A sharecropper farms a field for five years. Can he claim chazakah?
Sharecroppers are on the land by the owner's consent and commission. Their possession is never independent and never establishes chazakah regardless of duration.
Question 2
A son lives in his father's house and farms the adjoining field with him for many years. The father dies. Can the son claim chazakah?
A child in a parent's household is excluded from establishing chazakah because their presence is consensual, not independently hostile. This exclusion applies even after the parent dies.
Question 3
Why can't a robber establish chazakah through years of possession?
Chazakah requires undisturbed possession with the owner's implicit acceptance. A robbery always implies protest — the owner's silence after a robbery is not voluntary acceptance.
Question 4
A woman who lived in her husband's property for years is divorced. How long must she wait to establish chazakah over the property?
Once divorced, she becomes like a stranger. Her years of living there during marriage were consensual and do not count. She must now establish three new years of independent possession.
Question 5
A guardian manages an orphan's estate for eight years. After the orphan comes of age, can the guardian claim chazakah?
Guardians hold property in trust for another — their possession is explicitly authorized and fiduciary. No amount of time as a guardian can establish independent chazakah.