Askmoses-A Jews Resource
Is a severed limb impure?
Browse our archives

The Scholar is ready to answer your question. Click the button below to chat now.


Scholar Online:

Type in your question here:

Can you explain the concept of “chazakah” in Jewish law in regard to property?

by Rabbi Yossi Marcus

  

Library » Daily Life » Business Issues | Subscribe | What is RSS?


PRINT EMAIL COMMENT

If a person occupies a field for three years, and the original owner does not say a thing, and then one day the neighbor says, “Hey, this guy took my field!”—the occupier is believed to say that he bought the field and lost the sales contract.

The logic is that if the original owner had not sold it, he would not have allowed three years to go by without protesting. One year—he might overlook it. Even two years is still temporary so he might not bother protesting. Three years is a “chazakah”—permanent.

(Important note: This does not mean that the three-year occupation acquires the land for the occupier. Rather, the three-year occupation buttresses the claim that the occupier bought the field three years ago and lost his contract.)

This law is discussed at length in the Talmud (Bava Batra chapter three).

TAGS: chazakah

ADD A COMMENT

Please email me when new comments are posted (you must be  logged in).
Talmud
Usually referring to the Babylonian edition, it is a compilation of Rabbinic law, commentary and analysis compiled over a 600 year period (200 BCE - 427 CE). Talmudic verse serves as the bedrock of all classic and modern-day Torah-Jewish literature.