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BAVA BASRA 36
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SUMMARY

1. Rava: A Jew who claims he bought a field from a Nochri can have a winning claim against the original Jewish owner.
 
2. In certain circumstances, a person may not establish a Chazakah of three years on his field.
 
3. Harvesting grain of a field before it is ready for human consumption does not qualify as usage to establish a Chazakah.
 
4. There is no immediate Chazakah on servants and animals.
 
5. Plowing alone does not help establish a Chazakah.

A BIT MORE

1. Even if this Jew does not have the original sale document from the Jew to the Nochri, if he says that he was present when that sale occurred, and therefore there is a valid Chazakah, he is believed. Since he would have been believed had he stated that he bought it from the original Jewish owner and established a Chazakah, he is believed to make his present claim.
 
2. For example, a person cannot establish a Chazakah during the Shemitah year, or if the fruit in the field is all Orlah or Kil'ayim.
 
3. Harvesting the grain in such a state clearly shows that the field is not his, as he is spending as little time as possible in the field, unlike an owner who would wait to harvest the grain until it is ready for human consumption.
 
4. This is because servants and animals are mobile, and anyone who would seize them could claim that they are his. However, there is a Chazakah on servants after three years of ownership.
 
5. The real owner does not feel like he has to protest plowing, since the occupier is not even benefitting from his field.

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