In this shiur we will attempt to analyze the great controversy between the Rosh & Rabeinu Yona as to what comes first, the Mecha'ah or the Chazaka? The Rosh assumes that Mecha'ah is an outcry of protest against one who is usurping the Moche's rights. Hence, if the "Machzik" is legitimately benefitting from the Moche's property, Mecha'ah is meaningless and therefore there can be no Chazaka. Rabenu Yona maintains that there is a concept of "ma'aseh chazaka" that applies whenever the very same action can develop - if left alone - into a Chazaka. This ma'aseh chazaka generates a "chiyuv mecha'ah" even though the Machzik is benefiting legally from the property of the Moche. We will develop this further in this shiur.
To contact us with any comments, suggestions or requests, please click here
YUTorah ® Online is made possible by the generosity of Marcos and Adina Katz and is coordinated by Yeshiva University's Center for the Jewish Future . It offers more than 240,000 shiurim via webcast in audio, video and text formats by our Roshei Yeshiva and other YU luminaries. The opinions and views expressed are solely those of the author or lecturer and should not be attributed to Yeshiva University.
0 comments Leave a Comment