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[The rabbi who asked the question wanted to prove from the gemara’s discussion regarding chezkat habatim (the assumed ownership of one who has occupied a property for three years) that unspoken mechila is valid. Rava explains (Bava Batra 29a) that up to but not including three years, we may assume that the owner was mochel use of his field and eating of its produce. The gemara asks that this assumption is contradicted by the halacha that if the owner protests within three years, he receives back the produce that was harvested. While the gemara rejects the involvement of mechila in chezkat habatim, it seems to accept the possibility that mechila could have been effective, even though there was no spoken mechila. (A technical analysis of the sugya in Bava Batra ensues.)]
In any case, it is clear from several sugyot that unspoken mechila is effective [and we will mention a few.] If one blocks the light entering someone’s house and he does not protest, we assume he was mochel, even without a claim that there had been an agreement on the matter (Bava Batra 60a). If one could have made claims of mispricing and a certain amount of time went by during which he did not protest, he is assumed to have been mochel (Bava Metzia 49b). If a widow did not ask for payment of her ketuba over 25 years but received support, she is assumed to have been mochelet the ketuba.
It is worthwhile to investigate whether in a case where one cannot assume mechila but the recipient of the obligation knows he had intention to be mochel, the thought of mechila is effective and morally prevents him from demanding payment. The broad rule that matters of the heart are not significant (Kiddushin 49b) seems to indicate that such thought is not relevant. For example, if one stipulated that his kiddushin is conditional on some factor for his wife’s benefit and the conditions were not fulfilled, the kiddushin is not valid even if she knows that she personally was mochelet the conditions. Similarly one who sold property upon preparing to move to Eretz Yisrael and then ended up not going, who may back out of the sale, may do so even if he did not originally intend to back out. [The Maharit brings several other examples.]
The rule is as follows. When the mechila is something that the average person would be able to assume with confidence, then the mechila is as if it was verbalized even if it was not. Regarding the original example of chezkat habatim, originally the gemara assumed that the reason that the owner did not say anything was mechila, but the gemara eventually says that it is entirely possible that he figured he could leave the person to work and harvest the field and later demand back the produce. Once that is how a beit din would analyze matters, then even if the owner admits that he was mochel the produce, he can demand it back later anyway.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
