Bava Basra 36a

בבא בתרא ל״ו ע״א

Bava Batra 36a

Learn Bava Basra 36a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 36a in Gemara Clarity

Topic

Which kinds of possession create a חזקה: claims through a גוי, land the owner would not protest about, slaves, and animals

Overview

This amud continues the laws of חזקה (proof of ownership through possession). The גמרא rejects the idea that a Jew is believed just by repeating what a גוי told him. רבא rules instead that he is believed if he says he saw the purchase himself, because of a מיגו. רב יהודה then rules that a man heading out with harvesting tools to a date palm he says he bought is believed. Next comes a list of uses that do not create a חזקה, because the owner had no reason to protest: land outside the wild-donkey fence, ערלה, שביעית and כלאים produce, unripe fodder (except in צואר מחוזא), poor-quality land, and dealings with the ריש גלותא's household. The גמרא then explains that slaves, like roaming animals, need three years for a חזקה, but a baby slave in a cradle gives an immediate one. A story about goats that ate barley in נהרדעא shows that goats are different from roaming animals, since they are always watched. Finally, the גמרא suggests that רבי ישמעאל and רבי עקיבא argue about whether plowing counts as a חזקה, and starts to reject that idea. The discussion continues on the next amud.

Opening lines

The steps (25)

1. StatementA Jew reports that a gentile told him he bought the field
2. ChallengeHow can a secondhand report be stronger than the gentile's own claim?
3. Resolutionרבא: he is believed if he saw the sale himself
4. StatementA man with harvesting tools who says he bought the tree
5. StatementUsing land outside the wild-donkey fence gives no חזקה
6. QuestionWhy doesn't it count?
7. ResponseThe owner doesn't protest because the donkeys will eat it anyway
8. StatementEating ערלה fruit does not create a חזקה
9. ProofA ברייתא supports רב יהודה and adds שביעית and כלאים
10. StatementEating crops as unripe fodder does not create a חזקה
11. StatementIn צואר מחוזא, eating fodder does create a חזקה
12. StatementUsing poor-quality land does not create a חזקה
13. StatementThe ריש גלותא's household and חזקה
14. ChallengeHow can slaves have a חזקה if roaming animals do not?
15. ResolutionNo instant חזקה, but there is one after three years
16. StatementA baby slave in a cradle gives an instant חזקה
17. ChallengeIsn't that obvious?
18. ResolutionNeeded for a baby who has a mother
19. StatementThe goats that ate barley in נהרדעא
20. ChallengeBut roaming animals have no חזקה
21. ResolutionGoats are handed to a shepherd
22. ChallengeWhat about morning and evening?
23. ResolutionIn נהרדעא, goats are passed from hand to hand
24. QuestionIs the dispute about whether plowing counts?
25. RejectionThen why would רבי עקיבא need a full month?