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Bava Basra 53b

בבא בתרא נ״ג ע״ב

Bava Batra 53b

Learn Bava Basra 53b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Acts of חזקה that acquire property: neighboring fields and houses, ownerless land of a גר, and acquiring a slave through service or lifting

Overview

This amud is about acquiring property through חזקה, an act of ownership. First it finishes a ruling about two fields with a מצר (boundary strip) between them. A חזקה on one field acquires only that field, and only if he meant to acquire it. רבי זירא and רבי אלעזר then ask whether the מצר can link the two fields, and both questions end in תיקו. רב נחמן gives similar rules for two houses, one behind the other. There is one difference: a חזקה on the inner house can acquire both houses, because the inner house's way in and out runs through the outer one. Next come rulings about the land of a גר who died without heirs. Hanging doors on palaces someone else built acquires them, and so does a coat of plaster or tile an אמה in size opposite the doorway, or spreading out mattresses. רב ששת supports the mattress ruling with a ברייתא about acquiring a slave through his service. The גמרא then explains that רבי שמעון holds a master can also acquire a slave by lifting him. The amud ends as a new teaching of רב יהודה begins.

Opening lines

לִקְנוֹת אוֹתָהּ וְאֶת חֲבֶרְתָּהּ –

[If he took possession of one field] to acquire it and the other one,

אוֹתָהּ קָנָה, חֲבֶרְתָּהּ לֹא קָנָה.

he acquired it, but did not acquire the other one.

לִקְנוֹת אֶת חֲבֶרְתָּהּ –

[If he took possession of it] to acquire only the other one,

אַף אוֹתָהּ לֹא קָנָה.

he did not acquire even this one.

The steps (18)

  1. StatementAcquiring one field does not acquire the field next to it
  2. QuestionDoes including the boundary connect the two fields?
  3. Conclusionרבי זירא's question is left unresolved
  4. QuestionCan taking the boundary acquire both fields, like a halter?
  5. Conclusionרבי אלעזר's question is also left unresolved
  6. StatementThe same rules apply to two houses, one behind the other
  7. StatementA חזקה on the inner house
  8. StatementHanging doors on palaces someone else built
  9. ResponseWhy the builder doesn't acquire
  10. StatementOne coat of plaster or one tile acquires
  11. ResponseHow much plaster is needed: one אמה
  12. StatementThe plaster must face the entrance
  13. StatementSpreading mattresses acquires
  14. ProofThe ברייתא about acquiring a slave through service
  15. Statementרבי שמעון: lifting acquires everywhere
  16. QuestionWhat is רבי שמעון adding?
  17. ResponseSlave lifting master vs. master lifting slave
  18. StatementNew teaching of רב ירמיה ביראה begins