1)EXAMPLES OF CHAZAKAH
(a)(R. Yirmeyah Bira'ah): If one seeds a turnip in the cracks of Hefker property, this is not a Chazakah.
(b)Question: Why not?
(c)Answer: When he seeded it, he did not improve the land. The improvement (the turnip sprouts) happens by itself.
(d)(Shmuel): If one prunes a date tree so it will grow better, he acquires it;
1.If he pruned it to feed to his animals (even though he intended to acquire it), this is not a Chazakah (because he did not intend to improve the tree).
(e)Question: How do we know whether or not he intended to improve the tree?
(f)Answer: If he took branches from all sides of the tree, he intended to improve the tree. If he took branches from only one side, he did so for his animals.
(g)(Shmuel): If one takes pieces of wood and grass from a field so it will be easier to plow, he acquires it;
1.If he took them for burning, he does not acquire (this is like eating Peros, which is not a Chazakah).
(h)Question: How do we know what his intention was?
(i)Answer: If he took big and small pieces, he intended to improve the field. If he took only big pieces, he did so for fuel.
(j)(Shmuel): If one leveled a field so it will be easier to plow, he acquires it;
1.If he did so to prepare the area to thresh grain, he does not acquire (a granary is detrimental to the field in the long term).
(k)Question: How do we know what his intention was?
(l)Answer: If he put the dirt of the mounds into the ditches, he intended to improve the field. If he merely flattened them a bit (to reduce the slope), he did so for threshing.
(m)(Shmuel): If one made an opening so that water (from the river) will enter a field to irrigate it, he acquires it;
1.If he did so for fishing, he does not acquire.
(n)Question: How do we know what his intention was?
(o)Answer: If he made one opening for water to enter from the river and another for water to leave, he did so for fishing;
1.If he made only an opening for water to enter, it was for irrigation.
(p)A woman pruned a date tree for 13 years, from one side. A man came and dug under it a bit. Levi ruled that he gets it. The woman was protesting.
1.Levi: You did not make Chazakah like people normally do!
(q)(Rav): If one draws a picture (of an animal or bird) on the wall of a Hefker house, he acquires it.
1.This was inferred from a case that occurred. A convert who owned a garden near Rav's Beis Medrash died. Rav acquired it by drawing a picture.
2)MUST ONE DIG IN THE ENTIRE FIELD?
(a)(Rav Huna citing Rav): If one digs any amount in a field surrounded by fences, he acquires the entire field.
(b)(Shmuel): He acquires only where he digs.
(c)Question: (According to Rav Huna,) if the field is not surrounded by fences, how much does he acquire through one insertion of the shovel? (Tosfos; Rashbam - how much must he dig to acquire the entire field?)
(d)Answer (Rav Papa): He acquires the standard length of a furrow (Tosfos; Rashbam - he must plow two furrows along the length of the entire field).
3)BUYING FROM A NOCHRI
(a)(Rav Yehudah citing Shmuel): A Nochri's property (after he sold it to a Yisrael) is like Hefker: whoever makes a Chazakah in it acquires it.
(b)Question: What is the reason?
(c)Answer: Once a Nochri receives the money, he relinquishes his ownership of the property. The Yisrael does not acquire until he gets a document.
(d)Question (Abaye): Shmuel could not have said that, for Shmuel holds that the law of the kingdom is binding, and the king says that one needs a document to acquire (Chazakah is not enough)!
(e)(Rav Yosef): A case occurred in which Reuven bought land from a Nochri, and Shimon dug a little in it. Rav Yehudah ruled that Shimon keeps it.
(f)Rejection (Abaye): There is different, for the Nochri himself did not pay the land tax. The king's law is that whoever pays the tax gets the Peros.
(g)Rav Huna bought land from a Nochri, and Levi dug a little in it. Rav Nachman ruled that Levi keeps it.
(h)Rav Huna: You rule like Shmuel, that a Nochri's property is like Hefker, and whoever makes a Chazakah in it acquires it;
1.You should also rule like Shmuel's other law, that he acquires only where he dug!
(i)Rav Nachman: Regarding that law, I rule like you yourself said in Rav's name: if one digs any amount, he acquires the entire field.