1)A MIGO TO COLLECT A DEBT

(a)People were saying that Rava bar Sharshom was eating the Peros of orphans' land.

1.Abaye: What actually happened?

2.Rava: I took the land for Mashkanta from their father, who owed me also other money as well. I did not want to return the land after the Mashkanta expired, for then I would need to swear (like anyone who wants to collect from orphans);

i.Rather, I concealed the Mashkanta document, in order to continue eating the Peros until I collect the other loan as well;

ii.Migo that I would be believed to say that I bought the land, I am believed to say that they owe me the money.

3.Abaye: You have no Migo to say that you bought it, for people know that it belongs to the orphans;

i.Rather, you must return the land to them. When they grow up, you will claim your debt from them.

2)DO WE CONSIDER A CONCESSION TO BE AN ADMISSION?

(a)Rav Idi bar Avin's relative died, and left a date tree. Rav Idi and another relative (Reuven) each said 'I am the heir.'

(b)Version #1 (Tosfos): Eventually, Reuven conceded (the tree) to Rav Idi. Rav Chisda ruled that Rav Idi owns the tree.

1.Rav Idi: He must return the fruit that he ate all this time!

2.Rav Chisda: You have the tree only based on his admission. He says that he is the heir (and he just gave it to you for a gift)!

3.(Abaye and Rava): Rav Idi is right. Reuven's admission is that Rav Idi is the true heir.

(c)Version #2 (R. Chananel): Eventually, witnesses came and testified that Rav Idi was a relative. Since Reuven could not prove that he was a relative, Rav Chisda ruled that Rav Idi owns the tree.

1.Rav Idi: He must return the fruit that he ate all this time!

2.Rav Chisda: You have no witnesses that he ate fruit, only his admission. He says that it is his (and you cannot disprove this)!

3.(Abaye and Rava): Rav Idi is right. Since Reuven admitted that he ate the fruit, once we rule that Rav Idi owns the tree, Reuven must pay.

33b----------------------------------------33b

3)PARTIAL TESTIMONY OF CHAZAKAH

(a)Reuven and Shimon both claimed 'I inherited this land from my fathers'. Two witnesses testified that it belonged to Reuven's fathers, and two testified that Shimon ate it the years of Chazakah.

1.Rav Chisda: Shimon is believed, Migo he could have said that he bought it from Reuven and ate the years of Chazakah.

2.Abaye and Rava: No. Migo is not believed against witnesses. (Rashbam - the witnesses said that Reuven's fathers never sold it to Shimon's fathers; Tosfos (31A) - saying 'the land was from my fathers' implies that it was always theirs.)

(b)Levi (to Yehudah): You are on my land!

(c)Yehudah: I bought it from you, and I ate the years of Chazakah!

1.Yehudah brought witnesses that he ate the Peros for two years.

2.Rav Nachman: He must return the land and two years worth of Peros.

(d)Rav Zvid: Had Yehudah originally claimed that rented the land, he would be believed (he would not have to pay for the Peros). We learn from Rav Yehudah.

1.(Rav Yehudah): If Reuven held reaping tools and said 'I am going to reap Shimon's tree. I bought it from him', he is believed, for one is not so brazen to reap another's Peros.

2.Here also, Yehudah is not so brazen to eat another's Peros.

(e)Question: If so, when he claims the land, we should believe him, for he would not be so brazen to eat another's Peros!

(f)Answer: Had he bought the land, he would have a document.

(g)Question: Also if he rented the land, he should have a document!

(h)Answer: People do not write documents for Peros.

(i)Yosef challenged David: You are on my land!

(j)David: I bought it from you, and I ate the years of Chazakah!

(k)David brought one witness who said that David ate the years of Chazakah.

(l)Rabanan: This is like R. Aba's (coming) law of the ingot! (Tosfos - since David cannot swear that he did not eat, he must pay for the Peros for those years.)

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