Bava Batra 41: Keep the Bill of Sale for Property in a Safe Place

We learn from a new Mishna that one must make a specific claim while claiming chazaka, the presumed possession of land.  For example, one cannot answer a protest with, "I've taken possession of your land because no-one told me that I couldn't".   Instead, one might say "I've taken possession of your land because you sold it to me".  Similarly, one could say, "you gave it to me as a gift", "your father gave it to me as a gift", or "your father sold it to me". 

If claiming inheritance, one need not explain why his ancestors had rights to the land.  This point helps us to understand the concept of land ownership and land transfer, particularly in the time of the creation of the modern state of Israel.  

The Gemara immediately justifies the need for this halacha - one might have lost the required documents to prove one's ownership of the land.

The Gemara shares examples of neighbours who have rebuilt a fence incorrectly, including some of one of the neighbour's land more than that of the other.  It is noted that this error was unintentional, which could be the case in our Mishna as well.   If the neighbours are in agreement about the boundary, the fence can be rebuilt.  The rabbis discuss who will pay for this expense.  If the neighbours do not agree about the boundary or the payment, the Gemara offers options in perspective: we do not have to assume that one person is lying.  Perhaps both are seeing the truth from their perspectives.  Even regarding payment, one might be required to pay a lesser sum than the one suggested.  Witnesses and letters might be required in such situations.

We learn that the sale and transfer of property might have been done over the course of only one day. This is one of the reasons that proof of sale is so important for both buyer and seller.  A bill of sale is discussed publicly.  The simple sale of a home, however, might not be discussed publicly - especially if the sale took place quickly, as was often the case.