Daily Rambam 1 Chapter Thursday 8th Mar Cheshvan: Hilchot To’en veNit’an– Chapter 13: Cases Where Possession Does Not Establish Ownership

Hilchot To’en veNit’an– Chapter 13: Cases Where Possession Does Not Establish Ownership

Overview

This chapter explains when eating produce for three years does not create a presumption of ownership (חֲזָקָה). It lists categories of people whose possession is not considered proof, due to trust, status, or power, and notes exceptions.

Halacha Summaries with Headings

Halacha 1 – Trusted Relationships

People such as artisans, sharecroppers, guardians, partners, spouses, and family members cannot establish ownership through use, because silence is expected in these relationships. Land returns to the original owner upon oath.

Halacha 2 – Powerful or Incapable Individuals

Exilarchs, robbers, idolaters, and those lacking legal capacity (deaf, insane, minors) cannot gain ownership by possession. Their use is not proof.

Halacha 3 – Example Case of Dispute

If Reuven claims purchase after two years but Shimon proves Reuven was his partner or guardian, the land returns to Shimon. If Reuven admits partnership but claims later purchase, he is believed after two years.

Halacha 4 – Artisans

Artisans working on land for years have no presumption.
Exception: If they ceased work and then ate for three years, presumption applies.

Halacha 5 – Sharecroppers (Arisin)

If someone was a sharecropper for the owner’s father or family, their use of the land does not create ownership because the owners do not protest family arrangements.

Exception: First-time sharecropper who eats for three years gains presumption.
Special case: Subcontracting others implies ownership unless proven otherwise.

Halacha 6 – Family Sharecroppers

Primary Rule: A sharecropper who is part of a family tradition (working ancestral fields) does not establish ownership through possession, because the owner is unlikely to protest.

Exception 1: If the sharecropper was appointed for the first time and ate the produce for three consecutive years, this creates a presumption of ownership.

Exception 2: A sharecropper who brings in other sharecroppers under his authority gains presumption, since owners would normally protest unauthorized arrangements.

Exception 3: If the sharecropper divided the land among existing sharecroppers, he does not gain presumption, as he may have been acting as an overseer.

Additional Case: A sharecropper who ceased his role and then ate the land for three years after leaving that position does establish presumption.

Halacha 7 – Guardians (Apotropos)

If someone served as a guardian (אפוטרופוס) over a field or other assets—whether appointed by a court, by the father of orphans, or by an individual for managing expenses and income—their use of the property does not create ownership.

Reason: They act with permission, so their possession is not considered proof.

Exception: If they ceased and then ate for three years, presumption applies.

Halacha 8 Partners

If land cannot be divided, no presumption even if one eats all.

Exception: If divisible and one eats all for three years, presumption applies.

Spouses: Husband eating wife’s property or wife using husband’s property does not create presumption, even with agreements limiting rights.

Parent and Child: Eating property while dependent does not create presumption.
Exception:

Halacha 9 – Divorce or separation

If child separates or wife divorces (even doubtful divorce), they are like any other person.

Halacha 10 – Exilarchs

Exilarchs’ power prevents protest; no presumption even after years. Owners swear they did not sell or gift.

Halacha 11 – Robbers

Known robbers or killers for money cannot gain presumption; land returns to owner.

Takeaway Table