POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 50
BAVA BASRA 50 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the
Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause
1) A MARRIED WOMAN WHO SOLD HER PROPERTY
(a) Question: What does Rabah bar Rav Huna come to exclude?
1. If he excludes other property (which she has no
rights to) - all the more so, she can say 'I merely
wanted to please my husband', because he would be
very upset if she refused (he would assume she
anticipates being divorced or widowed)!
(b) Answer: Rather, he excludes Milug property (she gets it
back as is with her Kesuvah, even if it declined or
increased in value). (Regarding such property, if he can
prove that she sold it to him, he keeps it).
(c) Question: But Ameimar taught, if a man and his wife sold
her Milug property, the sale is invalid!
(d) Answer #1: No, that is when he or she sold it,
1. If he sold it and died, she takes the property;
(e) Answer #2: Ameimar holds like R. Elazar.
2. If she sold it and died, he takes the property by
i. (R. Yosi b'Rebbi Chanina): In Usha they enacted
that if a woman sold her Milug property and
died, the husband takes it from the buyer.
3. But if they both sold it, or if she sold it to her
husband, the sale is valid.
1. (Beraisa - R. Meir): Reuven sold his slave to
Shimon, and stipulated 'The slave will still work
for me for 30 days', the law of Yom O Yomayim (if an
owner strikes his slave and the slave dies from the
blow after 24 hours, the master is not killed)
applies to Reuven (for the slave is working for
him), not to Shimon;
i. R. Meir holds that owning the produce
(regarding a slave, the labor) is like owning
2. R. Yehudah says, (Yom O Yomayim) applies to Shimon
(for the slave is his property), not to Reuven;
i. R. Yehudah holds that owning the produce
(labor) is not like owning the property.
3. R. Yosi says, it applies to Reuven (for the slave is
working for him) and to Shimon (for the slave is his
2) CHAZAKAH IN A PROPERTY OF A MARRIED WOMAN
i. R. Yosi is in doubt whether or not owning the
produce (labor) is like owning the property
(therefore, we do not kill either master);
4. R. Elazar says, it does not apply to Reuven (for the
slave is not his property) nor to Shimon (for the
slave is not working for him);
5. Question (Rava): What is R. Elazar's reason?
6. Answer (Rava): "Lo Yukam Ki Kaspo Hu" - he must be
entirely the property of the owner.
i. (Likewise, since Milug property is not entirely
the property of the husband or wife, neither
can sell it.)
(a) (Mishnah): A man does not get a Chazakah in his wife's
(b) Question: But Rav taught, a married woman must protest
(against someone on her property)!
1. Question: Against whom must she protest?
(c) Answer #1 (Rava): Really, she must protest against her
husband; the case is, he was digging pits in her property
(since his right to eat the produce does not allow him to
dig pits, this proves that he bought it from her).
i. If against another man - but Rav taught, one
cannot make a Chazakah in the property of a
2. Answer: Rather, she must protest against her husband
(if she does not, he gets a Chazakah in her
1. Question: But Rabah taught, there is no Chazakah
(d) Answer #2 (Rav Yosef): Really, Rav meant that a married
woman must protest against another man;
2. Answer #1: He meant, the usual three years of
Chazakah are not needed for one who damages property
(rather, he gets a Chazakah immediately, if someone
else owned it, he would protest immediately).
3. Answer #2: He meant, one is never Muchzak to do
something with is very damaging to his neighbor:
i. (Rav Mari): One is never Muchzak to make smoke
enter his neighbor's property;
ii. (Rav Zvid): One is never Muchzak to use an area
as a bathroom if the stench will reach his
1. The case is, the man used her field for some time
before her husband died, and for three years after
her husband died;
2. Migo he would believed to say that he bought it from
her, he is believed to say that you sold it to your
husband, and I bought it from him.