1)A VALID MACHA'AH

(a)Question: What is a valid Macha'ah?

(b)Answer (Rav Zvid): If Reuven says 'Ploni is a thief', this is invalid (if Ploni hears this, he does not know why Reuven said this. He will not guard his document more than the usual three years);

1.He must say 'Ploni is a thief. He is stealing my land. I will take him to Beis Din.'

(c)Question: If Reuven told the listeners 'do not tell Ploni', what is the law?

(d)Answer #1 (Rav Zvid): Since he told them, they will not tell him. It is invalid.

(e)Answer #2 (Rav Papa): It is valid!

1.The listeners can tell their friends, those friends can tell their friends...(and Ploni will hear).

(f)Question: If Reuven told them 'do not tell anyone', what is the law?

(g)Answer (Rav Zvid): Since he told them, they will not tell anyone. It is invalid.

(h)Question: If the listeners told Reuven 'we will not tell anyone', what is the law?

(i)Answer #1 (Rav Papa): Since they said that they will not tell anyone, it is invalid.

(j)Answer #2 (Rav Huna brei d'Rav Yehoshua): Whenever one was not commanded to keep something secret (and he will not lose if reveals it), he is not careful to keep it secret. The Macha'ah is valid.

(k)(Rava citing Rav Nachman): A Macha'ah not in front of the Machazik is valid.

(l)Question (Rava - Mishnah - R. Yehudah): The Chazakah is valid. We require three years in order that after Shimon uses the land for one year, word will reach Reuven in one year, and Reuven will have one year to come and protest.

1.If a Macha'ah not in front of the Machazik is valid, why do we allow a year to come and protest? Reuven can protest where he is!

(m)Answer: (Really, Reuven can protest where he is. A third year is needed anyway to allow time for Shimon to hear the Macha'ah.) The Mishnah gives wise counsel to Reuven, that he himself return;

1.If Reuven would protest now and return later, it will be hard to force Shimon to pay for the Peros he ate in the meantime.

(n)Inference: Since Rava tried to refute Rav Nachman, Rava must hold that a Macha'ah not in front of the Machazik is invalid.

(o)Question: Rava said that a Macha'ah not in front of the Machazik is valid!

(p)Answer: Rava said that after he heard Rav Nachman's answer (and accepted it).

2)HOW MANY MUST HEAR THE MACHA'AH?

(a)(R. Chiya bar Aba citing R. Yochanan): Macha'ah must be in front of two.

(b)(R. Avahu citing R. Yochanan): Macha'ah must be in front of three.

(c)Suggestion: R. Chiya bar Aba and R. Avahu argue about Rabah bar Rav Huna's law;

1.(Rabah bar Rav Huna): If something was said in front of three people, if one repeats, it he does not transgress Lashon Hara.

39b----------------------------------------39b

2.R. Chiya bar Aba argues with Rabah bar Rav Huna. He holds that anything said in front of even two (will become known), and if one repeats it he does not transgress Lashon Hara.

3.R. Avahu agrees with Rabah bar Rav Huna. Only something said in front of three will become known.

(d)Rejection #1: No, all agree with Rabah bar Rav Huna;

1.R. Avahu holds that a Macha'ah not in front of the Machazik is valid. Three are needed to spread the word everywhere;

2.R. Chiya holds that a Macha'ah must be in front of the Machazik. Surely the Machazik will hear. it suffices for two (witnesses) to hear it.

(e)Rejection #2: Both hold that a Macha'ah not in front of the Machazik is valid;

1.R. Chiya holds that it suffices to have two, for they can be witnesses (and they are likely to inform the Machazik);

2.R. Avahu holds that we want everyone to find out, so three are needed.

3)IS ONE MACHA'AH ENOUGH?

(a)Gidal bar Minyomi made a Macha'ah in front of Rav Huna, Chiya bar Rav and Rav Chilkiya bar Tuvi. The next year, he came to protest in front of them again.

(b)Version #1: They told him that this is not needed, for Rav taught that one Macha'ah suffices (for three years).

(c)Version #2 (Chiya bar Rav): This is not needed, one Macha'ah suffices (for three years).

(d)(Reish Lakish): One must protest at the end of every three years.

(e)Objection (R. Yochanan): What is the reason? Does a thief get a Chazakah?!

1.Question: Why does R. Yochanan call him a thief? He claims that he bought the land and lost his document!

2.Correction: Rather, since he is suspected to be a thief, (he knows that he must always guard his document, so) one Macha'ah suffices.

(f)(Rava): The Halachah is, one must protest at the end of every three years.

(g)(Bar Kapara): If Reuven made a Macha'ah, then another, then another, if the claims are all the same (e.g., he always says 'Ploni is stealing my land'), Ploni has no Chazakah;

1.If the claims are different (first he said 'he is a thief', and the next time he said 'the land is a Mashkanta with him', proving that his first claim was false), Ploni has a Chazakah.

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