Bava Batra 54

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Mar 172017
 

The gemara continues to differentiate between different actions whether or not they can affect acquisition.  How is it done, how much is done, etc. all help to determine whether or not there was a chazaka.  Since laws regarding how one can acquire land are different in Torah law for Jews and non Jews, the can be a situation where a Jew buys land from a non-Jew by paying him (which affects acquisition for non-Jews but for Jews it doesn’t – until there is a document) and before the document is written or the Jew takes possession, one can come along and possess the land by a kinyan chazaka.  A question is asked – how can Shmuel who brought this halacha say this when he also holds dina d’malchuta dina – we must abide by the law of the land – which says that one can only acquire land with a document.

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