Extending the protest time TB Baba Batra 30

A purchaser only needs to keep the bill of sale for three years. The original owner has to protest claiming he did not sell the property sometime during those three years to regain his property. With this protest the purchaser has to produce the bill of sale to prove he is the new owner. If buyer has lived in the home or used the property for those three years and the original owner never protested, he has presumptive ownership.

Today’s daf TB Baba Batra 30 teaches that there are extenuating circumstances that extends the protest limit time of three years. “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. Rava said: A person is apt to be occupied with business in the marketplace for all of thirty days, and accepted his claim.” (Sefaria.org translation)

Rava accepts the following two extenuating circumstances to extend the time the original owner has the right to protest. First, he has to be away from home on business for long periods of time. Being away for long periods of time how could he know somebody was squatting on his land! Secondly, he has to be too busy in the marketplace selling all the goods he purchased abroad during the month he is at home to find the time to officially protest the squatter in front of a court. Although the Gemara here doesn’t mention a third requirement, obviously the original owner has to have a second home. Even coming to his second home he might not know somebody is living in his other house. If he doesn’t have a second home and returns to his domicile and finds a squatter, he would have to protest immediately and ask the court to throw him off his property.