Bava Basra Daf 54
- Chazakah acts which depend on one’s intent – ex. One is koneh a tree he benefits by pruning
Shmuel taught four cases of chazakah which depend on whether one’s intent was for the property’s benefit. (1) האי מאן דפשח דיקלא – regarding one who removed branches from a palm tree, אדעתא דדיקלא קני – if his intent was for the palm tree’s benefit by pruning it, he acquires the tree; אדעתא דחיותא לא קני – if his intent was for animal food, he does not acquire it. His intent can be determined by seeing if he took branches from all sides of the tree, pruning it properly, or from one side, and just for obtaining animal food. (2) If one swept twigs from a field, then if he removed both large and small twigs, his intent was to clear the field for plowing and he acquires it, but if he took only large twigs, his intent was only to gather firewood. (3) One who removes obstacles (holes and mounds) from a field, if he put mounds into holes, his intent was to level the ground for plowing and it is a chazakah, but if he just partially leveled the areas around mounds and holes, his intent was to prepare it as a temporary threshing floor. (4) If one allowed water into a field, then if he made another opening to release the water, his intent is to catch fish, but if he only allowed water in, his intent is to water the field and it is a chazakah.
- How much of a hefker field is acquired through plowing part of it
The Gemara discusses: שדה המסויימת במצריה – Regarding a [hefker] field marked by its boundaries, Rav said: כיון שהכיש בה מכוש אחד קנה כולה – as soon as he digs once in [the field], he acquires the entire field. Shmuel said: לא קנה אלא מקום מכושו בלבד – he only acquires the place of his digging. The Gemara asks, regarding a שדה שאינה מסויימת במצריה – a field which is not marked by its boundaries, how to acquire the entire field (according to Rav). Rav Pappa answered: כדאזיל תיירא דשורי והדר – when he plows as a yoke of oxen goes and returns, i.e., two furrows in the field from one end to the other. On Daf 56a, Rebbe Yochanan is quoted as saying: כל שנקראת על שמו – as much of the field as is called by his name (referred to as “his field,” rather than “his fields”).
- נכסי עובד כוכבים הרי הן כמדבר כל המחזיק בהן זכה בהן
Shmuel said: נכסי עובד כוכבים הרי הן כמדבר – properties of an idolator, when being sold to a Jew, are like a desert; כל המחזיק בהן זכה בהן – anyone who makes a chazakah in them acquires them for himself. He explained: עובד כוכבים מכי מטו זוזי לידיה אסתלק ליה – regarding the idolator, as soon as the purchase money reaches his hand, he is removed from his ownership, since money effects transactions for idolators. Still, ישראל לא קני עד דמטי שטרא לידיה – the Jew who gave the money does not acquire the property until the שטר reaches his hand, as is the halachah in a city where a שטר is usually written. Therefore, the land is left ownerless (“like a desert”) and available for anyone. Abaye asked Rav Yosef that this seems to contradict Shmuel’s own ruling, that דינא דמלכותא דינא – the law of the government is binding law. Since the king decreed that land is only purchased with a document, it should remain in the idolator’s possession until the שטר is received and transferred then to the Jewish purchaser!? Although Rav Yosef’s recorded response is rejected, the Rashbam writes that Rav Yosef denies that the law requires a שטר to acquire land.
