Bava Basra 38b

בבא בתרא ל״ח ע״ב

Bava Batra 38b

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Topic

חזקה on the land of a בורח, whether a מחאה made away from the possessor counts, and what wording makes a valid מחאה

Overview

The amud opens by finishing an answer about our משנה: the normal situation between יהודה and גליל is treated like a time of crisis. רב יהודה then reports in the name of רב that one cannot make a חזקה on the land of a בורח, and שמואל objects that a protest does not need to be made face to face. The גמרא asks how רב can say this, since רב himself holds that a protest away from the possessor counts. It answers that רב was only explaining the reason of the תנא of our משנה. In a second version, רב says one CAN make a חזקה on a בורח's land, and שמואל calls this obvious. The גמרא explains that רב's real point is that a protest counts even before two people who cannot tell the possessor, because word passes from friend to friend, while שמואל disagrees. רבא then rules that there is no חזקה on a בורח's land and that a protest away from the possessor is valid. He settles the clash by splitting the cases: someone who fled over money versus someone who fled a death charge. Finally, the גמרא asks what words make a valid protest, and רב זביד begins to answer; his ruling continues on the next amud.

Opening lines

The steps (16)

1. ResolutionNormal times between Judea and Galilee count like a crisis
2. Statementרב: no presumption of ownership on a fugitive's land
3. Challengeשמואל: the owner does not need to protest face to face
4. Challengeרב seems to contradict himself
5. Resolutionרב was only explaining our משנה's opinion
6. StatementAnother version: רב allows presumption on a fugitive's land
7. Challengeשמואל: that is obvious
8. ChallengeWhat is new in רב's ruling?
9. Resolutionרב's new point: even witnesses who cannot pass it on
10. Proofשמואל holds the witnesses must be able to tell him
11. Resolutionרב's reason: word spreads from friend to friend
12. Statementרבא's ruling on the בורח and on a protest made away from the possessor
13. ChallengeAren't these two rulings contradictory?
14. ResolutionFleeing over money versus fleeing over a death charge
15. QuestionWhat wording counts as a protest?
16. Responseרב זביד: a general insult is not enough