REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
1. The Mishnah discusses how one makes a Chazakah of ownership on houses, pits, and other possessions.
2. The Mishnah says that the law of Chazakah also applies to servants and irrigated fields that constantly produce fruit.
3. There is an argument about how long it takes to establish a Chazakah on a field that subsists from rainwater.
4. A Chazakah (being on the field for three years) helps support a person's claim (e.g. "I bought the field"); it does not automatically give him ownership of the field if he has no claim (but merely says "I have been here for three years").
5. If the original owner protests, in front of witnesses, someone's presence on his land, the Chazakah is invalidated.
|
A BIT MORE
1. The Mishnah says that one must use the property for three years every day in order to establish a Chazakah. This Chazakah serves as proof to the occupant's claim that he purchased (or inherited, or received as a gift) the property, in the event that the original owner claims that the property is still his.
2. This is because all of these things "produce fruit" -- meaning that the owner constantly benefits from it. If someone else claims that he owns it, he is not believed, because if he is telling the truth he should have protested at some point during the last three years.
3. Tana Kama: Since such a field does not produce fruit as often as an irrigated field, one does not need witnesses that he was there every day of the three years (but rather that he was generally there for three years). Rebbi Yishmael and Rebbi Akiva: Even three years are not needed; 18 months or 14 months suffice, respectively.
4. In other words, being on the land for three years and establishing a Chazakah does not help someone who admits he never bought it or rightfully possessed the land.
5. This applies even if he does not protest in front of the person who is squatting on his land. The reason is that it is assumed that the two witnesses spread the word that he has a claim on the land, and the squatter will hear about it and, if he has actual proof (such as a bill of sale) he will make sure not to lose it.
|
Next Daf
Index to Revach for Maseches Bava Basra
|
