Bava Basra - Daf 55

• Audio Timestamps

0:00 - The 3 Sugyos

2:59 - Review of 3 Sugyos

5:51- Siman

9:17 - 4 Blatt Back Chazarah

17:22 - Pop Quiz (Last 7 blatt)

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• Acquiring land by paying its property tax (vs. head tax)

Three laws are quoted in Shmuel’s name, the third of which is: הני זהרורי דזבין ארעא לטסקא – these wealthy heirs who purchase land by paying its property tax, זבינהו זביני – their purchase is a valid purchase. If the owner does not pay his property tax, the government allows anyone to pay it and thereby own the land. This acquisition is binding through דינא דלמכותא דינא. However, it only applies to טסקא – the property tax, but not for paying the owner’s כרגא – head tax, because כרגא אקרקף דגברי מנח – the head tax is placed on the people’s heads, and there is no שיעבוד on his property for it. Rav Huna brei d’Rav Yehoshua disagreed: אפילו שערי דכדא משתעבדי לכרגא – even barley in a jug is beholden to collection for the head tax, and certainly land is as well. Therefore, he holds acquiring someone’s land by paying their head tax is legitimate. The halachah does not follow this opinion.

•  ספק טומאה ברשות היחיד where it is unknown if he entered that field with a grave

Rav Assi said in Rebbe Yochanan’s name: המצר והחצב מפסיקין בנכסי הגר – a boundary and the chatzav plant (whose roots grows straight down) divide properties regarding acquiring the estate of a ger who died, as taught on Daf 53 (that a kinyan on one does not acquire the other), but not regarding פאה and טומאה. Ravin quoted Rebbe Yochanan saying that this division also applies to פאה and טומאה. A division for פאה means that פאה needs to be separated in each field. A division regarding tumah refers to a Mishnah about one who entered an area of fields during the rainy season (when it is a רשות היחיד, because people avoid trampling the produce), but said: ואיני יודע אם נכנסתי לאותו מקום ואם לאו – “I do not know if I entered that place or not,” i.e., the specific field containing a grave. Rebbe Eliezer rules him tahor, but the Chochomim rule him tamei, like the standard halachah of a ספק טומאה in רשות היחיד. Rebbe Eliezer explained his position: ספק ביאה טהור – in a case of doubt about entering the place of tumah, he is ruled tahor. ספק מגע טומאה טמא – In a case of doubt about contact with tumah, he is ruled tamei. A division between fields is relevant for Rebbe Eliezer’s ruling.

• Carrying out a חצי גרוגרת, and then another, on Shabbos

Ravin agrees that a boundary and chatzav plant do not divide domains regarding Shabbos liability, but Rava says it does. The relevant case is explained with a Baraisa: הוציא חצי גרוגרת לרשות הרבים והניחה – if one carried out something the size of half a dried fig into a public domain and put it down there, and then carried another חצי גרוגרת, בהעלם אחד חייב – if this happened during one lapse of awareness, he is obligated to bring a חטאת, because the two acts combine to a significant amount of carrying; בשני העלמות פטור – if this happened in two lapses (i.e., he realized it was Shabbos), he is exempt. Rebbe Yose says that even if both were done בהעלם אחד, ברשות אחת חייב – if both halves were carried into one domain, he is liable, בשתי רשויות פטור – if they were brought into two different domains, the two acts cannot be combined, and he is exempt. There are three opinions for what divides a רשות הרבים into “two domains”: (1) a רשות היחיד, (2) even a כרמלית, and (3) even a board of wood. This last opinion (Rava) holds a boundary and chatzav plant also divide רשות הרבים.

Siman - Speed Limit 55

The wealthy heir who had his servant put up a speed limit sign in a field he acquired by paying the previous owner’s taxes, wasn’t sure if he stepped over into the field with a grave, because he was distracted by the man with a number 55 on his hat, carrying out halves of a dried fig into רשות הרבים, one at a time.