Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Manuscript-a Chazakah note given to Yosef Abel on a courtyard in Jerusalem that belobged to R. Azriel Zelig, signatures of rabbis and dignitaries of Jerusalem, as well as a wax stamp. Jerusalem, 8 Adar I 1867

Bava Batra 31: מָה לִי לְשַׁקֵּר

jyungar July 26, 2024

For the source text click/tap here: Bava Batra 31

To download, click/tap here: PDF

The Gemara on our daf continues discussing how we deal with competing claims to property.

If two people both claim shel avotai – that a piece of land belonged to their ancestors – and in an attempt to buttress their claims, one brought witnesses that it had belonged to his ancestors, while the other brought witnesses that he had lived there for three years, and therefore had a ḥazaka (presumption of ownership), Rabba rules that we believe the one who has lived there for three years because of the principle mah lo le-shaker – what interest does he have in lying? Specifically, if he wanted to lie he could have done so in a more convincing manner, by saying that he had purchased it and had lived there for three years – a claim that would have been accepted by the courts. Abaye disagrees, arguing that witnesses are always more powerful that a claim based on mah lo le-shaker.

We explore the law regarding adverse possession and it contrast with chazakah.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​