Gemara Markings Daf Yomi
Bava Basra 28
Dafchaf grasomidala if we begin the 3rd Parak, Khazas Abatim, says the mission of Khazas Abatim. In other words, Khazaka has a number of uses here. The use is going to be that it's basically an understanding of ownership. So how long or what must be done by a person that he's considered the owner of something even though that hasn't been the case from time immemorial. So, for instance, if I buy a house from somebody else, when I assume to be the buyer, if I move into a house, Khazas, Khazaka Abatim, it would be property, real estate, houses, bowries, shihnumara, different pits and caves, the hashawi vakhhs, birdhouses, mir katsawis, bathhouses, base havadim, oil, pressing areas, base hachlachin, those are fields that have a water source in them, like a spring that can be used to give water to the field, a havadim and slave ownership. The shul davar shihu, isa peri estadir, or for that matter, anything else that constantly produces benefit or peros. The assumed Khazaka, in other words, when is someone new, who's there, assumed to be the owner. There's going to be a lot of nafkaminas, like how do you have to hold on to proof, like the document that you're the actual owner. So Khazkasan, the assumption of the Khazakas, created shulosh shunamiyamli, basically three years, day to day three, full years, kama. Now a sadha base habbal, that's a field that doesn't really need to be irrigated. The rain that falls is enough for it, so the Khazaka, for that type of field, for ownership of it, is also shulosh shunam, but it doesn't have to be three full years, the inan miyam Now, how short can the period of time be, if it's sadha base habbal, that you were the assumed owner, and nobody else had any other claims against you, sort of Yishmawlui boxed, and two lines underneath us, we also boxed. Yishmaw says, gimul Khadashim barishayna, it's enough that you have three months of the first year, let's say tamas of an elo, gimul bakhraina, and then you have three months at the end, meaning the last year, that would be tishrai kashran kislaiv of the third year, and then shulam wa sakrai kashran, so a full year in the middle, basically three months, plus then a full year, plus another three months, sorry, elu, yutras haidesh. It's a total of 18 months, a Khazaka can be established, whereas our bikiva says, even less, haudesh bishayna, one month, let's say the month of elo, then khadesh bakhraina, 12 months later, one month, at the beginning of the third year, we'll call it maybe tishrai, and then yut base khadesh vamsa, full year in the middle, it's basically a month, plus a year, plus another month, hare elu, yutdala khadesh, should be enough to have 14 months to establish these, so to speak, three year hazaka. Amorgi shmal, I struggled his name here, he says vamid, vamamurim, when is it that you need to have 18 months for a sada base habao, that's bistay loveon. Stay loveon is kind of, if you look at it from far away, it all looks like one thing, it's basically a grain field, growing, let's say, weeder barley, and it's a rain grain field, of al-Bissade elon, if we're talking about trees that are in a field, then you have, let's say, different types of trees, let's say there's grapes, and there's olives, and there's figs, khanas es tivua sai, if you brought in, you were the, I guess, the assumed owner of the field, everyone saw you work in there, you brought in the produce from the vineyard, umas gazay stuff, and shortly after that, you brought in the olives, from the olive picking, vikonas es kaidsai, and you brought in your figs, which would be, you had fresh figs, and then they were out to dry, and now they're all dried up, haray elugimoshan, and that's the equivalent to three years, that might not have taken three years, and might have taken a lot less than that, but you get your, so to speak, three years kazaka. Okay, says the gamora, amara bhiokananai, firebox from bhiokanan, or bhiokananai, tell us that he heard something from the hulchai usha, shamatmi hulchai usha, androlan shamatmi hulchai usha, we know the Sanhedrin, the haidduish court sat up on the harabayis, however, near the end of the second base of English period, it was exiled, it had a number of different stops, one of them was in the city of Usha, so the bhiokanan reports that he heard from those who went to Usha shahayu ayurman, mina yin le kazaka, that it's three years, and I don't underline that, so the mission of very clearly assumed that it takes three years to establish a kazaka, well, where do we know that from, where do we know three years from, so me sure, hamawat, we know it from ae ox, now we know that in general ane ox is considered tham, if it does damages, it pays half damages, and then after a certain number of times that ane ox, let's say, has gourd, it becomes a shormuad, where it's assumed to gourd, and all of the hulchas that accompany that shure have changed, so just like kol and ma shormuad, what is it, how many times does it take, what's the number that turns it from a short time to shormuad, kevin shinaka, gimuliki, chais, three gourings, nafakle, it removes itself, it's removed from the sides of the kazaka's tham, from a short tham, which is assumed to be not a gouring ox, the kamle, the kazaka's muad, and then becomes a kazaka's muad, so three is the number, hahana me so two over here, kevin de akhla, once a person, akhla remains eat, we could say it in more general, like, consumed or used, once you have this new guy who's used the field, klas ashan, and for three years, nafakle, it then gets removed from the rishus of the mocha, everyone knew, like, years ago, that was Bob's field, the kamle, rishus le kevin shinaka, now it is assumed to be the new person, the purchaser, let's say, karl's field, okay, we're gonna have a series of questions on this, if we're learning the three-year kazaka from the three times that an ox scores, and becomes from a short time to a short muad, e, I put a triangle on this word, e, on this, I'm a baze in the second line, el amiata, I put a triangle around that, and then about five lines later, the last two are on the line, or el amiata, I put a triangle around that, so ask for the mara, back to kaf kazmed alaf, three lines on the bottom, e, mah short muad, you say you're learning short muad from, you're learning three-year kazaka from short muad, well, what can be proud, you can't bring a proof from short muad, because short muad ad nighikr aviyya sla makhayev, when the person's ox scores, first time, second time, third time, he's like, let's say, half damages to pay, you need it to go a fourth time, until that time, the person's not gonna be kayev, full damages, so then ha ha, nami, so too, shouldn't we say then by, let's say, a field, ad shana, aviyya, then you would require up until the end of the fourth year, lo kaimabirushu, say it's not yet assumed to be in the possession, rightfully of the new guy, so it was just three years, maybe you need to, like, till the end of the fourth year. So the more answers, ha shana, one, second, how, now, the fourth goring, and we're comparing that to the fourth year, ha sa, when it comes to the ox, miki, nagak, shahla, shnagiheis, eight gourd ones, twice, three times have moi, it's immediately a moi, after the third goring. It's almost like a technicality, well, obviously, nagak mikiheis, until, and if there's a fourth goring, but after the third one, it's already got the status of being a shur moi, vidak, ke le nagak, my le shullen, the only reason you need to have a fourth goring is because otherwise, there's nothing to pay, but it already becomes a moi, after three gourings. Ha ha, in the case of a field, kivendachla, plus shnagiwans has been used three years, kamala be re shusae, er kaimala be re shusae, it becomes the assumed owner of the one who was using the last three years. El me ata, this got another triangle, another question on this, El amat, if you're going to say that, then hazaka, sheinima, taina, to have a hazaka, if we're learning the three year land hazaka from Shur moi, then a hazaka that doesn't have, along with it, some sort of claim of how it came into this possession should be a good hazaka, yet, alamatsanan, why does the mishna, later on in this parak say, as follows, it's a one line quote from the mishna, and it says it's a general rule, kol hazaka, sheinima, taina, ina hazaka, that if it's a hazaka, now he's been there, and we ask him, "Hey buddy, what are you doing here?" and he says, "Well, if he doesn't have a claim, like I bought it, or he gave it to me," or something like that, that's not a good hazaka, but one second, if we're learning the three year land hazaka from three goreings, doesn't have to necessarily have a taina along with it, that's the question, answers the gamara, one second, taina, mai, why is it that we say, three years, takes it out of the hazaka of the original owner, and puts it into the new owner, Jamrenan, because we say, dilma kide ka amar, well maybe, because it's, like what he said, well then hashta, ihu lai taina, now it has to be like he said, well what did he say, if he's not making any claim, you expect us to come and make some sort of claim for him, annan leeton leet, so it's different. Mascavar, if you were the third and final question on this, that we're learning, three year hazaka, from a goreng ox, el amiata, maha shole bifanav, let's say a formal protest is put up by the previous owner, and he says, bob, like what's bob doing in my field, that's my field, I know he's been there like a year or two, but that's mine, I have no idea why he's there. Now if he says it directly to bob, that's a good maha, let's say he says it just to some other people, that's saying maha shole bifanav, which is not in the presence of bob, who's currently like, you know, imagine it's he's living in the field and working the field, lo tahave maha, it shouldn't be a good maha, dum yah, similar to a shoramuad. Why colon? Well we know by a shoramuad, if somebody has an ox, and it's a short time, the cases when it gored have to be brought to the attention of the owner, the ox, mah shoramuad, the fun of being done, if you know, some person shows them based in it and says, you know, Carl's ox gored someone, well we got to let Carl know, so it has to be in Carl's presence, a fakanav, me bifanav, hakanav, bifanav, you'd have to have it, you should have to have it, no, in the presence of the land owner. So the Gomorrah explains there's a difference between the two, no, ha, some, it says specifically in the puzzle, that to make a shor from a shoramuad, it requires two word quote from the verse, vihuad bivvalav, it has to be testified about in the presence of the owner. Steve is what's written, kama, hakaha, however, here, if the issue is simply land ownership, you could have the guy who claims that he's the previous owner, he actually claims that he is the owner, he doesn't even know how this new guy got there, and that will definitely get to the ear of the person who's working the field now, where currently claims he's the owner of the field, because of the old concept of havre, havre isle, the havre de havre, havre isle, well your friend has a friend, and your friend's friend has a friend, and basically even if a maha is done, a formal protest is made not in the presence of the guy who's so working, living in the house or running the land right now, it will get to his attention, period, Ula Rabbi Meyer. Now who's Rabbi Meyer? So will box Rabbi Meyer, I don't remember having him in the Mishnah, have a Rashi explains, and right at the end of the narrow lines in Rashi, lere Meyer d'ammar, and Rashi does a kolomar, there's a maklokas Rabbi Yuhuda and Rabbi Meyer, Rabbi Yuhuda says, what's a muhad, it's any animal that has testified against three different days, so then you could say over here that the three years that are required are like parallels to the three days, continues Rashi though, Ela Rabbi Meyer, only box from Meyer in the Rashi, who says over there, even if you have an ox that gourd three times in one day, that would be a muhad, and he lives it from a kalba kalimar, well then here, if it was consumed, let's say three different peries on one day, prince is like figs that ripen ones ripe already in the morning and one in the early afternoon and one in the late afternoon, that should be good enough kazakas, so we're going to have a series of questions on this sheet that serve your mirrors, back in the gomor lere Meyer, right, box from Meyer, d'ammar, he's the one who says that when it comes to goring ox that hey, if you know what gourd on Monday, and then Tuesday and Wednesday, that would be a gourd, and certainly if it gourd person one on Monday, and then person two later on Monday, and person three on Monday, all the more so, everybody Meyer's opinion is, it's a one-line phrase, riheik nighi hai saf hai, qi ri hai saf hai, qi ri hai saf hai, that if they're further away, and that makes the person hai, in other words, turns the animal to be muhad, then qi ri hai, nighi hai saf hai, the more so, if it's showing its violent tendencies with greater frequency, not all the more so, then how about this, akhla, I put a double underline on this word akhla, we're going to a series of four scenarios, here's this one, four lines later in the middle of the line, this is akhla again, I double underline that, three lines later, second one in line is akhla, I double under that akhla, and three lines later in the middle line is another akhla, I double underline that, so four questions, here's the first, basically with in Ribi Meyer, who says that goring's, hey, like, if three separate days can turn it into a shore muhad, all the more so three on the same day, then how about this, akhla tclasapiri bikhat yuma, imagine you have a field and it's got different fruit trees going on, and there were three different peries that were consumed by this person who, you know, as far as we know, he's like the new owner, could going to aina, like a fig that, let's say, eight in the morning, and then again at one in the afternoon, and then one to get another one at six in the afternoon, that should be akhazaka, there's three different eatings, according to Ribi Meyer, so the gomorna answers, no, that's not going to work because you need to have the three or akhazaka to be similar, dumna de shore muhad, colan, hausau, mah shore muhad, the shore muhad, when it gored, person number one, bidna de isa lahine giha, le isa lahine giha, just like in time, in reality, the second goring hadn't yet happened yet, there's goring number one, and then that one's finished, and then a totally new one, a totally new one, hakana misochu when it comes to the three years, or in this case, three somethings that would establish akhazaka on a ship, but idna de isa lahine pyre, le isa lahine pyre, you have to have, you can't have a fig that you pick at eight in the morning, and there's another fig that's not really yet right, but if you come back like four hours later, it will be, no, it has to be that, that pre is not there, okay, well, how about this then, akhla, double another word akhla, slasa piri, bit slasa yumi, to go in slaf, well, imagine if the, I think slaf is the caperberry bush, if you had three paeroys on three different days, so day one, then the next day, then the next day, for instance, like slaf, where you can actually have the pre is ready to go in, it grows apparently very quickly, lahave, hakazaka, that should be a good enough amount of time, there would be akhazaka, well, the gamora answers, that one also know, because hasam, pyrami ha isa, the pre is there, it might not be finished at all, but it's there, umigmurhudhikagamar vazil, and it's only that it was finished, you actually have to have a situation where the pre isn't even there, okay, well, how about this, akhla, if you have a person who had land that he was working on, like a field, and slasa piri, bit slasa yumi, let's say three different paeroys over 30 days, let's say at the end of day 10, at the end of day 20, and at the end of day 30, could go in, for instance, like aspasta, aspasta is a type of plant growth, it's usually used for animal food, and you could have it grow grows very quickly, you could cut it down, say after 10 days, and get the first batch, then again after another 10 days, the second batch and third batch, that should be akhazaka, so the gamora says back, well, heikidami, how exactly are you doing this, you're not going to have fully grown aspasta, dikadiyaha akhla, dikadiyaha akhla, it's, if you're going to let a little bit grow, and then cut it, add a little bit more grow, and then cut it, well, you're not really getting the full tree, aspasta, mishaame to dikadiyaha akhla, you're basically snatching away before it's fully grown, and that's not good because you need the whole pre to have been consumed, so the final stage of our question is it went from one day to three days to 30 days, now we're going to go to three months, aspasta, after month one, then you let it grow again fully, and you after month two, and then after month three, so akhla, tlassa piri, three totally separate produces, bitslassa akhih over three months could go in aspasta, so if you plant aspasta, let's say 29, 30 days later, it's ready to go, totally ready to go, you cut it off, and then you plant the whole new aspasta, and do it a second time, the second month, the third time, the third month, la habih kazaka, that should be a kazaka, that is the question, well, answer the gamara, man hochai usha, remember this whole thing is within the hochai usha, who in the, had told us that this is the case, who are those hochai usha, it's actually Rabbi Ushmall was amongst them, well, Rabbi Ushmall, that's right, you could establish a kazaka in less than three years, ditznan, like we have a musical from our mission, it goes through almost three lines, and with this we will conclude this year, Rabbi Ushmall, when is that, that's beste ha lavan, that's in a grain field, afal beste elan, if it's a tree field, if a person was khanas es tu a sai, he brought in his produce, let's say maybe grapes, umasaka zesav, and picked his olives, the khanas es kaitai, and brought in the things that were led without a dry, hare elu, shawlishanim, now it's not three years, but what we mean is it's the equivalent of three years, and therefore is able to establish the kazaka. In rithishan, when we pick up next year, that was all within, um, one take approach, however, le robonon, my, the robonon that don't agree with this rithishanimall, where do they know three years kazaka from, so I screwed one around the robonon my, and image them, that's what we will pick up with next time, adka.