1)WHEN IS THE BUYER MUCHZAK IN THE PROPERTY? (cont.)

(a)Contradiction: Rav Nachman contradicts what he said in another case, and so does Rava!

(b)Levi told Yehudah 'I sell to you all the property of Bar Sisin.'

1.There was a certain land called by the name of Bar Sisin. Levi claimed that it really was not Bar Sisin's property, it was only called that way.

(c)Rav Nachman established Yehudah to be the owner.

(d)Objection (Rava): Levi was established to be the owner. To take the house from him, the burden of proof is on Yehudah (that it was Bar Sisin's property)!

1.(Summation of contradiction): In the first case, Rav Nachman considers the seller to be Muchzak when in doubt, and Rava says the buyer is Muchzak; in the latter case, each holds the opposite!

(e)Answer #1: Rava does not contradict himself. In the first case, the buyer is known to be living on the property (so he is Muchzak). In the second case, the seller is on the property, so he is Muchzak.

(f)Answer #2: Rav Nachman does not contradict himself. In the second case, since the property is called by Bar Sisin's name, the seller must prove that it was not really Bar Sisin's;

1.In the first case, living in the house for the years of Chazakah only supports his claim that he had a document and lost it. Even if he had the document, he would have to validate it! (Here also, he must prove that his Chazakah was valid).

(g)Reuven (to Shimon): What are you doing in this house?

1.Shimon: I bought it from you, and I have lived here the years of Chazakah.

2.Reuven: (I did not sell it to you.) I have been doing commerce abroad. (Your Chazakah was not in front of me, so it is invalid.)

3.Shimon: I have witnesses that you returned for 30 days every year!

4.Reuven: All 30 days, I was busy in commerce (Rashbam - so I did not notice that you were in my house; others explain - so I had no time to protest).

(h)(Rava): It is normal that one is busy in commerce for 30 days. Reuven's claim is accepted.

(i)Reuven asked Shimon: What are you doing on this land?

1.Shimon: I bought it from Ploni. He said that he bought it from you.

2.Reuven: You yourself admit that it (was) my land, and you did not buy it from me. Go away! You have no case against me.

30b----------------------------------------30b

(j)(Rava): The law is like Reuven said.

2)WHEN DOES ONE FORFEIT HIS CLAIM?

(a)Reuven asked Shimon: What are you doing on this land?

1.Shimon: I bought it from Ploni, and I have eaten the Peros the years of Chazakah.

2.Reuven: Ploni is a thief (he never had any rights to the land)!

3.Shimon: I have witnesses that you advised me to buy it from him!

4.Reuven: True; I wanted you to buy it, for I prefer to deal with you (to take back my land) than with Ploni. He is a difficult adversary.

(b)(Rava): The law is like Reuven said.

(c)Question: Like whom does Rava hold?

1.Suggestion: He must hold as Admon.

2.(Mishnah - Admon): Levi claims that a certain field is his, and he signed on a document in which Yehudah sold that field to Yakov. Levi's signature is not an admission that the field is not his. He can say 'I wanted Yakov to buy it, for I prefer to deal with Yakov than with Yehudah. Yehudah is a difficult adversary.'

3.Chachamim say, Levi cannot claim that the field is his.

(d)Answer: No, Rava can hold even like Chachamim.

1.Chachamim say that he cannot claim that he signed in order to have an easier opponent. Such an incentive does not warrant doing a false action.

2.Chachamim could agree that one might give misleading advice to obtain an easier opponent. People often speak insincerely.

(e)Reuven asked Shimon: What are you doing on this land?

1.Shimon: I bought it from Ploni, and I have eaten the Peros the years of Chazakah.

2.Reuven: Ploni is a thief (he never had any rights to the land)!

3.Shimon: I have witnesses that last night you asked me to buy it from him for you!

4.Reuven: Really, the field is mine; I preferred to pay him for it to avoid having to fight him in Beis Din.

(f)(Rava): It is normal to buy one's own property to avoid having to fight about it in Beis Din. (Reuven's claim is accepted.)

3)WHAT IS A GOOD CLAIM WITH A CHAZAKAH?

(a)Reuven (to Shimon): What are you doing on this land?

1.Shimon: I bought it from Ploni, and I have eaten the Peros the years of Chazakah.

2.Reuven: I have a document showing that I bought it from Ploni four years ago. (It was not his when he 'sold' it to you!)

3.Shimon: Do you think that I meant three years of Chazakah? My Chazakah is longer than that!

(b)(Rava): It is normal for one to say 'years of Chazakah' when they are more than three.

1.Shimon only keeps the field if he has been there at least seven years, so that he had a Chazakah before Reuven bought the field;

2.If he was there for only six years, Ploni's sale to Reuven (which was after Shimon was there only two years) is the ultimate protest (so Shimon had no Chazakah).

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