Chazakah
Encyclopedia
The Hebrew noun khazakah, (חזקה) is a Talmud
ic concept, derived from the Hebrew word חזקה, which can be translated as "strength".
The conceptional terminology is "default status", "agreed properties" or Status quo
of an object, land or person − usually when sufficient proof is missing or unavailable. The concept is relevant to many aspects of Talmudic law and Halakha
.
There are various ways how something can get the certain state of Chazakah:
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ic concept, derived from the Hebrew word חזקה, which can be translated as "strength".
The conceptional terminology is "default status", "agreed properties" or Status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
of an object, land or person − usually when sufficient proof is missing or unavailable. The concept is relevant to many aspects of Talmudic law and Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
.
There are various ways how something can get the certain state of Chazakah:
- The previous known state, which may include but is not restricted to:
- In a disputed ownership of articles, they would be left in the hands which holds them.
- By disputed ownership of land, it would be left in the hands of the last certain owner . The one who argues that he bought off that piece of land, must approve it, unless he is already in for three years when the "Chazakah" changes to his side (see next paragraph).
- In Kashruth, every article is in its previous state , before proven different.
- The automatic acquisition of ownership following three years of undisturbed possession (ancestor of usucapionUsucaptionUsucaption , is a concept found in civil law systems and has its origin in the Roman law of property....
in Roman lawRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
). - Rules which are based on common belief, since it is true in most cases (RovRovRov is a Talmudic concept which means the majority.It is based on the passage in Exodus 23;2: "after the majority to wrest" , which in Rabbinic interpretation means, that you shall accept things as the majority....
). A common example is the belief that most people wouldn't pay their loans until it is due, so one cannot argue before that he already paid without further proof. - A real-estate transfer could be achieved by "Chazakah", which in this form means that the new owner shows ownership, by doing some kind of construction on the property.