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Reuven has written testimony that he has the chazaka on a certain store. Some time later, Shimon took action on behalf of a set of orphans, who had documentation that they had the chazaka based on their father’s chazaka 30 years previously and had Reuven evicted from the store. Reuven claims that since 10 years passed in which the orphans’ family did not occupy the store, they lost their chazaka.
There are guidelines regarding one who has abandoned his chazaka agreed upon by all the rabbis of Salonika of previous generations and signed in the Salonika Book of Takanot by Rabbi Yosef Ibn Lev and his colleagues. [The Mahari Ibn Lev was a dayan in Salonika, then part of Turkey, before moving to Istanbul]. The cutoff of ten years is for one who has witnesses that he left his chazaka under difficult circumstances (e.g., some form of improper coercion). Under those circumstances, he loses the chazaka only if the store was totally unoccupied during that time. The time is significantly shorter if one does not have proof that he was forced out, and it is possible that he decided himself to leave or was unable to pay the rent. If he is present in the city, he loses the chazaka after three months. If he is out of the country, he loses it after three years. During that time, he can either prove that he was improperly removed or announce publicly that he did not relinquish his chazaka.
These guidelines follow the general lines of halacha. It is proper to give the original possessor of the rights the benefit of the doubt even though it was in a non-Jew’s hands for years because the logic and rules of chazaka do not apply when a non-Jew is squatting (Bava Batra 35b – the original Jewish owners are often intimidated into not protesting against non-Jews). However, in a case where the machzik has no claims of ownership but of the right to continue renting the store, the chazaka cannot continue indefinitely without his presence.
If the orphans’ father, who had the chazaka at some point, were alive, he would have to bring proof that he was improperly forced out of the store, which the orphans have not been able to find. Sometimes, we make claims on behalf of orphans because they are not aware of their father’s affairs (see Bava Batra 52a). However, that is only in situations where there are indications that they have rights and are missing the knowledge to make claims. However, in this case, we have no indication that the father was forced out, and he would not be believed to make that claim without proof. While there are cases where we credit orphans with claims the father would not have been believed with, that is only to not keep things from being taken from them, not to extract property from others.
P'ninat Mishpat (829)
Various Rabbis
283 - Responsibility for Collateral
284 - The Right to Rent in 16th Century Turkey
285 - A Donation That “Destroys” a Shul
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
