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 states that there were three regions with regard to the law of Chazakah in Eretz Yisrael.
2. Accordingly, if one made a Chazakah in one region while the original owner was in a different region, the Chazakah is invalid.
3. Even if the original owner, who is in a different region, does not protest during these three years, the Chazakah is invalid.
4. The Gemara discusses cases of a protest made by the owner in front of two people who would not tell the current tenant.
5. The Gemara explains how a person makes a proper Halachic protest when someone is squatting on his land.
|
A BIT MORE
1. The three regions were Yehudah, Ever ha'Yarden, and the Galil.
2. This is because people did not travel from one of these regions to the other (at the time of the writing of the Mishnah). Accordingly, in the event that the owner protested, nobody could tell the current user of the land to keep his sale document, and therefore the protest of the original owner is not valid (which in turn disqualifies the Chazakah is invalid, since a Chazakah is valid only if the original owner is able to protest and does not protest).
3. Since he was unable to make a valid protest even if he wanted to, a Chazakah cannot be established.
4. Shmuel: Such a protest is not valid, since the witnesses are not going to inform the occupier. Rav: Such a protest is valid, since the witnesses will tell their friends who have friends who will tell the occupier.
5. He must say, "So-and-so is a thief, as he is stealing my land without permission, and I plan on suing him tomorrow."
|
Next Daf
Index to Revach for Maseches Bava Basra
|
