Commentary for Bava Batra 56:3
טעמא מאי דאמרינן דלמא כדקאמר השתא איהו לא טעין אנן ליטעון ליה
[that the law of <i>hazakah</i> is derived from the law of the ox], it would follow that three years' possession would confer a legal title even without a plea [of justification].<span class="x" onmousemove="('comment',' E.g., that the holder bought it from the claimant, but has lost the deed. V. infra 41a. ');"><sup>2</sup></span>
Rashi on Bava Batra
And (the gemara) answers: What is the reason? - We say three years takes it out from the Chazaka of the first master (owner), we say: perhaps like he (the possessor) said. (Example:) this one says "I acquired it from you" and this one says "you stole it from me", and we don't know with who is the truth. Comes (the) chazaka of three years and it establishes it in(as) his (the possessor) property, and we say perhaps it truly is like he (the possessor) said (that he acquired it). But without an argument (of the possessor, such as "I aquired it"): from where did he aquire so as to eat for three years? (we can can ask what right has he to be there).
Ask RabbiBookmarkShareCopy