Study Bava Batra folio 29B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ומודי מר זוטרא ברוכלין המחזירין בעיירות, דאף על גב דלא טען – טענינן ליה אנן.
And Mar Zutra concedes with regard to peddlers who travel through cities, during which time others might live in their houses, that even though the claimant does not claim that he insists on testimony that there was continuous use, day and night, over 3 years, we the court claim this for him. Since people know they are traveling salesmen, it is more likely that people lived in their houses without permission and without their knowledge.
ומודה רב הונא בחנותא דמחוזא – דליממא עבידא, לליליא לא עבידא.
With regard to the requirement for continuous day and night use to establish the presumption of ownership, the Talmud comments: And Rav Huna concedes with regard to a store in the town of Meḥoza, which is generally used in the day and is not generally used in the night, that one is not required to use it in the night to establish the presumption of ownership.
רמי בר חמא ורב עוקבא בר חמא זבון ההיא אמתא בהדי הדדי. מר אישתמש בה ראשונה שלישית וחמישית, ומר אישתמש בה שניה רביעית וששית. נפק ערער עילוה,
With regard to the requirement of continuous use to establish the presumption of ownership, the Talmud relates that Rami bar Ḥama and Rav Ukva bar Ḥama purchased a female slave together. One Sage made use of her during the first, third, and fifth years, and one Sage made use of her during the second, 4th, and 6th years. One individual who contested their ownership of the female slave emerged and claimed that he was the owner.
אתו לקמיה דרבא, אמר להו: מאי טעמא עבדיתו הכי – כי היכי דלא תחזקו אהדדי; כי היכי דלדידכו לא הוי חזקה, לעלמא נמי לא הוי חזקה.
They came before Rava for a judgment. He said to them: What is the reason you acted like this, making use of her in alternate years, so that each of you would not establish the presumption of ownership concerning each other by making use of her for 3 consecutive years? Just as this usage does not establish the presumption of ownership with regard to you, it does not establish the presumption of ownership with regard to others, i.e., the claimant in this case, as well.