Bava Basra 41a

בבא בתרא מ״א ע״א

Bava Batra 41a

Learn Bava Basra 41a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A חזקה only counts with a טענה, and the cases of walls rebuilt by mistake on a neighbor's land.

Overview

The amud first finishes an earlier topic. If a gift document does not say whether the giver wanted it public, do we worry that it was a concealed gift? רבינא says no, רב אשי says yes, and the הלכה follows רב אשי. Then a new משנה teaches that using land (חזקה) proves nothing unless the user also gives a reason (טענה) for how it became his, such as a sale or a gift. An heir does not need such a reason. The גמרא explains that the משנה is needed because we might have thought the court should suggest a 'lost document' claim for the holder (פתח פיך לאלם), and it teaches that the court does not. Next comes a story: רב ענן rebuilt his flood-damaged wall on his neighbor's land, and רב נחמן told him to move it back. רב נחמן rejected both of רב ענן's arguments. There is no instant חזקה, and the neighbor's help building the wall was a מחילה בטעות, a giving-up based on a mistake. A similar story about רב כהנא begins at the end and continues on the next amud.

Opening lines

The steps (15)

1. QuestionWhat about a gift document with no details?
2. Responseרבינא and רב אשי disagree
3. ConclusionThe ruling: we are concerned
4. StatementUsing land without a claim proves nothing
5. StatementClaims that make the possession valid
6. StatementAn heir needs no claim
7. ChallengeIsn't this obvious?
8. ResolutionThe court does not make up a lost-document claim for him
9. StatementA memory sign for the coming stories
10. Statementרב נחמן tells רב ענן to move his wall back
11. Challengeרב ענן claims he already has a חזקה
12. ResolutionNo instant חזקה: the הלכה is not like רבי יהודה and רבי ישמעאל
13. ChallengeThe neighbor helped build the wall, so he gave up the land
14. ResolutionIt was a giving-up based on a mistake
15. Statementרב כהנא's wall is also rebuilt on someone else's land