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.

54b----------------------------------------54b

(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.

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