Mesechtas Bava Batra

Bava Batra is a tractate dealing with laws of neighbors, land possession claims and movable property claims, buying and selling, inheritances, and document laws. It contains ten chapters and one hundred seventy-five pages.

The editor of Rishonim books, Rabbi Moshe Hershler, visited the Rebbe during the distribution of dollars for charity on Rosh Chodesh Tammuz 5750 (1990), and told the Rebbe that he was currently publishing two books by Rabbeinu Yonah. The Rebbe inquired: On which tractate? Rabbi Hershler replied: Bava Batra. The Rebbe wondered: Will two books be enough for the tractate Bava Batra? (Rabbi Hershler answered affirmatively) And the Rebbe blessed him: "May Hashem Yisborach bring you success." The Rebbe immediately added: The Zohar states that "Bava Batra" represents the end of the exile, so may this be the "Bava Batra" of the exile. In the talk of Shabbos Parshas Mishpatim 5752 (1992), the Rebbe explained at length the greatness of tractate Bava Batra, particularly in our time - at the end of the exile period.

This tractate is one of the Gemara tractates studied in Chabad yeshivas.

Perek HaShutafin

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Central Topics in the Tractate

Migo

Expanded article – Migo

One of the foundations of the tractate is migo.

When Rabbi Avraham Sofer, grandson of the Chasam Sofer, visited the Rebbe, he told him that he had a tradition passed down generation after generation from his grandfather the Chasam Sofer, that the deepest secrets of Torah are hidden in the Torah section of migo. The Rebbe responded that he too had received such a tradition.

Besides the principle of "what reason would he have to lie" mentioned in the Gemara as a clarification and assessment that a person is not lying, since he could have made a better claim, there is also a well-known approach mentioned frequently by later authorities, primarily the author of Baruch Ta'am, that migo is a power in the laws of claimants, allowing a person to use the power of the claim he could have made and apply it to his current claim. Some have defined this as the power of possession, since because he could have made another claim and had the power to win the property, he is considered a "muchzak" - a person who has property in his possession, for spiritually the property is in his possession and power, and by virtue of the well-known principle of "hamotzi mechavero" (the burden of proof is on the claimant), he wins the property.

Chazakas Shalosh Shanim (Three-Year Possession Claim)

Expanded article – Chazakas Shalosh Shanim

Chazakas Shalosh Shanim is a law from the laws of possession stating that when a person lives in or uses land for a period of three consecutive years, this usage gives him a presumption of ownership, meaning that the initial and certain assumption is that any person living on certain land in the manner of an owner, and no one protested against him, should be presumed at "first thought" to be the owner until proven otherwise.

The Rebbe's Explanations

• Connection between the beginning of the tractate (partnership) and its end (lender and borrower). Hitva'aduyot 5745 Vol. 2 p. 1152 (p. 468)
• 9b. Appeasing with words. Likkutei Sichos Vol. 34 p. 84 (p. 96)
• 10b. "The kindness of nations is sin," dispute between R' Eliezer, R' Yehoshua, and Rabban Gamliel. Shaarei Tzedakah p. 53 (p. 48)
• 14a. The tablets were six [handbreadths] long and six wide. Hitva'aduyot 5742 Vol. 4 p. 1917 (p. 171)
• 44a. The status of an heir is not the same as the status of a buyer. Likkutei Sichos Vol. 10 Bereishit p. 44 (p. 62)
• 75a. "I will lead you upright (komemiyut)," dispute between Rabbi Meir and Rabbi Yehudah. Toras Menachem 5711 Vol. 2 p. 107 (p. 128), Likkutei Sichos Vol. 7 p. 198 (p. 210)
• 99a. Here when Israel fulfills the will of the Omnipresent, here when Israel does not fulfill the will of the Omnipresent. Likkutei Sichos Vol. 2 p. 360 (p. 85)
• 118b. Tzelafchad, dispute between Rashbam and Rashi. Likkutei Sichos p. 171 and note 2 there (182)
• 134b. The discussions of Abaye and Rava. Sichos Kodesh 5738 Vol. 1 p. 22 (p. 276)
• 145b. "A merry heart has a continual feast" - this refers to one who knows mishnayos. Likkutei Sichos Vol. 16 p. 2 (p. 17)
• 173a. Rabbi Huna said: From where do we learn that a guarantor is obligated. Likkutei Sichos Vol. 30 p. 215 (p. 228)
• 176a. A guarantor who [is added] after the signing of documents collects only from unencumbered property. An incident, etc. Hitva'aduyot 5745 Vol. 2 p. 1152 (p. 468)

Explanations of Chabad Rebbes

• Tzemach Tzedek p. 298 (p. 306)

The Connection of the Tractate to Redemption

Approaching the year 5752 (1992), following the intensive focus on redemption and Moshiach, a proposal was made that the yeshiva tractate for that year should be one dealing with the laws of the Beis HaMikdash (for example: Sanhedrin, Zevachim, etc.), different from the regular order of tractates studied in Chabad yeshivas. However, the administration of the central Tomchei Tmimim Yeshiva did not respond to the tmimim's request and decided to keep the order as it was, so that they would study tractate Bava Batra as planned that year. The tmimim sent a letter to the Rebbe, but the Rebbe left the administration's decision unchanged. However, on the following Shabbos, the Rebbe connected Bava Batra to redemption in a talk, and the yeshiva students understood from this that the message from the Rebbe was that if one wants, in every tractate and every topic one can find the connection to redemption.

External Links

• Bava Batra
• Shaar HaGeulah, the Rebbe refers to tractate Bava Batra during dollar distribution, Rosh Chodesh Tammuz 5750 (1990)
• Tractate Bava Batra, collection of gems and references from the Rebbe regarding the tractate, Hiskashrus publication 707, "Pninei Rebbi" section