Bava Batra 42: When Chazaka Does Not Apply

We begin with halachot regarding real estate.   We are reminded of our last Mishna which teaches that  a person who has lent money and has a document to that effect can only collect his money from unsold property.  Witnesses might publicize a transaction, which is why the halachot regarding loans and sales are similar.  Rav and Shmuel argue that a lender without a document cannot collect from heirs, either.  The Gemara concludes that loans and sales are different.  A person borrows quietly, asking the witnesses to not publicize the transaction just in case the property becomes less valuable and the borrower is vulnerable to those who know he has little money.  Selling land should be publicized loudly, however, to ensure that many potential buyers are aware of the sale.  An example demonstrates the halacha that one who buys from an heir can claim chazaka.

A new Mishna teaches us about cases where chazaka does not apply.  These include cases where the following people have either possessed or worked upon the land for a period of time:

• craftspeople
• partners
• sharecroppers
• overseers
• a husband on his wife's property
• a wife on her husband's property
• a father on his son's property
• a son on his father's property

However, chazaka can be claimed if one of the above person changes the lock, fencing, or walls in order to acquire a gift, divide inheritance or to acquire renounced property.

The Gemara clarifies differences between craftspeople and partners.  Can one partner acquire property from another partner?  There is no chazaka if one has pre-approved permission to possess the land.  Perhaps, as Rabbi Yehuda suggests, a partner can claim chazaka only when the land can be divided.  The rabbis discuss the specific possibilities regarding this particular interpretation.