People make New Years resolutions. Mine was to read a page of Talmud every day, a practice known as daf yomi. There are 2,711 pages of Talmud. It will take over 7.5 years. This is my daily blog with at least one gem from each page I have read. Join me, and see this sacred book through the eyes of a progressive female Rabbi.
There was an incident where two people dispute the ownership of property. This one says: It belonged to my ancestorsand I inherited it from them, and that one says: It belonged to my ancestors and I inherited it from them. There was neither evidence nor presumptive ownership for either litigant. Rav Naḥman said: Whoever is stronger prevails.
On our daf today there are two situations where the court can’t tell who is the rightful owner. So they say “Whoever is stronger prevails.”
What does this mean? Duke it out? Settle it on the dance floor?
Rashbam says it means whoever had better proofs. But a later rabbi commenting on this says – the court couldn’t decide! So they remove themselves and whichever litigant comes and takes it from the other and can keep it from them keeps it… so they steal it from the other – they take it to the streets! The Rash says, no, it means that whoever is the real owner will work the hardest to prove his point.
The daf is debating whether we should believe someone when they make claims to land/property but don’t necessarily have documentation to prove our claims. And then we get this little gem:
After all, didn’t Rav Yehuda say: This one who is holding a sickle and rope [vetovelaya] and says: I will go cull [igderei] the dates from the date tree of so-and-so who sold it to me, is deemed credible that he has the right to do so? Apparently, a person is not so brazen that he would cull the dates of a date tree that is not his.
Sometimes, something is so in your face you have to believe them.
Tosafot and other rishonim point out that what gives this individual “believability” is not what he said, but what he did by harvesting the dates. So, we would believe him just by seeing him harvest the dates without him needing to say anything.
The Rashbam explains that this assumption only works after the fact, meaning that if the original owner of the date palm stood in his way and objected to his actions, then ballsy as he is we would not believe him.
I can’t help but think of people getting caught skinny dipping in someone else’s pool. If there is anything “ballsy” it’s that, and yet non-owners do it all the time.
Do you swear? Promise? Pinky promise? Swear on your mother’s grave? We are so quick to swear in our world today, to make promises. However, for the rabbis, taking an oath was such a serious matter, even when they were telling the truth, EVEN WHEN THEY HAD PROOF, they did not want to swear. As we see in our gem.
The Gemara relates: A rumor emerged concerning Rava bar Sharshom that he was profiting from land belonging to orphans. Abaye said to him: Tell me, my friend, concerning the incident itself, how is it that this rumor was generated? Rava bar Sharshom said to him: I was holding on to the land as collateral from the father of the orphans, and I hadother money with him, i.e., he owed me money for a different reason, for which I had no collateral, and I profited from the land for the duration of the years of the collateral.I then said to myself: If I return the land to the orphans now that the years of collateral have finished, and I say that I have other money with your late father, I will not be able to collect it, as the Sages say that one who comes to collect a debt from the property of orphans can collect only by means of an oath, and I do not wish to take an oath. Rather than do that, I will suppress the document detailing the terms of the collateral, and profit from the land up to the measure of the money that their father owed me. This is legitimate, since if I so desire I can say: It is purchased, and that is why it is in my possession, and I would have been deemed credible, as I profited from the land for the years necessary to establish the presumption of ownership, so when I say that I have money with you, I am also deemed credible. Abaye said to Rava bar Sharshom: Your reasoning is incorrect. You would not have been able to say: It is purchased, and that is why it is in my possession, as there is publicity concerning it that it is land of orphans. Therefore, you are unable to collect your debt based on the fact that you could have made a more advantageous claim [miggo]. Rather, return the land to the orphans now, and when the orphans become adults, then litigate with them, as you have no other option.
This is our gem because, primarily, it teaches us that no one can take advantage of orphans, not even rabbis – while also capturing how adverse our sages were to swearing.
We’ve all heard of someone being held in “contempt of court” on TV shows for angering or disrespecting a judge. But today’s gem uses the term in a whole new way. The worry here is that the court will lose its status amongst the people. The case in discussion is someone the court recognized as a priest, and then they were told he was from a questionable marriage and cannot serve in that role . . . only to find out he IS kosher to serve as priest . . .
And here it is with regard to concern about contempt of court that they disagree. Rabbi Elazar holds: Once we downgraded him from the presumptive status of priesthood based on the testimony of two witnesses, we do not then elevate him, as we are concerned about contempt of court, as a reversal in the court’s decision creates the impression that the court operates indecisively. And Rabban Shimon Ben Gamliel holds: We downgraded him from the presumptive status of priesthood and we then elevate him, and we are not concerned about contempt of court. The primary concern is that the matter should be determined based on the relevant testimonies. . . . Rather, Rav Ashi said: Everyone agrees that we are not concerned about contempt of court.
I love this. I love the commentary on how important it is that people trust the court. And I LOVE that trusting the court means that the court does what is right with the informaiton they have – and when they get new information, they do what’s right again!
We so often feel like we have to be sure and strong and unbending. But growing with new knowledge is so much better. When we grow as we know – that causes others to trust and respect decisions. Not holding ridged despite the facts.
Allen Saunders famously said, “Life is what happens when you’re busy making other plans.” Thought of this when I read today’s daf.
There was a certain person who said to another: What do you want with this house of mine? The possessor said to him: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was in the outer marketplaces, and was unaware that you were residing in my house, and therefore did not lodge a protest, so your profiting does not establish the presumption of ownership. The possessor said to him: But I have witnesses that every year you would come here for thirty days and had an opportunity to know that I was residing in your house and to lodge a protest. The claimant said to him: I was occupied with my business in the marketplaces for those thirty days.
This guy was so busy with work, he hadn’t noticed that someone hd moved in to his home and began working his land . . . he should be glad it’s just his house he took and not his family!
Anyway, Rava rules that the original owner still owns the land. Because we do get busy.
At the same time, the daf teaches us a valuable lesson about work life balance . . .
“Don’t you know that I heard it through the grapevine . . .”
Today’s daf continues the discussion of presumed ownership or land or property. When discussing why after three years of continual occupation we can assume someone is the owner, even if they dont have a deed we read:
Rather, Rava said a different reason: A person is careful with his document detailing his purchase of land for the first year after the purchase, and he is also careful for two and three years. For more time than that, he is not careful and might discard the document if no one has lodged a protest concerning his possession of the land. Therefore, the Sages ruled that after three years have passed, he can prove his ownership by means of presumptive ownership.
The gem comes when Abaye said to him: If that is so, a protest that is lodged not in his presence should not be a valid protest, and if three years pass with no protest in his presence, presumptive ownership should be established even if there was a protest lodged before other people. This is because the one possessing the land can say to the claimant: If you had protested in my presence, I would have been careful with my document and would not have discarded it.
However, if there is a protest not in his presence it does matter! Why?
Because the claimant can say to him: Your friend has a friend, and your friend’s friend has a friend, and the assumption is that word of the protest reached you.
I love this! If someone would have said so-and-so is squatting on my land, then rumor would have gotten back to the squatter! It had three years to travel – and we all know gossip travels faster than anything.
You should have known. You should have heard it through the grapevine.
MISHNA: With regard to the presumptive ownership of houses; and of pits; and of ditches; and of caves, which are used to collect water; and of dovecotes; and of bathhouses; and of olive presses; and of irrigated fields, which must be watered by people; and of slaves; and all similar property that constantly, i.e., throughout the year, generates profits, their presumptive ownership is established by working and profiting from them for a duration of three years from day to day.
According to Jewish law, just because someone lives on a property or works it, doesn’t mean that the person owns it. There are two ways to establish ownership, by purchasing the item or having it inherited or gifted from the previous owner, or if he claims an object that is ownerless.
However, we can’t expect people to hold onto documents forever, so we learn on today’s daf, that if someone has been working the land for over three years continuously then they can be assumed to be the owner. Much of the debate on the daf is how to define those three years and how much the land needs to produce etc.
Rabbi Shmuel Herzfeld drew a beautiful lesson. He talks about how we begin to formally teach our children about Jewish laws and spirituality after the age of three – and just like the rabbis teach about land, we have to cultivate our children every day.
So, today is a love letter to trees. The rabbis are debating how far a tree’s roots go and what that means in terms of if the owner owes neighbors fruit (and tithing if it’s in the boarder between Israel and not-Israel). So, the rabbis question how far roots extend.
The following image comes from USDA image from Chao. C, Krueger R. The Date Palm (Phoenix dactylifera L.): Overview of Biology, Uses, and Cultivation. Hort. Science 2007 42(5); 1077-1082. I am privy to it from the Talmudology blog, which I love to check out when the Talmud starts trying to do math.
What this shows is the average root extension of a palm tree. And that the rabbis were roughly correct on the daf in claiming most roots were within a certain circumference of the tree.
What my real gem is though is that some roots extend WELL beyond what the rabbis imagine. In fact, trees send one another nutrients and water through their connected root systems. Trees do not stand alone.
What does it mean to be a bad neighbor? We have bene learning about what we can plant and what businesses we can have within certain distances of our neighbors. Today we get gem which debates the accidental environmental impact our work may have on our neighbors.
The Gemara relates: When the members of the household of bar Maryon, son of Ravin, would beat their flax, the chaff [rakta] would fly off and harm people. Those people came before Ravina to complain.
I find this so powerful. I grew up near a farm in Indiana. My sister’s 3rd word (after mom and dad) was cow. But farms don’t look like what I grew up with anymore. They are industrialized and this ends up not being the healthiest thing for the land, the animals, the workers – or the neighbors.
There are many documentaries and articles about the devastation industrial farms have wrecked on communities. But here is just one from Mother Jones. The gem? Our impact goes beyond our fences and we are liable not just for what we plant, but for the after effects.
Ask a knowledgeable Jew what direction we face when we pray and they will tell you towards Jerusalem. For us, that’s facing east. There is even an ornament called a “mizrach” (meaning east) that some Jews hang in their home so you will know what direction to face when you pray. That’s why today’s daf is so interesting.
And Rabbi Oshaya holds that the Divine Presence is found in every place, as Rabbi Oshaya says: What is the meaning of that which is written: “You are the Lord, even You alone, You have made heaven…You preserve them all alive and the hosts of heaven bow down to You” (Nehemiah 9:6)? This indicates that Your messengers are not like the messengers of flesh and blood. The messengers of flesh and blood return to the place from where they were sent to report on their mission. But Your messengers return and report on their mission from the very same place to which they are sent…
This implies that the we can face any direction when we pray! God is everywhere. But the daf does suggest which way we should NOT face.
And Rav Sheshet, too, holds that the Divine Presence is in every place, as Rav Sheshet said to his servant: Set me facing any direction to pray except for the east. Rav Sheshet, who was blind, required the assistance of his aide to prepare for prayer. He explained to his servant: And the reason I do not wish to face east is not because it does not contain the Divine Presence, but because the heretics instruct people to pray in that direction. But Rabbi Abbahu says: The Divine Presence is in the west…
What?! Is the daf calling us all heretics?
No, remember, Rav Sheshet was a rabbi is Babylonia, which would be in modern day Iraq. If you face west in Iraq, guess what? You’re facing towards Jerusalem!
So, is God everywhere? Yes. But certainly, there are places where it is easier to feel God’s presence. And Jerusalem is certainly a place where you feel the Divine Presence is close.
2,711 pages of Talmud. A gem a day. 