the two people can really be the owner. נהרדעי then rule that if an outsider grabs such land, the court leaves it with him, based on רבי חייא's ברייתא that 'a robber of the public is not called a robber.' רב אשי disagrees: the outsider is a real robber, and the ברייתא only means he has no way to return what he took. Next the גמרא goes back to the משנה's three-year חזקה. רבי אבא teaches that if the old owner himself carried fruit for the holder, the חזקה is immediate. רב זביד adds that the owner is believed if he says he only brought the man in for the produce, but only within three years. רב כהנא explains that an honest owner should have protested, and the גמרא proves this from the mortgages of סורא. Finally רב rules that a Jew who got land from a גוי needs a שטר, just like the גוי, and רבא's follow-up begins and continues on the next עמוד.

Opening lines

אִית לֵיהּ דְּרָרָא דְמָמוֹנָא,

[There] this one has a money stake,

וּלְהָהוּא אִית לֵיהּ דְּרָרָא דְמָמוֹנָא;

and that one has a money stake;

הָכָא, אִי דְּמָר – לָא דְּמָר,

here, if it belongs to this master, it does not belong to that master,

וְאִי דְּמָר – לָא דְּמָר.

and if it belongs to that master, it does not belong to this master.

The steps (13)

  1. ResolutionWhy this case is not split like סומכוס's case
  2. StatementAn outsider who grabs the disputed land keeps it
  3. ProofSupport from רבי חייא: a robber of the public
  4. Rejectionרב אשי: he is a robber, he just can't give it back
  5. StatementBack to the משנה: three years from day to day
  6. Statementרבי אבא: an instant חזקה when the owner carried fruit himself
  7. Statementרב זביד: the owner is believed if he says 'I brought him in for the fruit'
  8. StatementOnly within three years
  9. QuestionWhat could the owner have done to protect himself?
  10. ResponseHe should have protested
  11. ProofProof from the mortgages of סורא
  12. StatementA Jew who got land from a גוי is treated like the גוי
  13. Statementרבא begins a follow-up case