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Bava Batra 37 - August 1, 26 Tamuz

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Content provided by Michelle Cohen Farber. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Michelle Cohen Farber or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

The Gemara continues to discuss whether plowing can create a chazaka on land. This issue was a subject of debate by many rabbis. If one benefits from only 10 out of 30 trees (that are growing in a field of three beit sea) each year (and each year a different ten), one can still create a chazaka on the whole field, both according to the rabbis and Rabbi Yishmael. However, there are two limitations to this halakha. If one sold all one's property to two people - one the trees and the other, the land, does the one who purchased the trees also acquire the land under/around the trees? How does that differ from one who sold the rights to the trees in one's property? Or if one sold the land but kept the trees? How does that case relate to the argument of Rabbi Akiva and the rabbis regarding one who sold a field but kept a pit or cistern for him/herself - did one leave oneself a path to get there or does one need to buy a path from the buyer to get there?

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1691 episodes

Artwork
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Manage episode 431755728 series 2972470
Content provided by Michelle Cohen Farber. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Michelle Cohen Farber or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

The Gemara continues to discuss whether plowing can create a chazaka on land. This issue was a subject of debate by many rabbis. If one benefits from only 10 out of 30 trees (that are growing in a field of three beit sea) each year (and each year a different ten), one can still create a chazaka on the whole field, both according to the rabbis and Rabbi Yishmael. However, there are two limitations to this halakha. If one sold all one's property to two people - one the trees and the other, the land, does the one who purchased the trees also acquire the land under/around the trees? How does that differ from one who sold the rights to the trees in one's property? Or if one sold the land but kept the trees? How does that case relate to the argument of Rabbi Akiva and the rabbis regarding one who sold a field but kept a pit or cistern for him/herself - did one leave oneself a path to get there or does one need to buy a path from the buyer to get there?

  continue reading

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