Ritva seems to midayak in the loshon of the Gemara that it says that if would've protested and not if he would've made known and therefore the question of Abaye is that if you (the maarer were in the same city and did not protest and only through others did I hear than I can assume that this was only done to provoke me and I need not take it seriously, therefore a lack of direct protest contributes to the status of chazaka. Rava answers that hearing third hand is good enough. I am unclear as to how that answers Abaye's kasha or perhaps I do not understand the Ritva's comment. If you could clarify I would greatly appreciate it. Tks.
Refoel Hershkowitz, Spring Valley,USA
Refoel, you have understood the Ritva correctly. However, the Ritva explains that Abaye's question is based on the fact that we know that the Halachah is that the protest does not have to be made in front of the occupier. Therefore, Abaye asked on Rava: if the reason for 3 years of Chazakah is because an owner is careful to look after his deed of purchase only for 3 years, then it should follow that the protest must be made in front of the occupier. This is because the occupier would be entitled to claim that a protest made not in front of him was merely provocation. Abaye wants to prove from this argument that the reason for Chazakah cannot be the fact that a person does not guard his Shtar for more than 3 years.
Rava refuted this argument by asserting that, in fact, the occupier cannot claim that the reason why the protest is invalid is that it was made in his absence and thus it is merely provocation and not a real protest. Instead, Rava maintains that a protest in his absence also obligates him to guard his Shtar for more than 3 years.
The dispute between Abaye and Rava is therefore whether the occupier can argue that the fact that the protest was made in his absence means it was merely provocation. Abaye maintains that he is entitled to make this argument, while Rava contends that a protest in his absence is also a serious protest, not merely provocation.
Kol Tuv,
Dovid Bloom