Bava Batra 29 - July 24, 18 Tamuz
Daf Yomi for Women - Hadran - A podcast by Michelle Cohen Farber
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Today's daf is sponsored by Masha and Yisroel Rotman in loving memory of Masha's father, Solomon Maltz, Shlomo Emanuel ben Yaakov Yitzchok, on his 20th yahrzeit. “It was very important to Ta that his daughters receive a good Jewish education, and he respected Torah learning immensely. He would have been proud that I am learning the Daf Yomi.” Rava gives a third interpretation of why one can claim ownership over land one has been benefiting from for three years. After a few comments by Abaye, Rava modifies his answer, concluding that after three years, people are not careful to keep their documents. Therefore, if the owner did not protest within three years, the possessor can prove ownership. Rav Huna explains that the three years need to be consecutive. Difficulties are raised against Rav Huna, as well as qualifying statements. Two rabbis purchased a female slave together and she worked for each one on alternative years. When the original owner raised doubts regarding their ownership, Rava ruled that they did not create a chazaka as she only worked for each on alternative years. If one benefited from the produce from a field for three years, but not from a certain small piece of the property (size of a beit rova, for planting a quarter of a kav of seeds, or more), they do not have ownership rights to the small area. Rav Huna son of Rabbi Yehoshua limits this to a case where the land was suitable for planting, but Rav Bivi disagrees. There was a case where one tried to kick someone off the land, claiming he was the real owner. The possessor claimed he bought the land from the other and benefited from the produce for three years without the original owner protesting. The original owner explained that he had a legitimate reason why he had not protested and Rav Nachman ruled that the possessor had to prove that this was not the case. Rava disagreed based on the principle hamotzi m'chavero alav haraya, the burden of proof rests upon the claimant.