Two types of khazakah TB Kidushin 26

The first chapter of massekhet so far has been dealing with different types of acquisition. Although the same Hebrew word kinyan (קִניָן) has been used, its meaning is nuanced by the context. The chapter began with the acquisition of a woman for the purpose of marriage. Time and time again the Gemara emphasized that the husband does not own the wife. Then we turned our attention to the acquisition of an eved evri. Even though the Hebrew word eved is usually translated as slave, in this context the eved evri is an indentured servant and not chattel. The master does not own him; consequently, the eved evri is emancipated after six years or upon the master’s death and not passed down as inheritance. The next topic was the acquisition of a Canaanite slave who is chattel and is passed down as inheritance to the next generation. Yesterday’s daf introduced the discussion how large or small animals are acquired.

Today’s daf TB Kidushin 26 discusses how in inanimate objects like land and movable objects are acquired. The Mishna states “Property that serves as a guarantee, i.e., land or other items that are fixed in the earth, can be acquired by means of giving money, by means of giving a document, or by means of taking possession of it. Property that does not serve as a guarantee, i.e., movable property, can be acquired only by pulling. Property that does not serve as a guarantee can be acquired along with property that serves as a guarantee by means of giving money, by means of giving a document, or by means of taking possession of them. The movable property is transferred to the buyer’s possession when it is purchased together with the land, by means of an act of acquisition performed on the land.” (Sefaria.org translation)

The Hebrew word for taking possession is  khazakah (חֲזָקָה). There are two types of khazakot (plural of khazakah). Our Mishna is describing a single proprietary act to show ownership. This act can transpire in one second. Massekhet Baba Batra describes the case of khazakah when a person squats on the land for three years and nobody protests his living and or working the land. The khazakah is the presumption that the land is his. Unlike in our mishna, a minimum of three years needs to elapse before the presumption is accepted.