(a)(Rav Yehudah): If a Yisrael (Shimon) bought property from a Nochri, his law is like that of a Nochri;
1.Just like a Nochri is not believed due to Chazakah, he must show a document, also one who bought from him (must show a document in which the original owner (Levi) sold to the Nochri).
2.If Shimon says that the Nochri told him 'I bought it from Levi', he is believed.
3.Objection: The Nochri himself is not believed to say this. All the more so Shimon is not believed to say this in the Nochri's name!
4.(Rava): Rather, If Shimon says 'I saw the Nochri buy it from Levi', he is believed, Migo he could have said 'I bought it from Levi'.
(b)(Rav Yehudah): If Reuven held reaping tools and said 'I am going to reap (Tosfos - this is the correct text, like above (33b)) Shimon's tree. I bought it from him', he is believed, for one is not so brazen to reap another's Peros.
(c)(Rav Yehudah): A Chazakah in the land outside a wall around a field (which the owner normally seeds and allows animals to eat it, so they will not enter his field) is not a Chazakah.
(d)Question: What is the reason?
(e)Answer: The owner does not care about what grows there. He allows animals to eat it. (This is why he did not protest.)
(f)Version #1 (our text, Rashbam) - (Rav Yehudah): Eating Orlah does not contribute to the years of Chazakah. (The owner did not protest because one may not benefit from Orlah.)
(g)Support (Beraisa): Eating Orlah, Shemitah or Kilayim does not contribute to the years of Chazakah.
(h)Version #2 - Tosfos - (Rav Yehudah): Using Orlah (e.g. the vines themselves, which are permitted) is valid for Chazakah (this is the maximum benefit one can get from Orlah).
(i)Support (Beraisa): Using Orlah, Shemitah or Kilayim is valid for Chazakah. (end of Version #2)
(j)(Rav Yosef): Reaping (grain prematurely when it is still) fodder is not a Chazakah (this is not normal usage of a field).
(k)(Rava): In a place where people (have many animals and) normally reap fodder, it is a Chazakah.
(l)Version #1 - Rashbam - (Rav Nachman): Occupying an (unfarmable) field full of cracks is not a Chazakah.
(m)Version #2 - R. Chananel - (Rav Nachman): Farming a field without plowing (rather, allowing wind and sun to crack the earth) is not a Chazakah. (end of Version #2)
(n)If one harvested the same amount that he seeded, this does not make a Chazakah (the owner had no reason to protest).
(o)People of the Reish Galusa's house cannot make a Chazakah against others (others fear to protest), nor can others make a Chazakah against them (they are rich, and do not mind if others use their land and care for it. They know that they can retrieve it when they want.)
2)CHAZAKAH FOR GODEROS
(a)(Mishnah): A Chazakah for slaves...
(b)Question: Reish Lakish taught that there is no Chazakah for Goderos (anything that can walk by itself, i.e. animals or slaves)!
(c)Answer (Rava): They do not have an immediate Chazakah (we do not assume that one who holds them owns them), but Chazakah applies after three years.
(d)(Rava): There is an immediate Chazakah for an infant slave in a crib.
(e)Objection: This is obvious (he cannot walk)!
(f)Answer: One might have thought that we are concerned lest his mother brought him and left him here. Rava teaches that we are not concerned, for she would not forget her son.
(g)Some goats were eating peeled barley in Neharde'a. The owner of the barley seized the goats, and was claiming a large loss.
1.(Shmuel's father): He can claim up to the goats' value, for he could have said that he bought them.
(h)Question: Reish Lakish taught that there is no Chazakah for Goderos!
(i)Answer: Goats are different. A shepherd watches them. (They could not walk off by themselves.)
(j)Question: Goats walk unattended in the morning (to the shepherd's house), and return unattended at night!
(k)Answer: There are many thieves in Neharde'a, so people do not leave goats unattended.
3)IS PLOWING A CHAZAKAH?
(a)(Mishnah): R. Yishmael says, three months...
(b)Suggestion: The Tana'im argue about whether or not plowing makes a Chazakah.
1.R. Yishmael holds that plowing does not make a Chazakah, and R. Akiva holds that it does.
(c)Rejection: If so, why does R. Akiva require a month (in the first and third years)? One day of plowing should suffice!
(d)Rather, all agree that plowing does not make a Chazakah. They argue about whether one must eat Peros that need much time to grow, or if fast-growing Peros suffice.
(e)(Beraisa): Plowing does not make a Chazakah;
(f)Some say, it is a Chazakah.
(g)Question: Who says that it is a Chazakah?
(h)Answer (Rav Chisda): It is R. Acha;
1.(Beraisa): If Reuven plowed a field (without seeding it) for two (or one) years and seeded it for one (or two) years, this is not a Chazakah;
2.R. Acha says, this is a Chazakah.
(i)Question (Rav Bivi): What is R. Acha's reason?
(j)Answer (Rav Nachman): An owner would not keep quiet if he saw someone plow his field.
(k)Question (Rav Bivi): Why do Chachamim argue?
(l)Answer (Rav Nachman): An owner is very happy if others plow his field. It will be more fertile when he wants to plant!
(m)Question (people of Fum Nahara): Is plowing a Chazakah?
(n)Answer (Rav Nachman bar Rav Chisda): R. Acha and all the Gedolim of our generation say that it is.
(o)Objection (Rav Nachman bar Yitzchak): Many Gedolim say that it is not, e.g. Rav and Shmuel in Bavel, and R. Akiva and R. Yishmael in Eretz Yisrael!
(p)Question: We concluded above (from the Mishnah) that R. Akiva and R. Yishmael say that it is not. What is the source that Rav agrees?
(q)Answer: Rav Yehudah cited Rav to say 'Chachamim argue with R. Akiva and R. Yishmael, and require three years from day to day.'
1.Question: What does he come to exclude by saying 'from day to day'?
2.Answer: This teaches that plowing is not a Chazakah.
(r)Question: What is the source that Shmuel agrees?
(s)Answer: Rav Yehudah cited Shmuel to say 'Chachamim argue with R. Akiva and R. Yishmael, and require three harvests of dates, three olive harvests, or three grape harvests.'
4)WHAT IS NEEDED FOR CHAZAKAH?
(a)Question: What is the difference between Rav and Shmuel?
(b)Version #1 - Rashbam - Answer (Abaye): They argue about a young date tree (it yields three harvests in less than three years. This is enough according to Shmuel, but Rav requires three full years.)
(c)Version #2 - R. Chananel - Answer (Abaye): They argue about a date tree whose dates fall off. (According to Shmuel, he has no Chazakah until he stays three years and harvests three harvests; according to Rav, it suffices that he worked the field for three years.
(d)(Mishnah - R. Yishmael): This applies to a grain field... (regarding trees, a date harvest, an olive harvest and a grape harvest makes a Chazakah).
(e)(Abaye): (Shmuel explained that Chachamim argue with R. Yishmael, but only regarding three years); we infer Chachamim's opinion from R. Yishmael.
1.If there were 30 trees, 10 per Beis Se'ah (2500 square Amos), and Reuven ate the fruit of 10 of them each year, this is a Chazakah.
i.R. Yishmael says that eating three different fruits is a Chazakah, i.e. a Chazakah on one part of the field (e.g. where the dates grow) is a Chazakah for the whole field;
ii.Here also, eating 10 is like using the entire property!
2.This is only if only 10 trees produced. If more produced and he did not harvest them, this is not a Chazakah.
3.It is a Chazakah only if the 10 he ate each year are spread among the entire property.