daf bit: Bava Batra 45
Mar. 9th, 2017 08:41 amThe talmud is (still) discussing adverse possession of property, chazakah. Last time we talked about real-estate; now we're talking about other property. We learn in the mishna that a craftsman (making repairs, for example) has no chazakah, and the g'mara discusses this at some length. Rabbah argues that this means only the case where the owner delivered the item to the craftsman in the presence of witnesses. If, instead, he delivered the item without witnesses, then the craftsman can say without fear of contradiction that he never had it or that somebody else gave this item to him. Or he might make the more probable claim that he (the craftsman) purchased the item, and in this case we believe him. According to Rabbah, determination of the owner's claim depends entirely on whether the owner has witnesses to the original transaction. Others, however, will argue that he has to see his item in the craftsman's hands; Rabbah would say that if he delivered it and the craftsman then hid or disposed of it, the owner has a claim. Others would say he does not have a claim if he hasn't actually seen it. (45a-b)
Today's daf is 46.