Bava Basra - Daf 39

• Audio Timestamps

0:00 - The 3 Sugyos

3:30 - Review of 3 Sugyos

5:58 - Siman

8:40 - 4 Blatt Back Chazarah

16:27 - Pop Quiz (Last 7 blatt)

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• When the witnesses to the מחאה will not tell the מחזיק

Rav Zevid said that a מחאה must state: פלניא גזלנא הוא דנקיט לה לארעאי בגזלנותא – “Ploni is a robber, for he took my land in robbery, ולמחר תבענא ליה בדינא – and tomorrow I will sue him in court.” If the protester told the witnesses: לא תימרו ליה – “Do not tell [the מחזיק] that I protested,” Rav Zevid says the מחאה is invalid, since they were told not to tell him. Rav Pappa says that he meant: לדידיה לא תימרו ליה – “Do not tell him himself, לאחריני אימרו להו – but you may tell others about it,” and it will spread through the principle of חברא אית לי'. Similarly, if the witnesses said, “We will not tell him about the protest,” Rav Zevid says the מחאה is invalid, but Rav Pappa says they still intend to tell others. If the protester said: לא תיפוק לכו שותא – “Do not let a word about my protest leave your mouth,” the מחאה is invalid, since they will tell no one. If they said: לא מפקינן שותא – “We will not let a word about the protest leave our mouths,” Rav Pappa said the מחאה is invalid, but Rav Huna brei d’Rav Yehoshua said: כל מילתא דלא רמיא עליה דאיניש – anything which is not incumbent upon a person to keep secret, אמר לה ולאו אדעתיה – he will say it unintentionally.

• מחאה before how many people, לשון הרע which was said before three people

Talmidim of Rebbe Yochanan were asked how many people he required to witness the original מחאה. Rebbe Chiya bar Abba quoted him requiring two witnesses, and Rebbe Abahu quoted him requiring three. The Gemara suggests they argue about Rabbah bar Rav Huna’s principle: כל מילתא דמתאמרא באפי תלתא – anything which was said before three people, לית בה משום לישנא בישא – there is no prohibition of lashon hara to repeat it, since it is certain to become public knowledge. Similarly, a מחאה would require three people to become public knowledge. The opinion that מחאה before two witnesses is valid must hold that information told before two people is assumed to become public knowledge. The Gemara answers they may agree with Rabba bar Rav Huna, and explains the machlokes two other ways: (1) They argue about מחאה שלא בפניו. If he must protest in his presence, two witnesses are sufficient. If he can protest in his absence, he must do so before three witnesses to ensure the information reaches him. (2) They argue if סהדותא בעינן – we only need testimony about the מחאה, which he will likely hear about, or גלויי מילתא בעינן – we require publicizing the מחאה, which is only guaranteed with three witnesses.

• How often must the former owner protest?

Gidal bar Manyumi protested someone occupying his property before three Amoraim. He came the next year to protest again, but they told him it was unnecessary, because Rav said: כיון שמיחה שנה ראשונה – once he protested the first year, שוב אינו צריך למחות – he no longer has to protest during those three years. Still, Bar Kappara said: וצריך למחות בסוף כל ג' וג' – he must protest at the end of every three years, otherwise the מחזיק establishes a chazakah (because he can reasonably have lost his שטר, since his possession went unchallenged for three years). Rebbe Yochanan argues, because the original מחאה accuses the מחזיק of robbing the field, and he should have guarded his שטר until proving his ownership. Rava rules that one must protest every three years. Bar Kappara says that the מחאה every three years must be מחמת טענה ראשונה – based on the original claim (of robbery, etc.), but if he changed his claim, his מחאה is void.

Siman – Letter

After the מוחה wrote his מחאה in a letter and sealed the envelope telling the eidim not to show the machzik, but they can show others, they showed it to three people because they learned in shemiras halashon that that’s the way to guarantee everyone will find out about it and told the מוחה to be ready to send another one out in three years’ time.