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1) EXAMPLES OF CHAZAKAH

(a) (R. Yirmeyah Bira'ah): If one seeds a turnip in the cracks of Hefker property, this is not a Chazakah.
(b) Question: Why not?
(c) Answer: When he seeded it, he did not improve the land;
the improvement (the turnip sprouts) happens by itself.
(d) (Shmuel): If one prunes a date tree so it will grow better, he acquires it;

1. If he pruned it to feed to his animals (even though he intended to acquire it), this is not a Chazakah (because he did not intend to improve the tree).

(e) Question: How do we know whether or not he intended to improve the tree?
(f) Answer: If he took branches from all sides of the tree, he intended to improve the tree; if he took branches from only one side, he did so for his animals.
(g) (Shmuel): If one takes pieces of wood and grass from a field so it will be easier to plow, he acquires it;

1. If he took them for burning, he does not acquire (this is like eating produce, which is not a Chazakah).

(h) Question: How do we know what his intention was?
(i) Answer: If he took big and small pieces, he intended to improve the field; if he took only big pieces, he did so for fuel.
(j) (Shmuel): If one leveled a field so it will be easier to plow, he acquires it;

1. If he did so to prepare the area to thresh grain, he does not acquire (a granary is detrimental to the field in the long term).

(k) Question: How do we know what his intention was?
(l) Answer: If he put the dirt of the mounds into the ditches, he intended to improve the field; if he merely flattened them a bit (to reduce the slope), he did so for threshing.
(m) (Shmuel): If one made an opening so that water (from the river) will enter a field to irrigate it, he acquires it;

1. If he did so for fishing, he does not acquire.

(n) Question: How do we know what his intention was?
(o) Answer: If he made one opening for water to enter from the river and another for water to leave, he did so for fishing;

1. If he only made an opening for water to enter, it was for irrigation.

(p) A woman was pruning a date tree for 13 years, from one side. A man came and dug under it a bit; Levi ruled that he gets it. The woman was protesting.

1. Levi: You did not make Chazakah as people normally do!

(q) (Rav): If one draws a picture (of an animal or bird) on the wall of a Hefker house, he acquires it.

1. This was inferred from a case that occurred: a convert who owned a garden near Rav's Beis Medrash died. Rav acquired it by drawing a picture.

(a) (Rav Huna citing Rav): If one digs any amount in a field surrounded by fences, he acquires the entire field.
(b) (Shmuel): He only acquires where he dug.

(c) Version #1 - Rashbam - Question: If the field is not surrounded by fences, how much must he dig (according to Rav Huna) to acquire the entire field?
(d) Version #2 - Tosfos - Question: If the field is not surrounded by fences, how much does he acquire through one insertion of the shovel (according to Rav Huna)? (End of Version #2)
(e) Answer (Rav Papa): Two furrows along the length of the entire field.

(a) (Rav Yehudah citing Shmuel): A Nochri's property (after he sold it to a Yisrael) is like Hefker: whoever makes a Chazakah in it acquires it.
(b) Question: What is the reason?
(c) Answer: Once a Nochri receives the money, he relinquishes his ownership of the property; the Yisrael does not acquire until he gets a document.
(d) Question (Abaye): Shmuel could not have said that, Shmuel holds that the law of the kingdom is binding, and the king says that one needs a document to acquire (Chazakah is not enough)!
(e) (Rav Yosef): There was a case, Reuven bought land from a Nochri, and Shimon dug a little in it; Rav Yehudah ruled that Shimon keeps it.
(f) Rejection (Abaye): That case is different, the Nochri himself did not pay the land tax; the king's law is that whoever pays the tax gets the produce.
(g) Rav Huna bought land from a Nochri, and Levi dug a little in it; Rav Nachman ruled that Levi keeps it.
(h) Rav Huna: You rule like Shmuel, 'A Nochri's property is like Hefker, whoever makes a Chazakah in it acquires it';

1. You should also rule like Shmuel's other law, he only acquires where he dug!

(i) Rav Nachman: Regarding that law, I rule as you yourself said in Rav's name: If one digs any amount, he acquires the entire field.