Homer Simpson constantly borrows things from Ned Flanders. When doesn’t return the object, what is the presumption? Is the presumption that he has the right to continue to use that item or not? Today’s daf TB Baba Batra 6 discusses when the presumption for continual use (חֶזְקַת הִשְׁתַּמְשׁוּת) kicks in.

“With regard to the use of a neighbor’s wall, Rav Naḥman says: If one acquired the privilege to place thin beams on his neighbor’s wall, i.e., if one had used the wall in that manner in the past and the owner did not protest, so the one using it can maintain that he had acquired from the owner the right to do so, he has not acquired the privilege to place thick beams there. But if he acquired the privilege to place thick beams on the wall, he has acquired the privilege to place thin beams there. Rav Yosef says: If he acquired the privilege to place thin beams, he also has acquired the privilege to place thick beams. (The beams would span the space between the neighbors wall and his parallel wall. A roofing like palm branches could be placed over the beams to create a sukkah, a shady space during the summer, or even another room.-gg)

“There are those who say that Rav Naḥman says: If one acquired the privilege to place thin beams on his neighbor’s wall, he has acquired the privilege to place thick beams there; and if he acquired the privilege to place thick beams, he has acquired the privilege to place thin beams. This version of Rav Naḥman’s statement accords with the statement of Rav Yosef.” (Sefaria.org translation) The Gemara does not have to teach something so obvious. Of course, if the person is allowed to place heavy beams, he would be allowed to place light beams.  Rashba explains the novelty the Gemara is teaching. If the person is allowed to place two beams each weighing 50 pounds for a total of 100 pounds, he would be allowed to place four light beams of 25 pounds each for a total of 100 pounds. As long as he does not exceed the total weight, he can place as many light beams as he wishes.

In our studies, we have already come across the presumption of land ownership (חֶזְקַת  קַרְקָעוֹת). A person was only expected the keep a deed for only three years. The presumption of land ownership requires the fulfillment of two things. First of all, a person has to live on the land for three years and during that time the original owner doesn’t say anything about him living there. Secondly, the new owner has to have a claim like “I bought the land from him.”

When it comes to the presumption for continual use (חֶזְקַת הִשְׁתַּמְשׁוּת), the Rishonim disagree what are the requirements for this presumption.

Rabbeinu Yonah takes the most extreme position by saying that the presumption for continual use is exactly like the presumption of land ownership. The person has to use the object for three years without the owner saying anything and he has to make the claim that he bought the right to use it.

Tosefot on daf TB Baba Batra 23a rules that the person has to use the object for three years, but doesn’t have to make any claims.

Both Rashbam and Ramban rules that the person does not need three years nor make a claim at all.

Yad Ramah decides that the person doesn’t need three years, but he has to use the object for at least 30 days without the original owner saying anything.