REVACH L'DAF
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SUMMARY
1. The Gemara discusses a case of two people who have two different documents dated on the same day, stating that each one bought a certain piece of land.
2. The Gemara mentions a case in which a pregnant cow was sold, and there is a doubt about whether it gave birth before or after the sale.
3. If witnesses say that the original owner helped the current tenant with his fruit on this field, the original owner's claim (that he still owns the field) is disregarded.
4. However, if the original owner admits that the tenant was there as a renter, the fact that he helped is irrelevant.
5. A Nochri cannot establish an effective Chazakah.
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A BIT MORE
1. Rav: They split the property in question. Shmuel: The judges decide who owns the land. (Rashbam: The judges discern who the owner liked more, and rule that he presumably gave the land to that person, even though the circumstances are unclear.)
2. The law is that the buyer and seller split the newborn calf.
3. This is because an original owner who claims that the occupier stole his field would not have helped the thief during this time. This logic applies even if the tenant was there for a short amount of time (much less than three years).
4. This is an understandable reason for why he would help him. However, if the tenant was there for more than three years, the original owner is not believed (even if he did not help the tenant with his fruit), since he should have publicly made it known that this person was not the owner of the field.
5. Accordingly, if a Jew buys a field from a Nochri who has a Chazakah and then the Jew establishes his own Chazakah, and another Jew comes along (with evidence that he was the original owner) and claims that it was stolen from him by the Nochri, this Jew is believed. This is because the Nochri likely stole the field from the original owner, and therefore his Chazakah is meaningless, as it does not establish possession.
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Index to Revach for Maseches Bava Basra
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