Study Bava Batra folio 29A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
דאי לא תימא הכי, ״בנו בתים ושבו, ונטעו גנות ואכלו את פרין״ – מאי קאמר? אלא עצה טובה קא משמע לן; הכא נמי – עצה טובה קא משמע לן. תדע, דכתיב: ״ונתתם בכלי חרש, למען יעמדו ימים רבים״.
Because if you do not say so, then when he states: “Build houses, and reside in them, and plant gardens, and eat the fruit of them” (Jeremiah 29:5), what halakhic statement was he saying? Rather, he teaches us good advice, and here too he teaches us good advice. The Talmud comments: Know that this was mere advice, as it is written: “And put them in an earthen vessel; that they may continue many days” (Jeremiah 32:14). This is obviously good advice to preserve the items properly, and is not a halakhic statement. Therefore, this is not a proof that the presumption of ownership cannot be established in under 3 years.
אלא אמר רבא: שתא קמייתא מחיל איניש, תרתי מחיל, תלת לא מחיל.
Rather, Rava said a different reason: A person who sees another profiting from his field might waive his rights during the 1st year, and he might waive his rights for two years, but he will not waive his rights for 3 years. Therefore, if one does not lodge a protest by the end of the 3rd year, it is tantamount to a concession that the land is not his.
אמר ליה אביי: אלא מעתה, כי הדרא ארעא, תיהדר לבר מפירי! אלמה אמר רב נחמן: הדרא ארעא והדרי פירי?
Abaye said to him: If that is so, when it becomes clear that the land is in fact owned by another and it is returned to its owner, it should be returned, save for the produce that the possessor consumed during the first two years, as the owner waived his rights to it. Why did Rav Naḥman say: The land is returned and the produce is returned?
אלא, אמר רבא: שתא קמייתא לא קפיד איניש, תרתי לא קפיד, תלת קפיד.
Rather, Rava said a different reason: A person is not particular the 1st year to lodge a protest, and he is not particular for two years, even though he does not waive his rights to the produce. He is particular to lodge a protest when he sees another profiting from his field for 3 years. Therefore, if one does not lodge a protest by the end of the 3rd year, it is tantamount to a concession that the land is not his.