Soncino English Talmud
Bava Batra
Daf 38b
that Judea and Galilee are normally reckoned to be on hostile terms. Rab Judah said: Rab laid down that occupation of the property of a fugitive does not confer hazakah. When I related this to Samuel, he said to me: Must then the owner [in ordinary cases] make his protest in the presence of the occupier? [According to Samuel then,] what did Rab mean to teach us in this ruling? That [as a rule] a protest raised not in the occupier's presence is invalid? But [how can this be,] seeing that Rab has laid down that a protest raised not in the occupier's presence is valid? — Rab [in making this latter statement] was giving the reason of the Tanna of our Mishnah, but he did not himself concur. There is another version [of this passage, as follows:] Rab Judah said: Rab laid down that occupation of the property of a fugitive does confer hazakah. When I related this to Samuel, he said: Of course! Do you imagine the protest has to be made in the presence of the occupier? What then does Rab desire to indicate [by this ruling?] That a protest made not in the occupier's presence is valid? But surely this has been laid down by Rab already? — The truth is that this is what Rab wishes to indicate, that even if the owner made his protest in the presence of two men who are not able to report it to the occupier, it is still a valid protest. For so R. Anan reported: 'It has been expressly stated to me by Mar Samuel that if the protest is made in the presence of two men who are able to report it to the occupier, it is valid, but if of two men who are not able to report it to the occupier, it is not valid. And Rab? — [He goes on the principle that] "your friend has a friend and your friend's friend has a friend".' Raba said: The law is that it is not permissible to take possession of the property of a fugitive, and a protest made not in the presence of the occupier is valid. Are not these two rulings contradictory? — No; the latter relates to a fugitive on account of debt, the former to a fugitive on account of manslaughter. What constitutes a protest? — R. Zebid says: If the owner says, 'So-and-so is a robber,' this is no protest. If, however, he says: 'So-and-so is a robber who has seized my land wrongfully