Bava Batra 28a (כח.) — the Talmud in English

A. Land—and all other immovable property—that belonged to a person [in the language of the Gemara: “the original owner,” meaning the first owner]: another person is not believed when he says, “I purchased it from him,” unless he has a deed of sale in his possession. It is not sufficient for him merely to sit on the land and exercise possession over it. This is unlike movable property, for if a person possesses movable property, he is believed when he claims that he purchased it from the previous owners.

B. Our Mishna explains in what manner one who exercises possession over immovable property is believed when he claims that he purchased it from the original owner, even though he does not have the deed of sale in his possession:

Mishna:

Possession of houses, cisterns, ditches, caves, dovecotes, bathhouses, and olive presses,

and a field

that is irrigated by hand

[a field that is irrigated manually, because it does not suffice with rainwater],

and slaves

who are also subject to the law of land, such that possession does not establish ownership of them as it does with other movable property[1]—

And

so

with every thing that regularly produces fruit: their chazaka is three years from day to day,

that is, if a person consumed the produce of the field or made full use of the other immovable property for three years, without the “mara kama” protesting against his use of them, he is believed to claim: “I purchased it, and my deed was lost.”

But

a field dependent on rainwater

[which drinks only rainwater]:

its possession is established over three years, but not from day to day.

And how is its possession established:

Rabbi Yishmael says: Three months in the first year,

three

months

in the last year, and twelve months in the middle; these are eighteen months.

Rabbi Akiva says: One month in the first year, one month in the last year, and twelve months in the middle; these are fourteen months.

And further

Rabbi Yishmael said:

When are these words applicable—

And further

Rabbi Yishmael said:

In what case are these matters stated—

that he is not believed to claim, “I purchased it,” unless he consumed all the produce of the field throughout three years—only in a grain field [a field of grain]—

since

But in an orchard field:

since he

gathered his produce

[his grapevines],

and harvested

[the harvesting of olives, like the vintage of grapes]

his olives, and gathered his summer produce

[dried figs], these constitute three years.

Gemara:

The following discussion explains the reason for the law that he is believed once he has exercised ownership over it for three years.

Gemara:

The following sugya explains the reason for the law that he is believed once he has exercised possession over it for three years.

Rabbi Yoḥanan said:

I heard from the men of Usha,

who would say: From where is it derived that possession

of land

is for three years, from the case of an ox forewarned:

which pays only half-damages,

Just as with regard to an ox forewarned, once it gores three times, it leaves the presumptive status of an innocuous ox

which pays only half the damages

and assumes the presumptive status of an ox forewarned

which pays full damages—

so too here,

with regard to possession of land,

once he has consumed its produce for three years

[three years],

it leaves the possession of the seller and stands in the possession of the buyer, [the field leaves the seller’s possession and stands in the buyer’s possession].

If, just as with a forewarned ox, until

And we challenge this:

If so, just as with regard to an ox forewarned, until

the ox

has gored a fourth time, it is not liable

for full damages,

so too here,

let us say that

until the end of the fourth year it does not stand in his possession

[the field does not stand in the buyer’s possession]!?

And we answer:

How can these cases be compared

[is the matter under discussion comparable to the proof]!?

There,

with regard to an ox forewarned—

once it has gored three times,

it has already

become

a

forewarned ox—