Bava Batra 46B

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Text Excerpt

as it is taught in the earlier baraita that the owner has a valid claim only when he, and witnesses, saw his cloak in the possession of the launderer and can definitively identify it. He cannot state a claim based on the mere possibility that it is his. This validates the claim of the craftsmen of P

Rav Ashi said: And if the owner is clever, he will render the situation into one of his having seen his cloak, as the owner can say to the craftsman: Why are you holding it? Is it not due to the fact that there is money of yours with me, and you are using the cloak as a means of collecting the debt

§ The Talmud discusses a ruling that it paraphrases from the Mishnah: A sharecropper does not have the ability to establish the presumption of ownership of property in his possession. Why not? Isn’t it so that until that time, while he was definitely working as a sharecropper, he consumed only half

Rav Naḥman says: A sharecropper who installed other sharecroppers in his place has the ability to establish the presumption of ownership. What is the reason? It is that it is not common for a person to see that unknown sharecroppers have been installed in his land and remain silent. If the prior o

R' Yoḥanan says: A sharecropper who divided among different sharecroppers does not have the ability to establish the presumption of ownership by that act. What is the reason? It is that one can say that the landowner merely appointed him as an administrator [harmanya], and there is no indication t