Bava Batra 42B

Study Bava Batra folio 42B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

Talmud: Shmuel’s father and Levi taught: A partner does not have the ability to establish the presumption of ownership of property in his possession, and, all the more so, this inability applies to a craftsman as well. But Shmuel teaches: A craftsman does not have the ability to establish the pres

R' Abba raises a contradiction to Rav Yehuda in the case of Rav Zakkai’s house: Did Shmuel actually say that a partner has the ability to establish the presumption of ownership? But doesn’t Shmuel say: A partner is considered as one who enters the field with permission, such as a sharecropper? Isn’

The Talmud explains: Some say it in this manner and some say it in that manner. On the one hand, it is possible to explain that if he entered half of the field he establishes the presumption of ownership with regard to that half, but if he entered the entire field he is merely acting as a partner.

Ravina stated a different resolution to the contradiction: Both this and that are referring to a case where he enters the entire field, and it is not difficult. This is referring to a case where the field is of sufficient area to be subject to the halakha of division. In this case, his being in pos

§ The Talmud addresses the matter itself. Shmuel says: A partner is considered as one who enters the field with permission. What is this teaching us, that there is not the presumption of ownership in the context of partnership? If so, let him say explicitly: A partner does not have the ability to