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Today's Mishnah Yomi

Bava Basra 3:3 - 3:4

The Mishnah Yomi for Tuesday, May 7, 2013 is Bava Basra 3:3 - 3:4

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Mishnah 1

Mishnayos Bava Basra Perek 3 Mishnah 3

ื‘ื‘ื ื‘ืชืจื ืคืจืง ื’ืณ ืžืฉื ื” ื’ืณ

3
Any possession that is not accompanied by a claim explaining how the possessor became the owner is not sufficient to establish the presumption of ownership. How so? If the prior owner said to the possessor: What are you doing in my land? And the possessor said to him in response: I am in possession of the land because no person ever said anything to me about my being here, i.e., he states no valid claim as to why he would be the owner of the land, his mere use is not sufficient to establish the presumption of ownership. But if the possessor claimed: I am in possession of the land because you sold it to me, or: Because you gave it to me as a gift, or: Because your father sold it to me, or: Because your father gave it to me as a gift, these are valid claims to ownership. In these cases, his possession is sufficient to establish the presumption of ownership. And one who comes to claim the land based on inheritance does not need a claim explaining why his ancestors had a right to the land. Craftsmen who are in possession of items that they are repairing, and partners, and sharecroppers, and stewards [vehaโ€™apotropin] do not have the ability to establish the presumption of ownership with regard to property in their possession, as their possession is not indicative of ownership. Similarly, a man does not have the ability to establish the presumption of ownership with regard to his wifeโ€™s property, and a wife does not have the ability to establish the presumption of ownership with regard to her husbandโ€™s property. And a father similarly does not have the ability to establish the presumption of ownership with regard to a sonโ€™s property, and a son does not have the ability to establish the presumption of ownership with regard to a fatherโ€™s property. A husband and wife, or son and father, use each otherโ€™s property freely. Possession is therefore not indicative of ownership. The mishna continues: In what case is this statement, that one establishes the presumption of ownership after profiting from the property for a certain duration, with the exception of the above people, said? It is said in a case of one who has mere possession of the property, which does, in some cases, serve as proof of ownership. But in a case where another person gives one a gift, or there are brothers who divided their inheritance, or there is one who takes possession of the property of a convert who died without heirs and his property is now ownerless, as soon as one locked the door of the property, or fenced it or breached its fence even a bit, this is considered taking possession of the property, and it effects acquisition.
ื›ึผึธืœ ื—ึฒื–ึธืงึธื” ืฉืึถืึตื™ืŸ ืขึดืžึผึธื”ึผ ื˜ึทืขึฒื ึธื”, ืึตื™ื ึธื”ึผ ื—ึฒื–ึธืงึธื”. ื›ึผึตื™ืฆึทื“, ืึธืžึทืจ ืœื•ึน, ืžึธื” ืึทืชึผึธื” ืขื•ึนืฉื‚ึถื” ื‘ึฐืชื•ึนืšึฐ ืฉืึถืœึผึดื™, ื•ึฐื”ื•ึผื ืึธืžึทืจ ืœื•ึน, ืฉืึถืœึผึนื ืึธืžึทืจ ืœึดื™ ืึธื“ึธื ื“ึผึธื‘ึธืจ ืžึตืขื•ึนืœึธื, ืึตื™ื ึธื”ึผ ื—ึฒื–ึธืงึธื”. ืฉืึถืžึผึธื›ึทืจึฐืชึผึธ ืœึดื™, ืฉืึถื ึผึธืชึทืชึผึธ ืœึดื™ ื‘ึฐืžึทืชึผึธื ึธื”, ืึธื‘ึดื™ืšึธ ืžึฐื›ึธืจึธื”ึผ ืœึดื™, ืึธื‘ึดื™ืšึธ ื ึฐืชึธื ึธื”ึผ ืœึดื™ ื‘ึฐืžึทืชึผึธื ึธื”, ื”ึฒืจึตื™ ื–ื•ึน ื—ึฒื–ึธืงึธื”. ื•ึฐื”ึทื‘ึผึธื ืžึดืฉึผืื•ึผื ื™ึฐืจึปืฉึผืึธื”, ืึตื™ื ื•ึน ืฆึธืจึดื™ืšึฐ ื˜ึทืขึฒื ึธื”. ื”ึธืึปืžึผึธื ึดื™ืŸ ื•ึฐื”ึทืฉึผืึปืชึผึธืคึดื™ื ื•ึฐื”ึธืึฒืจึดื™ืกึดื™ืŸ ื•ึฐื”ึธืึทืคึผื•ึนื˜ึฐืจื•ึนืคึผึดื™ืŸ, ืึตื™ืŸ ืœึธื”ึถื ื—ึฒื–ึธืงึธื”. ืึตื™ืŸ ืœึธืึดื™ืฉื ื—ึฒื–ึธืงึธื” ื‘ึผึฐื ึดื›ึฐืกึตื™ ืึดืฉืึฐืชึผื•ึน, ื•ึฐืœึนื ืœึธืึดืฉึผืึธื” ื—ึฒื–ึธืงึธื” ื‘ึผึฐื ึดื›ึฐืกึตื™ ื‘ึทืขึฐืœึธื”ึผ, ื•ึฐืœึนื ืœึธืึธื‘ ื‘ึผึฐื ึดื›ึฐืกึตื™ ื”ึทื‘ึผึตืŸ, ื•ึฐืœึนื ืœึทื‘ึผึตืŸ ื‘ึผึฐื ึดื›ึฐืกึตื™ ื”ึธืึธื‘. ื‘ึผึทืžึผึถื” ื“ึฐื‘ึธืจึดื™ื ืึฒืžื•ึผืจึดื™ื, ื‘ึผึฐืžึทื—ึฒื–ึดื™ืง, ืึฒื‘ึธืœ ื‘ึผึฐื ื•ึนืชึตืŸ ืžึทืชึผึธื ึธื”, ื•ึฐื”ึธืึทื—ึดื™ืŸ ืฉืึถื—ึธืœึฐืงื•ึผ, ื•ึฐื”ึทืžึผึทื—ึฒื–ึดื™ืง ื‘ึผึฐื ึดื›ึฐืกึตื™ ื”ึทื’ึผึตืจ, ื ึธืขึทืœ ื•ึฐื’ึธื“ึทืจ ื•ึผืคึธืจึทืฅ ื›ึผึธืœ ืฉืึถื”ื•ึผื, ื”ึฒืจึตื™ ื–ื•ึน ื—ึฒื–ึธืงึธื”:
ื’ืณ
Bartenura

ื›ืœ ื—ื–ืงื” ืฉืื™ืŸ ืขืžื” ื˜ืขื ื” โ€“ that he will make the claim why does the person who possesses that which belongs to his fellow is not valid possession.

ื•ื”ื‘ื ืžื—ืžืช ื™ืจื•ืฉื” โ€“ that he held possession of it for three years through the strength of the inheritance of his father, for it was his fatherโ€™s on the day of his death.

ืื™ืŸ ืฆืจื™ืš ื˜ืขื ื” โ€“ to prove how it came to his fatherโ€™s hand. However, proof is required when the saw his father live it in one day.

ื”ืื•ืžื ื™ื โ€“ when they repair utensils โ€“

They donโ€™t have a claim of possession โ€“ If they were in possession of utensils of others, they are not able to claim that there were purchased in his hand and even if they are utensils that are not normally lent or rented out. And these words [refer] to when the utensil is found before us in the hand of the artisan. But if the utensil is not found before us in the hand of the artisan, but rather, that someone comes from the marketplace and claimed to the artisan: โ€œI have a utensil with you that I gave you to repair. Return it to me.โ€ And the artisan claimed: โ€œIt is true that it (i.e., the utensil) is with me, but you sold it to me,โ€ the artisan is believed through an oath with ืžื™ื’ื•/a legal rule according to which the deponentโ€™s statement is accepted as true on the ground that, if he had intended to tell a lie, he might have invented one more advantageous to his case (see Talmud Bava Batra 31a). For if he wanted, he could have said โ€œthat nothing had ever taken place [between us]โ€ or โ€œI returned it to you.โ€ And similarly, the artisan made the claim that is what you fixed a price with a charge for the repair.โ€ But the other can say, โ€œI did not make that arrangement other than for less.โ€ If the utensil is found before us in the hand of the artisan, the owner of the utensil is believed. But if the utensil is not found before us in the hand of the artisan, the artisan is believed with an oath, and even if he transferred it to him with witnesses with the ืžื™ื’ื• (see above) that if he had wanted, he could have said, โ€œI had returned it to you.โ€

ื•ื”ืฉื•ืชืคื™ื โ€“ they have property held jointly and one of them consumed all the produce for three years, it is not considered a presumption of possession. And these words are when the land does not have the law of division. But if the property has the law of division, and one of them consumed for three years, that is considered possession.

ื•ื”ืืจื™ืกื™ื โ€“ he goes down into the land for one half, for one-third or for one-fourth, and consumed all the produce for three years, it is not considered presumption of possession. And especially with regard to hereditary land-tenants for he is like an ืืคื•ื˜ืจื•ืคื•ืก/a guardian for the son but the tenant farmer who was brought down by the owner of the land himself and he consumed all the produce for three years, he does have presumption of possession.

ื•ืื™ืŸ ืœืื™ืฉ ื—ื–ืงื” ื‘ื ื›ืกื™ ืืฉืชื• โ€“ and even if he wrote to her while she was still his betrothed an unequivocal judgment: โ€œI have nothing with regard to your property, nor the fruits of it, for now, he does not consume its produce from the law, and afterwards brought a proof that he ate produce for three years, that is not considered presumption of possession, for it was the manner of the wife to allow her husband that he can consume the fruits of her property, whether by law or not by law.

ื•ืื™ืŸ ืœืืฉื” ื—ื–ืงื” ื‘ื ื›ืกื™ ื‘ืขืœื” โ€“ and even if he designated for her land for her food and she consumed produce from another land belonging to her husband for thee years, even so, this is not a presumption of possession, for it is manner of a man to allow his wife that she may consume from his property, even with something that she does not have authority.

ื•ืœื ืœืื‘ ื‘ื ื›ืกื™ ื”ื‘ืŸ [ื•ืœื ืœื‘ืŸ ื•ื›ื•'] โ€“ Because they are like guardians one for the other.

ื‘ืžื” ื“ื‘ืจื™ื ืืžื•ืจื™ื โ€“ that they are not a presumption of possession.

ื‘ืžื—ื–ื™ืง โ€“ when he is possessing something where there is a protest/evidence of illegitimacy or disqualification (see Talmud Bava Batra 31b), for his fellow makes the claim that what is in your hand was stolen.

ืื‘ืœ ื”ื ื•ืชืŸ ืžืชื ื” โ€“ in our presence and stated to the recipient: โ€œthis gift is for you, take possession and acquire it.โ€ All of these [things] that are stated above in our Mishnah lack presumption of possession, when they took possession like others who received a gift and acquired it, that the giver cannot retract. But the woman who gave or had sold to her husband her usufruct (i.e., that which belongs to the wifeโ€™s estate that the husband can use without responsibility for loss or deterioration), and when he took possession of it, the husband acquired it, and she cannot say: โ€œI gave pleasure/gratification to my husband,โ€ and specifically for mort-main (i.e., the wifeโ€™s estate is held by her husband, which, the case of her death or divorce, he must restore in specie, being responsible for all his landed property for loss or deterioration), or property that her husband designated for her in the Jewish marriage contract, we say that her sale is not a sale, and her gift [to someone] is not a gift, because she can claim: โ€˜I did it give my husband pleasure,โ€ because her husband has an attachment to them. But her usufruct, which her husband, in principle, has no attachment to them, she cannot say: โ€œI gave pleasure/gratification to my husband. But similarly, the man who sold to his wife from his property, if the monies that the wife purchased them are not that property, they are not hidden/preserved with her. The sale goes is established, and those properties belong to the woman and the husband can eat the produce, and if those monies were hidden with her, the sale is void, for he can say, โ€œ[it was done] to reveal monies that were hidden/preserved with her. I stated that I am selling to her.โ€

ื•ื”ืื—ื™ืŸ ืฉื—ืœืงื• โ€“ and each one held possession of his portion and they cannot retract.

ื•ื”ืžื—ื–ื™ืง ื‘ื ื›ืกื™ ื”ื’ืจ โ€“ [the convert] who died and he no inheritors. And whomever comes first to take possession of his properties, takes possession.

ื ืขืœ โ€“ that he made a door.

ื•ื’ื“ืจ โ€“[or] he made a wall.

ื•ืคืจืฅ โ€“ or made a breach in it.

ื›ืœ ื—ื–ืงื” ืฉืื™ืŸ ืขืžื” ื˜ืขื ื”. ืฉื™ื˜ืขื•ืŸ ืœืžื” ืžื—ื–ื™ืง ื‘ืฉืœ ื—ื‘ื™ืจื•, ืื™ื ื” ื—ื–ืงื”:

ื•ื”ื‘ื ืžื—ืžืช ื™ืจื•ืฉื”. ืฉื”ื—ื–ื™ืง ื‘ื” ืฉืœืฉ ืฉื ื™ื ืžื›ื— ื™ืจื•ืฉืช ืื‘ื™ื•, ืฉื”ื™ืชื” ืฉืœ ืื‘ื™ื• ื‘ื™ื•ื ืžื•ืชื•:

ืื™ืŸ ืฆืจื™ืš ื˜ืขื ื”. ืœื‘ืจืจ ืื™ืš ื‘ืื” ืœื™ื“ ืื‘ื™ื•. ื•ืžื™ื”ื• ืจืื™ื” ื‘ืขื™ ืฉืจืื• ืื‘ื™ื• ื“ืจ ื‘ื• ื™ื•ื ืื—ื“:

ื”ืื•ืžื ื™ื. ืฉืžืชืงื ื™ื ื›ืœื™ื:

ืื™ืŸ ืœื”ื ื—ื–ืงื”. ืื ื”ื ืžื•ื—ื–ืงื™ื ื‘ื›ืœื™ื ืฉืœ ืื—ืจื™ื ืื™ืŸ ื™ื›ื•ืœื™ื ืœื˜ืขื•ืŸ ืœืงื•ื—ื™ื ื”ื ื‘ื™ื“ื™, ื•ืืคื™ืœื• ื”ื ื›ืœื™ื ืฉืื™ืŸ ืขืฉื•ื™ื™ืŸ ืœื”ืฉืื™ืœ ื•ืœื”ืฉื›ื™ืจ. ื•ื”ื ื™ ืžื™ืœื™ ื›ืฉื”ื›ืœื™ ืžืฆื•ื™ ื‘ืคื ื™ื ื• ื‘ื™ื“ ื”ืื•ืžืŸ. ืื‘ืœ ืื ืœื ื ืžืฆื ื”ื›ืœื™ ื‘ืคื ื™ื ื• ื‘ื™ื“ ื”ืื•ืžืŸ, ืืœื ืฉื‘ื ืื—ื“ ืžืŸ ื”ืฉื•ืง ื•ื˜ืขืŸ ืœืื•ืžืŸ ื›ืœื™ ื™ืฉ ืœื™ ืืฆืœืš ืฉื ืชืชื™ ืœืš ืœืชืงืŸ, ื”ื—ื–ื™ืจื”ื• ืœื™, ื•ื˜ืขืŸ ื”ืื•ืžืŸ ืืžืช ืฉื”ื•ื ืืฆืœื™ ืื‘ืœ ืืชื” ืžื›ืจืช ืœื™, ื ืืžืŸ ื”ืื•ืžืŸ ื‘ืฉื‘ื•ืขื”, ื‘ืžื’ื• ื“ืื™ ื‘ืขื™ ืืžืจ ืœื ื”ื™ื” ื“ื‘ืจื™ื ืžืขื•ืœื ืื• ื”ื—ื–ืจืชื™ ืœืš. ื•ื›ืŸ, ื˜ืขืŸ ื”ืื•ืžืŸ ื›ืš ืคืกืงืช ืœื™ ื‘ืฉื›ืจ ืชืงื•ื ื•, ื•ื”ืœื” ืื•ืžืจ ืœื ืคืกืงืชื™ ืืœื ืคื—ื•ืช, ืื ื”ื›ืœื™ ืžืฆื•ื™ ื‘ืคื ื™ื ื• ื‘ื™ื“ ื”ืื•ืžืŸ, ื‘ืขืœ ื”ื›ืœื™ ื ืืžืŸ. ื•ืื ืื™ืŸ ื”ื›ืœื™ ืžืฆื•ื™ ื‘ืคื ื™ื ื• ื‘ื™ื“ ื”ืื•ืžืŸ, ื”ืจื™ ื”ืื•ืžืŸ ื ืืžืŸ ื‘ืฉื‘ื•ืขื”, ื•ืืคื™ืœื• ืžืกืจ ืœื• ื‘ืขื“ื™ื, ื‘ืžื’ื• ื“ืื™ ื‘ืขื™ ืืžืจ ื”ื—ื–ืจืชื™ื• ืœืš:

ื•ื”ืฉื•ืชืคื™ื. ืฉื™ืฉ ืœื”ืŸ ืงืจืงืข ื‘ืฉื•ืชืคื•ืช ื•ืื›ืœ ืื—ื“ ืžื”ืŸ ืฉืœืฉ ืฉื ื™ื ื›ืœ ื”ืคื™ืจื•ืช, ืื™ื ื” ื—ื–ืงื”. ื•ื”ื ื™ ืžื™ืœื™, ื“ืื™ืŸ ื‘ืงืจืงืข ื“ื™ืŸ ื—ืœื•ืงื”. ืื‘ืœ ืื ื™ืฉ ื‘ืงืจืงืข ื“ื™ืŸ ื—ืœื•ืงื” ื•ืื›ืœื” ืื—ื“ ืžื”ืŸ ืฉืœืฉ ืฉื ื™ื, ื”ื•ื™ ื—ื–ืงื”:

ื•ื”ืืจื™ืกื™ื. ืฉื™ื•ืจื“ื™ื ืœืงืจืงืข ืœืžื—ืฆื” ืœืฉืœื™ืฉ ื•ืœืจื‘ื™ืข, ื•ืื›ืœ ื›ืœ ื”ืคื™ืจื•ืช ืฉืœืฉ ืฉื ื™ื, ืื™ื ื” ื—ื–ืงื”. ื•ื“ื•ืงื ื‘ืืจื™ืกื™ ื‘ืชื™ ืื‘ื•ืช ืฉื”ื•ื ื›ืžื• ืืคื•ื˜ืจื•ืคื•ืก ืขืœ ื”ื‘ืŸ. ืื‘ืœ ื”ืืจื™ืก ืฉื”ื•ืจื™ื“ื• ื‘ืขืœ ื”ืงืจืงืข ืขืฆืžื• ื•ืื›ืœ ื›ืœ ื”ืคื™ืจื•ืช ืฉืœืฉ ืฉื ื™ื, ื™ืฉ ืœื• ื—ื–ืงื”:

ื•ืื™ืŸ ืœืื™ืฉ ื—ื–ืงื” ื‘ื ื›ืกื™ ืืฉืชื•. ื•ืืคื™ืœื• ื›ืชื‘ ืœื” ื‘ืขื•ื“ื” ืืจื•ืกื” ื“ื™ืŸ ื•ื“ื‘ืจื™ื ืื™ืŸ ืœื™ ื‘ื ื›ืกื™ืš ื•ืœื ื‘ืคื™ืจื•ืชื™ื”ืŸ, ื“ื”ืฉืชื ืื™ื ื• ืื•ื›ืœ ืคื™ืจื•ืช ืžืŸ ื”ื“ื™ืŸ, ื•ืื—ืดื› ื”ื‘ื™ื ืจืื™ื” ืฉืื›ืœ ืคื™ืจื•ืช ืฉืœืฉ ืฉื ื™ื, ืœื ื”ื•ื™ื ื—ื–ืงื”, ื“ืื•ืจื—ื ื“ืืชืชื ืœื”ื ื™ื— ืœื‘ืขืœื” ืฉื™ืื›ืœ ืคื™ืจื•ืช ื ื›ืกื™ื” ื‘ื™ืŸ ื›ื“ื™ืŸ ื‘ื™ืŸ ืฉืœื ื›ื“ื™ืŸ:

ื•ืื™ืŸ ืœืืฉื” ื—ื–ืงื” ื‘ื ื›ืกื™ ื‘ืขืœื”. ื•ืืคื™ืœื• ื™ื™ื—ื“ ืœื” ืงืจืงืข ืœืžื–ื•ื ื•ืชื™ื” ื•ืื›ืœื” ืคื™ืจื•ืช ืžืงืจืงืข ืื—ืจืช ืฉืœ ื‘ืขืœื” ืฉืœืฉ ืฉื ื™ื, ืืคื™ืœื• ื”ื›ื™ ืœื ื”ื•ื™ื ื—ื–ืงื”, ืฉื“ืจืš ื”ืื™ืฉ ืœื”ื ื™ื— ืœืืฉืชื• ืฉืชืื›ืœ ื‘ื ื›ืกื™ื• ืืคื™ืœื• ื‘ื“ื‘ืจ ืฉืื™ืŸ ืœื” ื‘ื• ื–ื›ื•ืช:

ื•ืœื ืœืื‘ ื‘ื ื›ืกื™ ื”ื‘ืŸ ื•ืœื ืœื‘ืŸ ื•ื›ื•ืณ ืœืคื™ ืฉื”ื ื›ืืคื•ื˜ืจื•ืคืกื™ื ื–ื” ืขืœ ื–ื”:

ื‘ืžื” ื“ื‘ืจื™ื ืืžื•ืจื™ื. ื“ืื™ื ื” ื—ื–ืงื”:

ื‘ืžื—ื–ื™ืง. ื‘ื—ื–ืงื” ืฉื™ืฉ ืขืœื™ื” ืขืจืขื•ืจ, ืฉื—ื‘ื™ืจื• ื˜ื•ืขืŸ ื’ื–ื•ืœื” ื”ื™ื ื‘ื™ื“ืš:

ืื‘ืœ ื”ื ื•ืชืŸ ืžืชื ื”. ื‘ืคื ื™ื ื•, ื•ืืžืจ ืœืžืงื‘ืœ ื”ืžืชื ื” ืœืš ื—ื–ืง ื•ืงื ื”, ื›ืœ ื”ื ืš ื“ืืžืจื™ื ืŸ ืœืขื™ืœ ื‘ืžืชื ื™ืชื™ืŸ ื“ืื™ืŸ ืœื”ื ื—ื–ืงื”, ืžืฉื”ื—ื–ื™ืงื• ื›ืฉืืจ ืžืงื‘ืœื™ ืžืชื ื”, ืงื ื•, ื•ืื™ืŸ ื”ื ื•ืชืŸ ื™ื›ื•ืœ ืœื—ื–ื•ืจ ื‘ื•. ื•ื”ืืฉื” ืฉื ืชื ื” ืื• ืฉืžื›ืจื” ืœื‘ืขืœื” ื ื›ืกื™ ืžืœื•ื’ ืฉืœื”, ืžืฉื”ื—ื–ื™ืง ื‘ื”ืŸ ื”ื‘ืขืœ ืงื ื”, ื•ืื™ื ื” ื™ื›ื•ืœื” ืœื•ืžืจ ื ื—ืช ืจื•ื— ืขืฉื™ืชื™ ืœื‘ืขืœื™. ื“ื“ื•ืงื ื‘ื ื›ืกื™ ืฆืืŸ ื‘ืจื–ืœ ืื• ื‘ืงืจืงืข ืฉื™ื™ื—ื“ ืœื” ื‘ืขืœื” ื‘ื›ืชื•ื‘ืชื” ืืžืจื™ื ืŸ ืฉืื™ืŸ ืžื›ืจื” ืžื›ืจ ื•ืื™ืŸ ืžืชื ืชื” ืžืชื ื” ืžืคื ื™ ืฉื™ื›ื•ืœื” ืœื•ืžืจ ื ื—ืช ืจื•ื— ืขืฉื™ืชื™ ืœื‘ืขืœื™, ืžืคื ื™ ืฉื™ืฉ ืœื‘ืขืœื” ืฉื™ื™ื›ื•ืช ื‘ื”ืŸ. ืื‘ืœ ื‘ื ื›ืกื™ ืžืœื•ื’ ืฉืื™ืŸ ืœื‘ืขืœื” ื‘ืขื™ืงืจืŸ ืฉื•ื ืฉื™ื™ื›ื•ืช, ืื™ื ื” ื™ื›ื•ืœื” ืœื•ืžืจ ื ื—ืช ืจื•ื— ืขืฉื™ืชื™ ืœื‘ืขืœื™. ื•ื›ืŸ ื”ืื™ืฉ ืฉืžื›ืจ ืœืืฉืชื• ืžื ื›ืกื™ื•, ืื ื”ืžืขื•ืช ืฉืงื ืชื” ื‘ื”ืŸ ื”ืืฉื” ืื•ืชืŸ ื ื›ืกื™ื ืœื ื”ื™ื• ื˜ืžื•ื ื™ื ืืฆืœื”, ื”ืžื›ืจ ืงื™ื™ื, ื•ื™ื”ื™ื• ืื•ืชืŸ ื”ื ื›ืกื™ื ืœืืฉื” ื•ื”ื‘ืขืœ ืื•ื›ืœ ืคื™ืจื•ืช. ื•ืื ื”ื™ื• ืื•ืชืŸ ืžืขื•ืช ื˜ืžื•ื ื™ื ืืฆืœื”, ื”ืžื›ืจ ื‘ื˜ืœ, ื“ืืžืจ, ืœื’ืœื•ื™ื™ ื–ื•ื–ื™ ืฉื”ื™ื• ื˜ืžื•ื ื™ื ืืฆืœื” ืืžืจืชื™ ืฉืื ื™ ืžื•ื›ืจ ืœื”:

ื•ื”ืื—ื™ืŸ ืฉื—ืœืงื•. ื•ื”ื—ื–ื™ืง ื›ืœ ืื—ื“ ืžื”ืŸ ื‘ื—ืœืงื•, ืื™ืŸ ื™ื›ื•ืœื™ื ืœื—ื–ื•ืจ:

ื•ื”ืžื—ื–ื™ืง ื‘ื ื›ืกื™ ื”ื’ืจ. ืฉืžืช ื•ืื™ืŸ ืœื• ื™ื•ืจืฉื™ื, ื•ื›ืœ ื”ืงื•ื“ื ืœื”ื—ื–ื™ืง ื‘ื ื›ืกื™ื• ื–ื›ื”:

ื ืขืœ. ืฉืขืฉื” ื“ืœืช:

ื•ื’ื“ืจ. ืื• ืฉืขืฉื” ื—ื•ืžื”:

ื•ืคืจืฅ. ืื• ืฉืคืจืฅ ื‘ื” ืคืจืฆื”:

Mishnah 2

Mishnayos Bava Basra Perek 3 Mishnah 4

ื‘ื‘ื ื‘ืชืจื ืคืจืง ื’ืณ ืžืฉื ื” ื“ืณ

4
If there were two witnesses testifying on his behalf that he, the possessor of the land, worked and profited from a field for three years, and therefore has presumptive ownership, and they were found to be conspiring witnesses, as it was proven that they were not present to witness the matter about which they had testified, they must pay the true owner of the field the full value of the field that they attempted, through their testimony, to remove from his possession, as it is written in the Torah: โ€œThen shall you do to him, as he had planned to do to his brotherโ€ (Deuteronomy 19:19). If two witnesses testify that he worked and profited from the field during the first year, another two testify that he worked and profited from it during the second year, and another two testify that he worked and profited from it during the third, and all were found to be conspiring witnesses, payment of the value of the field to the owner is divided among them. If the testimony was given by three brothers, each of whom testify about one year, and another unrelated individual joined with each of the brothers as the second witness, these are three distinct testimonies and they are accepted by the court. If they were to be considered one testimony, it would not be accepted, as brothers may not testify together. But they are one testimony for the purpose of rendering them as conspiring witnesses, and the payment is divided among them.
ื”ึธื™ื•ึผ ืฉืึฐื ึทื™ึดื ืžึฐืขึดื™ื“ึดื™ืŸ ืื•ึนืชื•ึน ืฉืึถืึฒื›ึธืœึธื”ึผ ืฉืึธืœึนืฉื ืฉืึธื ึดื™ื, ื•ึฐื ึดืžึฐืฆึฐืื•ึผ ื–ื•ึนืžึฐืžึดื™ืŸ, ืžึฐืฉืึทืœึผึฐืžึดื™ืŸ ืœื•ึน ืึถืช ื”ึทื›ึผึนืœ. ืฉืึฐื ึทื™ึดื ื‘ึผึธืจึดืืฉืื•ึนื ึธื”, ื•ึผืฉืึฐื ึทื™ึดื ื‘ึผึทืฉึผืึฐื ึดื™ึผึธื”, ื•ึผืฉืึฐื ึทื™ึดื ื‘ึผึทืฉึผืึฐืœึดื™ืฉืึดื™ืช, ืžึฐืฉืึธืœึฐืฉืึดื™ืŸ ื‘ึผึตื™ื ึตื™ื”ึถื. ืฉืึฐืœึนืฉืึธื” ืึทื—ึดื™ื ื•ึฐืึถื—ึธื“ ืžึดืฆึฐื˜ึธืจึตืฃ ืขึดืžึผึธื”ึถื, ื”ึฒืจึตื™ ืึตืœึผื•ึผ ืฉืึธืœึนืฉื ืขึตื“ึปื™ึผื•ึนืช, ื•ึฐื”ึตืŸ ืขึตื“ื•ึผืช ืึทื—ึทืช ืœึทื”ึฒื–ึธืžึธื”:
ื“ืณ
Bartenura

ืžืฉืœืฉื™ืŸ ื‘ื™ื ื™ื”ื โ€“ each band pays one-third, for they are three bands for the three years (i.e., two plotting/scheming witnesses for each year).

ืฉืœืฉื” ืื—ื™ื โ€“ for each year, one brother, and another person with the brother, and that other person testifies with all of them and there three [distinct] testimonies, for what this one testifies, the other did not testify, and therefore, their testimony is valid.

ื•ื”ืŸ ืขื“ื•ืช ืื—ืช โ€“ regarding the conviction of false witnesses, if they were found to be refuted, they divide up the cost between them, and they are not made false witnesses until all of them are proved to be false witnesses.

ืžืฉืœืฉื™ืŸ ื‘ื™ื ื™ื”ื. ื›ืœ ื›ืช ื™ืชืŸ ื”ืฉืœื™ืฉ. ืฉื”ืจื™ ื”ืŸ ืฉืœืฉื” ื›ืชื•ืช ืœืฉืœืฉ ืฉื ื™ื:

ืฉืœืฉื” ืื—ื™ื. ืœื›ืœ ืฉื ื” ืื— ืื—ื“ ื•ืื—ืจ ืขื ื”ืื—, ืฉืื•ืชื• ืื—ืจ ืžืขื™ื“ ืขื ื›ื•ืœืŸ:

ื”ืจื™ ื›ืืŸ ืฉืœืฉ ืขื“ื™ื•ืช. ื“ืžืื™ ื“ืžืกื”ื™ื“ ื”ืื™ ืœื ืžืกื”ื™ื“ ื”ืื™, ื•ืœื›ืš ืขื“ื•ืชืŸ ื›ืฉืจื”:

ื•ื”ืŸ ืขื“ื•ืช ืื—ืช. ืœืขื ื™ืŸ ื”ื–ืžื” ืฉืื ื”ื•ื–ืžื• ืžืฉืœืฉื™ืŸ ื‘ื™ื ื™ื”ืŸ, ื•ืื™ืŸ ื ืขืฉื™ื ื–ื•ืžืžื™ืŸ ืขื“ ืฉื™ื•ื–ืžื• ื›ื•ืœืŸ:

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