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Amud 29bתוס' ד"ה ומודהומודה רב הונא בחנותא דמחוזא דביממא עבדי ובליליא לא עבדי – and רב הונא admits concerning the shops of מחוזא since they function by day and do not function at night. Summary: A חזקה in חנותא דמחוזא requires six daytime years, as opposed to a regular field, etc. which requires only three (daytime) years. תוס' ד"ה דלאדלא תחזקו אהדדי – That you should not establish rights of possession against each other. Summary: רש"י maintains that since there were no witnesses that the brothers were partners therefore either could have made a חזקה. The ר"י maintains that there were עדים, and nevertheless they did not want that either should possess the maid for three years, lest people forget that they were partners. תוס' ד"ה אבלאבל כתוב עיטרא קלא אית ליה – However if a contract of division of labor was written up, then it is publicized. Summary: An עיטרא, while able to publicize a partnership, is however not considered sufficiently reliable in the case of minor orphans. Therefore a relative is not permitted to administrate the properties of a minor orphan, lest he claim them as his own. תוס' ד"ה בשכוניבשכוני גוואי הואי – I was in the inner apartments. Summary: A right of way by the מערער through the property of the מחזיק is sufficient to invalidate the חזקה. However there must be at least reasonable doubt that the מערער had this right of way. |
