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Chazakah
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Chazakah
A chazakah (Hebrew: חֲזָקָה, romanized: ḥəzāqā, lit. 'presumption') is a legal presumption in halakha (Jewish law); it establishes burden of proof. There exist many such presumptions, for example, regarding the ownership of property, a person's status (e.g. whether they are a kohen or Levite), and presumptions about human behavior.
The Hebrew word חזקה is a noun form of the verb חזק, meaning (in this context) "take possession".
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 obtain the state of chazakah:
The various kinds of presumptions found scattered throughout the Talmud may be divided as follows: (1) presumptions of physical conditions (chazakah di-gufa); (2) presumptions arising from the fact of possession (chazakah di-mamona); (3) presumptions arising from the nature of humanity or certain actions and circumstances (chazakah mi-koach sebara).
A presumption was often established through the repetition of an incident several times. The most notable instance of this kind is that of the Goring Ox, which was regarded as a vicious animal (mu'ad) after it had committed the offense three times, according to Bava Kamma 23b. It was not permitted to marry a woman who had been twice divorced on account of barrenness, for she was presumed to be a barren woman according to Yevamot 64a, nor a woman whose two husbands died a natural death, for she was presumed to be a murderous woman (isha katlanit) according to Niddah 64a. Parents, two of whose children died at circumcision, need not circumcise their other children, for the presumption was established that their children could not stand the pain of circumcision according to Eruvin 97a. Simeon ben Gamaliel II opines that presumption may be established only after an incident has occurred three times in Yevamot 64b.
No definite rule was laid down by the Jewish sages for guidance in cases where presumptions collide, where each party has some presumption in his favor. For example, A bought an object from B but had not paid the money; A desired to return it to B because he had found a defect that he claimed was in it before it was delivered to him. A had the presumption of possession (of the money), B the presumption that the defect was created while the object was in A's possession on whose premises it was found: the decision was in favor of B.
Even capital punishment could be inflicted based on a chazakah. Man and wife and children living together and treating one another as such are legally considered as one family, and illicit relationships between them would be punished with death on the strength of the presumption, even though the kinship could not be proved by legal evidence.
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Chazakah
A chazakah (Hebrew: חֲזָקָה, romanized: ḥəzāqā, lit. 'presumption') is a legal presumption in halakha (Jewish law); it establishes burden of proof. There exist many such presumptions, for example, regarding the ownership of property, a person's status (e.g. whether they are a kohen or Levite), and presumptions about human behavior.
The Hebrew word חזקה is a noun form of the verb חזק, meaning (in this context) "take possession".
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 obtain the state of chazakah:
The various kinds of presumptions found scattered throughout the Talmud may be divided as follows: (1) presumptions of physical conditions (chazakah di-gufa); (2) presumptions arising from the fact of possession (chazakah di-mamona); (3) presumptions arising from the nature of humanity or certain actions and circumstances (chazakah mi-koach sebara).
A presumption was often established through the repetition of an incident several times. The most notable instance of this kind is that of the Goring Ox, which was regarded as a vicious animal (mu'ad) after it had committed the offense three times, according to Bava Kamma 23b. It was not permitted to marry a woman who had been twice divorced on account of barrenness, for she was presumed to be a barren woman according to Yevamot 64a, nor a woman whose two husbands died a natural death, for she was presumed to be a murderous woman (isha katlanit) according to Niddah 64a. Parents, two of whose children died at circumcision, need not circumcise their other children, for the presumption was established that their children could not stand the pain of circumcision according to Eruvin 97a. Simeon ben Gamaliel II opines that presumption may be established only after an incident has occurred three times in Yevamot 64b.
No definite rule was laid down by the Jewish sages for guidance in cases where presumptions collide, where each party has some presumption in his favor. For example, A bought an object from B but had not paid the money; A desired to return it to B because he had found a defect that he claimed was in it before it was delivered to him. A had the presumption of possession (of the money), B the presumption that the defect was created while the object was in A's possession on whose premises it was found: the decision was in favor of B.
Even capital punishment could be inflicted based on a chazakah. Man and wife and children living together and treating one another as such are legally considered as one family, and illicit relationships between them would be punished with death on the strength of the presumption, even though the kinship could not be proved by legal evidence.