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1) CHAZAKAH ON LAND UNDER A TREE

(a) (Chachamim of Neharde'a): If Reuven bought Shimon's date tree, he acquires with it the ground underneath, all the way down. (Rashbam - if the tree dies, Reuven can plant another; Tosfos - Shimon cannot dig there.)
(b) Question (Rava): Shimon can say, I sold you (as people sell) Krug (saffron?) (i.e. until it dies)!
(c) (Rava): Rather, one who was Machzik three years in a tree is believed to say that he bought the ground underneath, all the way down.
(d) Question (Mar Kashisha brei d'Rav Chisda): If Shimon did not sell the ground underneath, all the way down, how can he stop Reuven from claiming this?
(e) Answer (Rav Ashi): He should have made a Macha'ah (told people that Reuven only bought the tree; if Reuven truly bought the ground underneath, he would know to continue to guard his document).
(f) Support: If we would not say thusly, why did Chachamim sanction Mashkanta of Sura?

1. (The lender deducts a fixed amount from the loan for each year that he eats the produce;) they write, 'At the end of these (allotted) years, the land reverts to Ploni (the borrower) for free.'
2. If the lender will hide the document after three years, he will be believed to say that he bought it - Chachamim would not sanction the Mashkanta if it can lead to theft!
3. We must say that the borrower must make a Macha'ah. (If he does not, he caused his own loss.)
4. Also here, Shimon should make a Macha'ah.

(a) (Mishnah): There are three regions regarding Chazakah: Yehudah, Ever ha'Yarden and Galil:

1. If the original owner (Reuven) was in a different region than the Machzik (Shimon), the Chazakah is invalid; in the same region, it is valid.

(b) R. Yehudah says it is valid, the reason we require three years for Chazakah is in order that Reuven will have time to protest, even if he is overseas!

1. After Shimon uses the land for one year, people start talking about this; it will take one year for word to reach Reuven, and another year for Reuven to come and protest.

(c) (Gemara) Question: What is Chachamim's opinion about Macha'ah?

1. If they hold that a Macha'ah not in front of the original owner is valid, Chazakah in a different region than the original owner should be valid!
2. If they hold that a Macha'ah not in front of the original owner is invalid, Chazakah in the same region (if not in front of the original owner) should be invalid!

(d) Answer (R. Aba bar Mamal): Really, he holds that a Macha'ah not in front of the original owner is valid;

1. Our Mishnah is at a time when there is antagonism between the regions (so caravans do not pass between them, word does not spread from one region to another);
2. The Tana illustrated this with Yehudah and Galil to teach that they are considered to have antagonism with each other even in peacetime.

(e) Version #1 - (Rav Yehudah citing Rav): One may not Machzik in property of a person who fled.
(f) (Shmuel): One may, for a Macha'ah not in front of the Machzik is valid! (The original owner can protest, just as if he was here.)
(g) Question: What did Rav come to teach?

1. Suggestion: A Macha'ah not in front of the Machzik is invalid.
2. Rejection: Rav holds that such a Macha'ah is valid!

(h) Answer: Rav explains Chachamim of our Mishnah, but he disagrees.
(i) Version #2 - (Rav Yehudah citing Rav): One may Machzik in property of a person who fled.
(j) Objection (Shmuel): This is obvious, for a Macha'ah not in front of the Machzik is valid!
(k) Question: Seemingly, Rav came to teach that a Macha'ah not in front of the Machzik is invalid - he already taught this, why must he teach it again?!
(l) Answer: Rav teaches that a Macha'ah is valid even if the two people who hear it cannot tell the Machzik.

1. (Rav Anan citing Shmuel): A Macha'ah is valid only if the two people who hear it can tell the Machzik.
2. Rav disagrees - the people who heard it can tell their friends, those friends can tell their friends...(and the Machzik will hear). (End of Version #2)

(m) (Rava): One may not Machzik in property of a person who fled; a Macha'ah not in front of the Machzik is valid.
(n) Objection: These two laws contradict each other!
(o) Answer: Rava only invalidates Chazakah in property of a person who fled for his life (for he cannot protest, lest the authorities here where he is);

1. If he fled for monetary reasons (e.g. from a creditor), one may Machzik in his property.