לרפואת פייגא בת יטא רבקה

🎓 Quiz

הלכות טוען ונטען פרק ט״ו · 5 Questions
Question 1
Reuven brings witnesses who say his father owned this field. Shimon brings witnesses who say Shimon's father owned it. Both claims are equally credible. What is the ruling?
When two equally matched ancestral-ownership claims produce a stalemate, the court divides the field equally between the two claimants.
Question 2
Reuven is in possession of a field. Shimon protests and brings witnesses that he owned it ancestrally. Reuven says he purchased it but has no deed. Is miggo helpful here?
Miggo applies: since Reuven could have simply denied knowledge of Shimon's ownership, we extend credibility to his purchase claim — unless Shimon has an even stronger counter.
Question 3
Two witnesses testify that Shimon owned a field; one says for 10 years, the other says for only 5 years. What is the consequence of this discrepancy?
Witnesses must agree on material facts. If the discrepancy about duration is significant to the chazakah calculation, it may render the testimony insufficient to defeat or establish possession claims.
Question 4
Reuven's path to his field has been absorbed by neighboring properties and he can no longer access it. What does the court do?
An owner does not lose their land simply because access is blocked. The court provides a right of way through neighboring property based on standard local path dimensions.
Question 5
Reuven took possession of a field thinking he was the heir. It turns out he was not the heir. Did his possession establish chazakah?
Chazakah requires that the possessor entered with a valid title claim. Taking possession under a mistaken belief of inheritance is not valid and cannot establish chazakah.

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