When we say a shor that gores 3 times it makes it into a muad. Whichs tzad of the chakira is true?
#1 Does the chazakah mean it reveals to us that all along the shor was a muad?
#2 Or does the chazakah reveal to us that the nature of the shor changed and it name became a muad.
Menachem Zaman, Sherman Oaks
Your question is discussed at length in the Acharonim. They explain both sides.
The Steipler Ga'on, in Kehilos Yakov (Taharos #66), proves the side that the Shor was always that way from the beginning. Chidushei Rav Nachum (#9) explains that the second way is also possible. This is summarized in the Mesivta edition, Yalkut Bi'urim, DH Keitzad Lomdim.
All the best,
Reuven Weiner
Thank you very much Rav!
Do you think this can be a chakira in the pshat of holchei Usha in Bava Basra 28a?
Do we learn that after 3 achilas/shanim, the squatter was the bal all along (Ramban)? Or do we learn that he was not the bal all along but after the third time the bal relinquished his rights to the property and the squatter only now becomes the bal (Tosfos)?
Dear Menachem,
True, there is a connection to Holchei Usha, but it is different than your suggestion.
You say that according to Tosfos, only now there is a new Ba'al because the seller relinquished his rights, but the Mechilah could be from the beginning and only now it becomes apparent (like the Steipler Ga'on learns). Even according to Rav Nachum, who says that the Mu'ad change starts only now, that lets us learn that from the sale time we know that he is the new owner (this point needs a longer explanation, which is not possible in our forum).
Now the Ramban has a totally different approach concerning who is the Muchzak of the land and that a change in Halachic status happens after three years. To follow the Sugya step by step, you can use the Mesivta Hebrew edition and follow all of the relevant footnotes on 28a-b.
All the best,
Reuven Weiner