תלמוד על בבא קמא 2:1
Jerusalem Talmud Bava Batra
HALAKHAH: “The claim of undisturbed possession of houses, cisterns, ditches, and caverns,” etc. From where confirmation of claims of undisturbed possession? 4A parallel argument is in the Babli, 28a/b. Rebbi Joḥanan said, we heard from those who went to Usha5In the Babli identified as R. Ismael. In the aftermath of the Bar Kokhba war and its consequences, the Synhedrion was reconstituted at Usha under the leadership of R. Jehudah. that they learned it from the notorious bull6The rules of the notorious bull only apply to an animal which gored three times. The limit of three years is popular usage; no biblical sources are claimed.. Rebbi Yose said, who holds that a bull becomes notorious after three days? Not Rebbi Jehudah? As we stated there7Mishnah Bava qamma 2:6. Only R. Jehudah requires that the agressive behavior of the bull be confirmed by testimony for three consecutive days; R. Meïr holds that three incidents are sufficient, not necessarily on consecutive days. But nobody holds that legal possession can be claimed on the basis of 3 incidents of interrupted squatting.: “Rebbi Jehudah said, they said three years only for the case that if he8The original owner of the land. is in Spain, he9The squatter. should be in possession for one year; they went and told him during one year, and he8The original owner of the land. returns within one year.10This means that intrinsically R. Jehudah only requires one year of undisturbed possession. If the institution of חֲזָקָה is based on R. Jehudah’s teaching, it is only a tenuous analogy, without any claim of Biblical origin.”
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