Bava Basra 39a

בבא בתרא ל״ט ע״א

Bava Batra 39a

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Topic

How a מחאה (protest) against someone holding land works: secrecy, protesting when the occupant is absent, and how many must hear it

Overview

An owner makes a מחאה (protest) against the person living on his land so that the occupant cannot build a חזקה. A protest only works if word of it can reach the occupant. The גמרא first asks what happens when the owner or the witnesses say they will keep it quiet. רב זביד says 'don't tell him' ruins the protest, and רב פפא says it does not, because 'your friend has a friend'. When total silence is promised, both say the protest fails, but רב הונא בריה דרב יהושע says people repeat things they are not really bound to hide. Next, רבא quotes רב נחמן that a מחאה counts even when the occupant is not there. רבא challenges this from רבי יהודה's three-year timeline, and the גמרא answers that coming home is just good advice. It also explains that רבא accepted the rule after hearing it from רב נחמן. Finally, two students report רבי יוחנן as requiring two or three listeners for a מחאה, and the גמרא begins tying this to a rule of רבה בר רב הונא that continues on the next amud.

Opening lines

The steps (20)

1. StatementA protest that promises a future court case is valid
2. QuestionWhat if the protester says 'Don't tell him'?
3. Responseרב זביד: The protest fails because he asked for secrecy
4. Responseרב פפא: 'Don't tell him' means tell others, so word will spread
5. QuestionWhat if the witnesses say 'We won't tell him'?
6. Responseרב זביד: The witnesses' refusal ruins the protest
7. Responseרב פפא: They meant they won't tell him directly, but news spreads
8. QuestionWhat if the protester says 'Don't let a word out'?
9. Responseרב זביד: With 'not a word', the protest fails
10. QuestionWhat if the witnesses say 'We won't let a word out'?
11. Responseרב פפא: With 'not a word', even he says the protest fails
12. Rejectionרב הונא בריה דרב יהושע: People repeat things they weren't really bound to hide
13. StatementA protest made when the possessor is absent still counts
14. ChallengeWhy does the owner need to come home if he could protest from afar?
15. ResolutionComing home is just good advice
16. Challengeרבא contradicts himself?
17. Resolutionרבא accepted it after hearing it from רב נחמן
18. QuestionHow many people must hear a protest?
19. ResponseTwo reports: two people or three people
20. QuestionDo they argue about רבה בר רב הונא's rule?