Bava Batra 28 - July 23 - 17 Tamuz

Daf Yomi for Women - Hadran

Today's daf is sponsored by Mark Goldstein in honor of Rena Septee Goldstein's birthday! "Happy birthday to my wonderful wife and daf partner!"

After three years of uncontested use of land or property, a possessor's claim of purchase or gift is sufficient to prove ownership without documentation (chazaka). For non-irrigated fields, partial use in the first and last years suffices. A tannaitic debate discusses the required duration. Concerning fields with trees, Rabbi Yishmael is lenient and requires only three harvests of different fruits, even within one year.

The three-year rule's origins are debated. Rabbi Yochanan, citing Usha rabbis, derives it from shor muad (an ox established as dangerous after three gorings). However, the Gemara raises and resolves several objections to the shor muad comparison, though the final resolution aligns only with Rabbi Yishmael's position in the Mishna. Therefore Rav Yosef brings an explanation for the rabbis who disagree with Rabbi Yishmael from Yirmiyahu 32:44, interpreting the prophet's advice to keep documents to prove ownership of land after the destruction, which was to happen in the upcoming year, implying that one would need documentation to prove ownership for possessing land that one had possessed for only two years, but not for three. Abaye dismisses Rav Yosef's proof as Yirmiyahu's suggestion can be viewed as good advice, rather than law.