Bava Batra 36 - July 31, 25 Tamuz

Today's daf is sponsored by Ariele Mortkowitz for the refuah shleima of Aliza Yehudit bat Malka Esther. "For the merit of healing and continued health and long life."

Several assumptions about human behavior are used to determine ownership. One generally doesn't bring tools and harvest in a field that is not one's own. One wouldn't protest land that is unlikely to grow crops or unprotected land whose produce will likely be eaten by the animals, or produce that is forbidden to sell by law (orla, shmita, kelaim). According to the Mishna, there is presumptive ownership for slaves after three years. How can Reish Lakish's statement that possession of livestock cannot be used as proof of ownership as they are free to move on their own, be understood in light of the Mishna? Rava ruled that one can establish presumptive ownership on a small slave immediately - on what basis? There is a debate regarding whether or not plowing would be considered an act of chazaka if the owner did not protest. The Gemara first assume that this issue is the source of debate between Rabbi Yishmael and Rabbi Akiva in the Mishna, but then rejects that understanding.