כ"ג שבט תשעז“  Sunday, February 19 2017

רא כ“ח בבא בת OVERVIEW of the Daf Distinctive INSIGHT 1) : The Mishnah discusses establish- The source for a chazaka for land שמעתי מהולכי אושא שהיו אומרים מנין לחזקה ג ‘ שנים ing a chazakah on houses, land, grain fields and משור המועד orchards. I n the , R’ Yochanan notes that the source for 2) The source for a three-year chazakah the halacha that a chazaka for land is three years is from R’ Yochanan reports in the name of those who the law of an ox that gores. An ox which develops a pat- to תם travel to Usha that the source for a chazakah tak- tern of goring has its status changed from being a after goring three times. So, too, a chazaka מועד ing three years is derived from the case of making being a a bull into a muad. is established after three years of residency or utility. Numerous unsuccessful challenges to the Ramban tries to understand the association between a goring cow and ownership of a property. On the one teaching of R’ Yochanan are presented. hand, we understand that after goring three times, any It is suggested that the chazakah should be es- particular domesticated animal is determined to have a tablished in three days, or thirty days, but these wild and uncontrolled temperament. However, what is suggestions are rejected. the significance of three years of residing in a land with- When it is suggested that a chazakah should be out the owner’s protesting? How do these three years established in three months the Gemara concedes indicate anything about the nature of the situation and suggests that those who travelled to Usha is a changing? reference to R’ Yishmael who indeed maintains Ramban explains that just as three years indicates that an animal loses its status of being tame, so too, the that three years are not necessary to establish a inaction of a previous owner to protest for three years chazakah. indicates that he is no longer the owner of this property. The Gemara inquires about the source for When the current resident claims that he purchased the three years according to Rabanan who disagree land, the previous owner is put on the defensive to with R’ Yishmael. prove that he did not sell it to this person. The Gemara R’ Yosef cites a verse for the source of a three- correctly notes that if the lesson from a goring cow is year chazakah. simply that the previous status of the animal is no long- מועד er valid, and that the cow is not advanced to being until the fourth time it gores, then in reference to prop- REVIEW and Remember erty we should say that although the land’s being owned by the previous owner ends after three years, the land 1. What is the point of dispute between R’ Yish- should not enter the possession of the current resident mael and R’ Akiva? until a fourth year of usage. ______This approach also helps us understand the question 2. According to R’ Yochanan, what is the source of the Gemara when it says that if we learn from the law that a chazakah takes three years? of a goring ox, a chazaka should be valid even without . (חזקה שאין עמה טענה) an accompanying legal claim ______-Once the ownership of the original owner has been sus . חזקה שאין עמה טענה Explain .3 ______pended, it would be logical that the one residing it take 4. Who are “those who traveled to Usha”? control even without claiming that he bought it, or by ______providing some other legal explanation for his new own- ership. The Gemara answers that, nevertheless, if the

(Continued on page 2) בבא בתרא כ“ ח — Number 1663 are in agreement that the principle of establishing a cha- HALACHAH Highlight zakah on another’s land is a Biblical law. An interesting concept that emerges from this dispute -addresses the question of whether halachos that are de ( סברא ) The force of halachos derived from logic are considered Biblical in origin ( סברא ) rived from logic מנין לחזקה שהיא ג' שנים What is the source that a chazakah takes three years? or not. From Mishpatei Uzziel’s perspective halachos de- rived from logic are considered Biblical law. As proof to המוציא T he Gemara discusses at great length the issue of es- this assertion he cites the well-known law of The burden of proof rests on the – מחבירו עליו הראיה -tablishing a chazakah on another’s property. A funda המוציא מחבירו mental question is whether establishing a chazakah is a one who seeks to collect. The principle of Biblical law or is it a rabbinic enactment. Ben-Zion is one of the fundamental principle of Choshen Mishpat דמאן דכאיב ליה Meir Chai Uzziel 1, author of Teshuvas Mishpatei Uzziel, and yet its source is the logical assumption The one who is in pain will go to - כאיבא אזיל לבי אסיא asserts that all opinions agree that establishing a chazakah is a Biblical law and not merely a Rabbinic enactment. the doctor, meaning the one who feels that he deserves to According to R’ Yishmael the halacha of establishing a collect will have to prove his claim to Beis Din in order to chazakah is derived from the case of a muad ox. Just as an collect. And based on this logic the Gemara asks why it is ox is deemed a muad after goring three times, so too a per- necessary for the Gemara in Bava Kama to cite an exposi- son establishes a chazakah on land by using the land for tion from a pasuk for this principle when it could be easi- three years. Rabanan, who disagree with R’ Yishmael, ly derived from logic. This clearly demonstrates that con- derive the halacha from the assumption that people will clusions that are drawn based on logic have the same take care to maintain their paperwork for three years but force as any other Biblical law derived from exposition. .1 שו"ת משפטי עוזיאל כרך ד - עניינים כלליים סימן יח -beyond three years people are no longer careful to main tain their paperwork. Although R’ Yishmael and Ra- banan disagree about the exact source of this halacha all

efficacious in breaking the yetzer hara learning. “We have just begun perek STORIES Off the Daf within. After all, the Arizal teaches Chezkas HaBatim,” they replied. that the reason why Gemara is so dif- “Learning a daf of Chezkas HaBa- The greatness of Bava Basra ficult is so that a person should toil tim is like learning a mussar sefer,” to understand, thereby breaking the the Rebbe said. 2 "חזקת הבתים..." bad within. It follows that the harder Surely one who learns the Gema- W hen Rav Shmuel Shapiro, the learning is, the more powerfully it ra in such a manner learns zt”l, was a bochur in Eitz Chaim, breaks the evil inside us.” l’shmah! .1 שמואל בקראי שמו, ע' י"ד ,someone noticed that he was learning When Rav Levi Yitzchak Bender .2 קובץ תפארת ישראל, שבט תשס"ז, ע' Bava Basra during bekiyus seder in- zt”l, heard this story, he was amazed. 55 stead of the regular mesechta studied “Surely learning with the express pur- by the rest of the yeshiva. This (Insight...continued from page 1) pose of breaking the bad within is a current resident does not provide a seemed very strange. Why would one 1 very great level!” legal explanation how he became the of the prized students of Rav Isser In light of this story we can un- owner, the land does not transfer to Zalman Meltzer, zt”l, deviate from the derstand a seemingly cryptic state- becoming his on its own. This is why regular learning seder? ment that the Pachad Yitzchak of Bo- he needs to offer a claim, and if he When this bochur asked Rav yan, zt”l, once made. does not claim that he bought it, we Shmuel about this he replied, “The A group of Boyaner Chasidim do not assume on our own that the difficulty in learning this mesechta, who were learning in Yeshivas Tiferes land was bought, and it remains in especially with the lengthy explana- Yisrael went to see the Rebbe. The the possession of its original owner. tion of the , made it very Rebbe asked them what they were

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