REVACH L'DAF
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| BAVA BASRA 47 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered. |
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SUMMARY
1. With regard to establishing a Chazakah, sons are not necessarily like their fathers.
2. However, the son of a thief cannot establish a Chazakah.
3. A divorced woman, and even a woman who merely may have been divorced, can establish a Chazakah on her ex-husband's possessions.
4. All those who may not make a Chazakah may still bring other forms of proof to their claim.
5. Rav Huna: A forced sale is valid.
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A BIT MORE
1. Even though craftsmen and sharecroppers often do not establish a Chazakah, their sons (if they are not sharecroppers or craftsmen) may establish a Chazakah based on the ownership of their father. The case is where there are witnesses that the person who claims ownership of the admitted to the father (craftsman) that he had sold him the property.
2. Even if there are witnesses who say that the original owner (and current claimant) admitted selling it to the thief, we presume that he said this in order that the thief not make up a charge against him and tattle on him to the government.
3. Whenever it is unclear to Chazal whether a woman has been divorced, her husband must still give her food. Even though this might be grounds to negate a Chazakah on her husband's property -- as he may have left it in her hands as a way to discharge his obligation to feed her, we presume that he would not have done so, and therefore her Chazakah is valid.
4. They may bring proof, such as witnesses, that the land was sold to them, or that it was given as a gift.
5. Even if the seller is being forced to sell, the sale is valid. Since he is receiving the money and is in danger if he does not sell, he wholeheartedly decides to go ahead with the sale.
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