Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Inheritance,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

In this shiur we will attempt to analyze the great controversy between the Rosh & Rabeinu Yona as to what comes first, the Mecha'ah or the Chazaka? The Rosh assumes that Mecha'ah is an outcry of protest against one who is usurping the Moche's rights. Hence, if the "Machzik" is legitimately benefitting from the Moche's property, Mecha'ah is meaningless and therefore there can be no Chazaka. Rabenu Yona maintains that there is a concept of "ma'aseh chazaka" that applies whenever the very same action can develop - if left alone - into a Chazaka. This ma'aseh chazaka generates a "chiyuv mecha'ah" even though the Machzik is benefiting legally from the property of the Moche. We will develop this further in this shiur.