More Discussions for this daf
1. Istenis 2. "Mil" & "Amos"

Gershon Dubin asked:

We find that despite the fact that ein chazaka lenizakin is limited to certain nizakin, still Rav Papa could claim to be an istenis and therefore no chazaka could be claimed against him. How could someone else's chazaka be dependent on his fussiness?

Gershon Dubin, Brooklyn NY USA

The Kollel replies:

The rationale behind Chezkas Nezakin is that since the Nizak was not Mocheh, we see that he accepts the Hezek. There is a Machlokes Rishonim if his silence is proof that he sold it, or proof that he was Mochel. In any event, Kutra and Bais ha'Kisei are not a Chazakah, for we say that the Nizak was mistaken in his belief that he could tolerate them and it is a Mekach Ta'us. So, too, in the case of an Istenis, we say that although he thought he could tolerate it, he was mistaken, and therefore there is no Chazakah.

D. Zupnik