Gm Reveiw

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Date Submitted: 09/24/2012 05:50 PM

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Daf 38 A

We started with the mishnah

Therer are three regions of Israel the east west and the north each have different laws of chazakah.

In yehudah and than went to gallil you cant establish a chazakah because there is no traffic in between. You cant establish a chazakah because a machah cant be made

Rabbi yehudah says three years has nothing to do with machah its nonsense people watch there shtars the rabbis tried to establish the furthest distance a person would be living without watching there field. Ex.. a person living in aspania it takes a year to travel to him. It takes a year for the person to establish residency and a year to and from aspania for the owner to make a machah (protest).

Rashi says they are separate regiouns in israel if you live in yehudah and own property in the galil because your property is in galil and someone lives there for three years without the owner making a machah its not a true chazakah because there are no caravans that travel between the place so even if you make a protest in chevron its not good nobody in teveria is going to find out. You cant make a machah and the person doesn’t lose out by not making a machah the fact he did not make it does not make him lose out. So according to this rav yehudah hold machah shelo befanav lo havei machah.

The rashbam explains you have to be in the same region if ones in bet lechem and the chazakah is in Jerusalem since there is traffic and word of mouth it would be known if the owner finds out about someone living on his property he must make a machah.

Tanna kama as long as people are walking between cities you have to make a machah

The gemara rav yehuda says continues its rabbi yehudas intention to argue and say you cant have chazakah between regions but we say that’s not true its open as long

Really theres no reason for three years for a chazakah it should be immediate but they wanted to create a system that took into account the furthest point.