תלמוד בבלי
תלמוד בבלי

פירוש על בבא בתרא 56:7

Rashi on Bava Batra

And the other - Like saying (meaning): and the fourth goring we need, meaning that because without goring after the chazaka (was placed) what (is there) to pay.
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Rashi on Bava Batra

That is not accompanied by a claim - Explained in the Mishna later (Bava Batra page 41a), says to him "what are you doing within mine (in my property)", (the trespasser) says to him that "Nobody ever told me anything (about me using your property)", and does not say to him, "you sold it to me".
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Rashi on Bava Batra

Should be chazaka - That is (since) you said that three years takes out from him, from the dominion of the seller. (without any need of claiming legal ownership)
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Rashi on Bava Batra

And (the gemara) answers: What is the reason? - We say three years takes it out from the Chazaka of the first master (owner), we say: perhaps like he (the possessor) said. (Example:) this one says "I acquired it from you" and this one says "you stole it from me", and we don't know with who is the truth. Comes (the) chazaka of three years and it establishes it in(as) his (the possessor) property, and we say perhaps it truly is like he (the possessor) said (that he acquired it). But without an argument (of the possessor, such as "I aquired it"): from where did he aquire so as to eat for three years? (we can can ask what right has he to be there).
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Rashi on Bava Batra

A protest not in his pressence (of the possesor) should not be (considered) a protest - If the accuser protests within three years in the pressence of witnesses that (was) not in the pressence of the possesor and he says know that such person is holding my land through theft, it would (should) not be (considered) a protest.
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Rashi on Bava Batra

Similar to the warned bull - That we testified that his bull gored and the three times that they testified weren't in his pressence (the owner's), he is not made (placed in the status of being called) warned. Also, warning (in front of) witnesses of 'protest' would not be (called) witnessed, (since) it wasn't in his pressence (of the holder), the protest will be similar to the warning (of the bull). That is (the protest before witnesses only works as a) warning to guard his bull, and also the protest (of the occupancy) is a warning to be careful in (being able to) proving his merit (to be there) and his purchase document.
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Rashi on Bava Batra

There, "And Warning in his owner (he has already been warned with witnesses)" said the merciful-one (as written in the Torah)... - As if meaning to say: (they are) not similar (the case of the bull to that of property) even though we learned three years from three gorings, just as we remove these from (their) chazaka also these we take out from (their) chazaka. But (in regards to the subject of) claims (of property) from warning (of the bull) we don't have (a way to) learn it (no comparisson), that there, since from warning (with witnesses is what obligates him to pay) money over his gorings it is, she (the warning is what) comes and establishes his bull in the Chazaka of '(fore)warned'. We need (this warning to be) in front (of the) owners (so that they) will know (to have a chance) to argue and contradict the witnesses and (have a chance) to bring others (so as) to (testify against these initial witnesses so that they wil become) false (witnesses). But (the) reason for the claim (over the property is so that) he be cautioned to be careful with (proving) his merit (to be there) is (the reason) that she (the warning) comes, that this (warning) claims that through stealing, she (the property) is in his hands (so he should be careful), (therefore) here (in our case) even though that (the claim was) not infront of him it also is (a valid claim, since he is already in an instant possition to lose his property).
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Rashi on Bava Batra

Of your friend a friend he has... - And was said this (one) to this (one), and the matter comes to his ear and (it is) not possible (for him to defend himself) to say "had I heard I would have been careful in proving (with a document) my merit (to possess the land)" (since we assume he heard the complaint of the previous owner)
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Rashi on Bava Batra

And rabbi meir that says... - This means to say for Rabbi Yehuda that says in Bava Kamma: which one (is) warned? All that (has) testimony upon him three (different) days, there is to say here three years is similar to three days. But for rabbi meir that says, the innocent (bull), even if (he) gored three times in one day becomes 'warned', a priori here (where) he also ate three fruits in one day; for example, fig that (does) not mature together (at the same time), and there are (some that) aren't mature in the morning and by evening they are proper (mature), here too it should be chazaka! (The gemara) answers: similar to the warned bull... (for example the figs already existed but were not proper yet while the additional gorings do not exist at all)
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Rashi on Bava Batra

caper bush - a fruit that is not recognizeable (can't be seen) today and finishes (maturing) at the end of three days.
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Rashi on Bava Batra

Alfalfa - Type of seed it is, to (make) herb (for) farm animals, and at the end of 30 days it finishes (fully growing) and (a person) uproots it, and plant another in (its) place. And within (those) 30 days (it would be ready to) cut it three times (a month for use as continious feed).
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Rashi on Bava Batra

Dekadaich - Grow a little.
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Rashi on Bava Batra

To cut it (the fruit) [while tender] (and again) cut it and eat - And this is not food of the whole fruit (not mature).
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Rashi on Bava Batra

Three moons - That uprooted at the end of every month and planted another.
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Rashi on Bava Batra

Who (are those that) went (to) Usha? - That said Rabbi Yochanan above for this subject in their name.
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Rashi on Bava Batra

Rabbi Yishamel - Not Explained to me from where, rather so (they) learned that he was in the same time (as those in Usha).
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Rashi on Bava Batra

For Rabanan what? - Rabanan, they don't have this of rabbi Yishamel (to learn chazaka from the bull), from where (do) they (learn that) Chazaka (is) of 3 years?
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Rashi on Bava Batra

So we version (See Tosfos): Behold a prophet stood in the ten and warns over (the) eleven - Yirmiah (the prophet) in the tenth (year) of (king) Tzdekiahu and was imprisoned in the field (called) Hametara, as written in the book of Yirmiah: "and there was said to him "here Chanamel son of Shalom etc..." And written in that subject, "Fields with money buy and write in the book etc..." (He) was warning (to the) buyers of fields to write a document and witnesses to witness with their signatures, for (you will be) exhiled from the city in the year eleven when captured the city, and will not (be able to) do chazaka in purchase (by using it for) three years, rather (only the) tenth and eleventh. therefore in those 2 years it will not be (grounds for making) chazaka. From here (we learn) for chazaka that it isn't less than three years.
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Rashi on Bava Batra

Advice (that is) good comes to teach us - Meaning to say, always chazaka is (/works) in one year and (the following) good advice it comes to teach us: that (he) should (keep) his document in his hand ready to prove (his ownership) and no need for witnesses (that he was there for a year) when a complaint (is raised) about him (when he comes back from the exhile).
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פסוק קודםפרק מלאפסוק הבא