BAVA BASRA 53 - Dedicated by Mrs. Eta Kloristenfeld in memory of Dr. Shlomo Sprecher a'h, who was Niftar yesterday (17 Adar). Dr. Sprecher was an extraordinary Talmud Chacham, who gave a Dafyomi Shiur for decades.

1)CHAZAKAH TO ACQUIRE (cont.)

(a)Question (Rav): What is the law regarding a gift?

1.Shmuel: What is Rav unsure about?

2.A buyer pays money, yet he does not acquire (if not in front of the seller) unless the seller said 'go make a Chazakah and acquire';

i.One who receives a gift pays nothing. All the more so he acquires only if the seller said this!

3.Answer: Rav holds that one who gives a gift, he gives (more) generously (than one who sells).

(b)(Rav's question is not resolved.)

(c)Question: (We said that fencing or breaching any amount in a wall is a Chazakah.) How much is considered 'any amount'?

(d)Answer: It is like Shmuel taught.

1.(Shmuel): If one added to a low fence, and completed it to a height of 10 Tefachim, or widened a hole so that he can leave through it, this is a Chazakah.

2.Question: What is the case of adding to the fence?

i.If originally people could not go over it (due to the slope or position), and now also they cannot, he accomplished nothing by adding to it!

3.Answer #1: Originally people could go over it (with difficulty), and now they cannot.

4.Rejection: He accomplished much. This is not called 'any amount'!

5.Answer #2: Originally people could go over it easily, now they can go over with difficulty.

6.Question: What is the case of breaching the fence?

i.If originally there was a hole through which people could pass, and he widened it, he accomplished nothing!

7.Answer #1: Originally people could not pass through, and now they can with difficulty.

8.Rejection: He accomplished much. This is not called 'any amount'!

9.Answer #2: Originally people could pass through with difficulty, and now they can pass through easily.

(e)(Rav Asi): If he inserted or removed a stone and this helped, it is a Chazakah.

(f)Question: What does it mean 'inserted or removed'?

1.If he did so to prevent the field from being flooded, or to enable excess water to leave the field, he saved another's property from damage. This is not a Chazakah!

(g)Answer: Rather, he inserted it to keep the water in the field (to irrigate it), or removed it to allow water to enter (to irrigate it. This improves the field; it is a Chazakah.)

2)ONE CHAZAKAH FOR TWO PROPERTIES

(a)(Rav Asi): If there was a fence between field A and field B (of a convert who died), and Reuven was Machazik in field A to acquire it, he acquires it;

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(b)If he was Machazik in field A, intending to acquire both, he acquires only field A;

(c)If he was Machazik in field A, intending to acquire B, he does not acquire either field.

(d)Question (R. Zeira): If he was Machazik in field A with intent to acquire it, the fence and field B, what is the law?

1.Since he intends to acquire also the fence, they are considered like one field (and he acquires everything)?

2.Or, they are judged like two separate fields, and he acquires only field A?

(e)This question is not resolved.

(f)Question (R. Elazar): If he was Machazik in the fence, intending to acquire both fields, what is the law?

1.Do we say 'the fence is like reins on the fields', so he acquires them?

2.Or, is it a matter unto itself, and he does not acquire them?

(g)This question is not resolved.

(h)(Rav Nachman): If there were two houses, one inside the other, and one was Machazik in the outer one to acquire it, he acquires it;

1.If he was Machazik in it with intent to acquire both, he only acquires the outer one;

2.If he was Machazik in it with intent to acquire the inner one, he does not acquire either.

(i)If he was Machazik in the inner one to acquire it, he acquires it;

1.If he was Machazik in it with intent to acquire both, he acquires both;

2.If he was Machazik in it with intent to acquire the outer one, he does not acquire either.

3)HOW TO ACQUIRE HEFKER LAND

(a)(Rav Nachman): If Reuven built mansions on Hefker property (a convert owned it, and he died without heirs), and Shimon put doors on them, Shimon acquires them.

(b)Question: What is the reason?

(c)Answer: Without doors, the mansions are mere arrangements of bricks.

(d)(Rav Dimi bar Yosef): If Levi found a mansion on Hefker property and plastered or engraved a picture on the wall, he acquires it.

(e)Question: How much area must he plaster or engrave?

(f)Answer (Rav Yosef): It must be a (square) Amah.

(g)(Rav Chisda): It must face the entrance.

(h)(Rav Amram citing Rav Sheshes): If one spread a sheet on Hefker property and sleeps on it, he acquires the property.

(i)Rav Sheshes proved this from a Beraisa.

1.(Beraisa): Reuven makes Chazakah on a slave in any of these ways: the slave ties or unties Reuven's shoe, takes his clothes to the bathhouse, undresses him, bathes him, anoints him, scratches him, dresses him, or lifts him;

2.R. Shimon says, Chazakah is not greater than Hagbahah, which acquires everywhere!

3.Question: What are the opinions of R. Shimon and Chachamim regarding Hagbahah?

4.Answer: The first Tana says that if the slave lifts Reuven, Reuven acquires him, but not if Reuven lifts the slave. R. Shimon says that since Chazakah acquires, all the more so Hagbahah (lifting the slave).

5.(Just like using a slave is a Chazakah, also using land.)

OTHER D.A.F. RESOURCES ON THIS DAF