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1) A MIGO TO COLLECT A DEBT

(a) People were saying that Rava bar Sharshom was eating the produce of orphans' land.

1. Abaye: What actually happened?
2. Rava: I took the land as Mashkanta from their father, who also owed me other money as well. I did not want to return the land after the Mashkanta expired, for then I would have to swear (like anyone that wants to collect from orphans);

i. Rather, I concealed the Mashkanta document, in order to continue eating the produce until I collect the other loan as well;
ii. Migo that I would be believed to say that I bought the land, I am believed to say that they owe me the money.

3. Abaye: You have no Migo to say that you bought it, for people know that it belongs to the orphans;

i. Rather, you must return the land to them; when they grow up, you will claim your debt from them.

(a) Rav Idi bar Avin's relative died, leaving a date tree; Rav Idi and another relative (Reuven) each said 'I am the heir'.
(b) Version #1 (Rashbam): Eventually, Reuven admitted that Rav Idi (was the heir - Tosfos - that he may have the tree); Rav Chisda ruled that Rav Idi owns the tree.

1. Rav Idi: He must return the fruit he ate all this time!
2. Rav Chisda: You only have the tree based on his admission - he says that he is the heir (and he just gave it to you as a gift)!
3. (Abaye and Rava): Rav Idi is right - Reuven's admission is that Rav Idi is the true heir.

(c) Version #2 (R. Chananel): Eventually, witnesses came and testified that Rav Idi was a relative. Since Reuven could not prove that he was a relative, Rav Chisda ruled that Rav Idi owns the tree.

1. Rav Idi: He must return the fruit he ate all this time!
2. Rav Chisda: You have no witnesses that he ate fruit, only his admission, and he says that it is his (and you cannot disprove this)!
3. (Abaye and Rava): Rav Idi is right - since Reuven admitted to eating the fruit, once we rule that Rav Idi owns the tree, Reuven must pay.

3) PARTIAL TESTIMONY OF CHAZAKAH

(a) Reuven and Shimon both claimed 'I inherited this land from my fathers'. Two witnesses testified that it belonged to Reuven's fathers, two testified that Shimon ate it the years of Chazakah.

1. Rav Chisda: Shimon is believed, Migo he could have said that he bought it from Reuven and ate the years of Chazakah.
2. Abaye and Rava: No - Migo is not believed against witnesses. (Rashbam - the witnesses said that Reuven's fathers never sold it to Shimon's fathers; Tosfos (31A) - saying 'the land was from my fathers' implies, it was always theirs.)

(b) Levi challenged Yehudah: You are on my land!
(c) Yehudah: I bought it from you and ate the years of Chazakah!

1. Yehudah brought witnesses that he ate the produce for two years.
2. Rav Nachman: He must return the land and two years worth of produce.

(d) Rav Zvid: If Yehudah had originally claimed that rented the land, he would be believed (he would not have to pay for the produce) - we learn from Rav Yehudah.

1. (Rav Yehudah): If Reuven held reaping tools and said 'I am going to reap Shimon's tree, I bought it from him', he is believed, for a person is not so brazen to reap another's produce.
2. Here also, Yehudah is not so brazen to eat another's produce.

(e) Question: If so, when he claims the land, we should believe him, he would not be so brazen to eat another's produce!
(f) Answer: If he bought the land, he should have a document.
(g) Question: Also if he rented the land, he should have a document!
(h) Answer: People do not write documents for produce.
(i) Yosef challenged David: You are on my land!
(j) David: I bought it from you and ate the years of Chazakah!
(k) David brought one witness who said that David ate the years of Chazakah.
(l) Rabanan: This is like R. Aba's law of the ingot!