Commentary for Bava Batra 3:1
חֶזְקַת הַבָּתִּים וְהַבּוֹרוֹת וְהַשִּׁיחִין וְהַמְּעָרוֹת וְהַשּׁוֹבָכוֹת וְהַמֶּרְחֲצָאוֹת וּבֵית הַבַּדִּין וּבֵית הַשְּׁלָחִין וְהָעֲבָדִים וְכָל שֶׁהוּא עוֹשֶׂה פֵרוֹת תָּדִיר, חֶזְקָתָן שָׁלֹשׁ שָׁנִים מִיּוֹם לְיוֹם. שְׂדֵה הַבַּעַל, חֶזְקָתָהּ שָׁלֹשׁ שָׁנִים, וְאֵינָהּ מִיּוֹם לְיוֹם, רַבִּי יִשְׁמָעֵאל אוֹמֵר, שְׁלֹשָׁה חֳדָשִׁים בָּרִאשׁוֹנָה וּשְׁלֹשָׁה בָּאַחֲרוֹנָה וּשְׁנֵים עָשָׂר חֹדֶשׁ בָאֶמְצַע, הֲרֵי שְׁמֹנָה עָשָׂר חֹדֶשׁ. רַבִּי עֲקִיבָא אוֹמֵר, חֹדֶשׁ בָּרִאשׁוֹנָה וְחֹדֶשׁ בָּאַחֲרוֹנָה וּשְׁנֵים עָשָׂר חֹדֶשׁ בָּאֶמְצַע, הֲרֵי אַרְבָּעָה עָשָׂר חֹדֶשׁ. אָמַר רַבִּי יִשְׁמָעֵאל, בַּמֶּה דְבָרִים אֲמוּרִים, בִּשְׂדֵה לָבָן. אֲבָל בִּשְׂדֵה אִילָן, כָּנַס אֶת תְּבוּאָתוֹ, מָסַק אֶת זֵיתָיו, כָּנַס אֶת קֵיצוֹ, הֲרֵי אֵלּוּ שָׁלֹשׁ שָׁנִים:
The chazakah (possession period regarded as evidence of ownership) for houses, boroth, shichin, and ma'aroth (see 2:1), dove-cotes, bath-houses, an olive-press, an irrigated field, bondsmen, and all things which produce fruit constantly — their chazakah is three years, from day to day. [If one lost his bill (of purchase), and he brought witnesses that he was in possession in each of the instances adduced in our Mishnah, he is believed to state that he is the purchaser, and he is not told: "Bring your bill of purchase." For up to three years one takes care of his bill (of purchase), but not longer than that. And the claimant is told: If you had not sold it to him, you should have protested before two (witnesses): "Know that that man is 'eating' my land in theft," and the matter would have come to his ears, and he would have been heedful with his bill (of purchase). For "Your friend has a friend, and your friend's friend has a friend." And since you did not protest, it is your loss. ("an irrigated field":) Since it is constantly superintended for purposes of irrigation, it is constantly productive. And the chazakah of something which is constantly productive is three years from day to day. ("bondsmen":) And though we rule: "Godroth (sheep, as in Numbers 32:16: 'gidroth tzon,' (i.e., sheepfolds) have no chazakah," and the same applies to all living things — it is an immediate chazakah that they do not have. That is, if the sheep or the bondsman were known to belong to one man and they entered the house of another, and the second claimed that he had bought them and was in possession of them, this is no chazakah, for they are accustomed to go from house to house. But if he held a bondsman for three years, this is a chazakah and he needs no bill of purchase.] The chazakah of a rain-fed field, [which is productive only once a year] is three years, [not requiring "from day to day."] R. Yishmael says: Three months the first (year), three months the last, and twelve months in the middle — eighteen months. [For there is produce which grows in three months, such as barley, oats, and lentils — so that one may eat three crops in eighteen months.] R. Akiva says: One month in the first, one month in the last, and twelve months in the middle — fourteen months. [Some things grow in thirty days, such as young corn and greens. Therefore, if he ate from it fourteen months, it is a chazakah.] R. Yishmael said: [(R. Yishmael holds that the eating of young corn and greens does not establish a chazakah, but only the eating of real grain and fruit.)] When is this so? [that eighteen months are needed for a rain-fed field?] With a grain field, [all of whose produce is picked in one period, for which reason three years are required.]; but with a tree field, [whose fruits are picked in different periods: grapes, in one period; olives in another; and figs, in another], if he gathered in his produce [grape-wine], harvested his olives, and gathered in his figs [i.e., If he harvested them, dried them, and brought them into his house], this is [a chazakah, as if it were] three years. [The halachah is neither in accordance with R. Akiva nor with R. Yishmael.]
Bartenura on Mishnah Bava Batra
English Explanation of Mishnah Bava Batra
The legal period of possession [in order to establish ownership] for a field irrigated by rain water is three years and they need not be completed. Rabbi Yishmael says: “Three months during the first year, and three months during the last year and twelve months during the middle year, which makes eighteen months.” Rabbi Akiva says: “One month during the first year and one month during the last year and twelve months during the middle year, which makes fourteen months.”
Rabbi Yishmael said: “When does this apply? With regards to a sown field, but with tree plantation, if he brought in his produce (, collected the olives and gathered in his fig harvest, this counts as three years.”
In order to understand our mishnah and the remaining mishnayoth of the chapter we will need to explain how one can demonstrate ownership over a piece of land by “possession”. In general in Jewish law there is an assumption of ownership to the one who possesses a certain item. If Reuven possesses an item and Shimon claims that the item is his, and Reuven responds that Shimon sold him the item, Shimon will have to bring proof that the item still belongs to him. Since the item is in Reuven’s possession it is assumed to be his. This is true with regards to movable property. However, with regards to land, a person who is on a piece of land cannot necessarily claim ownership to the land. If Reuven is on a piece of land and Shimon claims it is his and Reuven responds that Shimon sold it to him, Reuven will have to prove his claim. If, however, Reuven has been living on this land, or in another way possessing the land for three years, he has an assumption of possession. In such a case Shimon will need to prove that he still owns the land if he wishes to recover it from Reuven. The idea behind this law is that if a person demonstrated ownership over a piece of land for an extended period of time and no one protested, it is reasonable to assume that the land is his.
The third chapter of Bava Batra deals with the rule of three year possession called “chazakah” in Hebrew. The rule, as we shall see, does not apply in the same way with everything.
If a person demonstrated ownership over the items listed in section one for three years, than they are assumed to be his. For instance, if Reuven used a house for three years and after this time Shimon came and claimed that the house was his, if Reuven were to respond that Shimon sold or gave him the house, Reuven needs to bring witnesses that he has possessed the house for three years, and then it belongs to him. In order to establish a presumption of ownership over these items one must possess them for three full years.
In order to establish a presumption of ownership over a field irrigated by rain water, one need not possess the field for three full years, but rather it is sufficient to posses them for parts of three years. This difference in law is explained by the difference between the irrigated field mentioned in section one and the field irrigated by rain water in section two. A field irrigated by man will yield produce many times in a season and therefore to demonstrate ownership one must actively possess the field for three full years. The field irrigated by rain will only yield one crop per year and therefore it is enough to harvest or work three crops to demonstrate possession. In order to do this one can work the field for three partial years. Rabbi Yishmael and Rabbi Akiva disagree with regards to the nature of the partial three years.
In section three Rabbi Yishmael states that there is a difference between a field sown with produce and a field with fruit trees. When Rabbi Yishmael stated that one needed eighteen months in order to demonstrate ownership, this related to sown fields. In a sown field there is only one harvest per season, and therefore he would need three harvests in order to demonstrate ownership through possession. With regards to trees, each type of tree has its own harvesting season. Therefore if he were to harvest the grapes in one season, the olives in another and the figs in a third, that would be enough to establish possession, even though they were all done in one year.