חזקת קרקעות א

Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:69. Translated from the Hebrew. Presumptive ownership of lands [is established after] three years — according to what Rabbainu, nero ya'ir, wrote in Siman 69, and as is brought above many times: that the root of the nefesh is in wealth, and the main element of wealth is the lands. For all kinds of wealth — and even silver and gold — everything comes out of the earth. And the earth is the root of all the nefashos, as it is written: "Totzai ha'aretz nefesh chayah" ["Let the earth bring forth a living soul"] (B'raishis 1:24). It emerges that when one acquires land, vitality and nefesh are added to him. And this is what Chazal said (Y'vamos 63a): "Whoever does not have land is not a person [adam]." For the definition of the person is "m'dabeir" [one who speaks] — meaning that he has the power of speech, and in this he is distinguished from the animal and is called "adam." And the speech is the nefesh, as Rabbainu, nero ya'ir, wrote — as it is written: "Vayhi ha'adam l'nefesh chayah" ["And the person became a living soul"] (B'raishis 2:7), and its translation [in Targum Onkelos] is: "l'ruach m'malela" ["a speaking spirit"]. And the root of the nefesh is in wealth, as above. It emerges that the main power of speech — through which one is called "adam" — is through wealth. And this is the aspect of: "V'he'ashir ya'aneh azzos" ["And the rich man answers with boldness"] (Koheles; see Mishlai 18:23). For boldness and the strength of speech is through wealth, as above. And this is the aspect of: "Shim'u ki n'gidim adabeir" ["Hear, for I will speak of princely things"] (Mishlai 8:6) — that through prominence and wealth, through this is the speech, as above. And the root of the wealth and the nefesh — everything was from the earth, as above, in the aspect of "totzai ha'aretz nefesh chayah," which is the aspect of speech, the aspect of "vayhi adam l'nefesh chayah," as above. And therefore whoever does not have land is not a person — for the main definition of the person, that he is a speaker, is through the land, as above. And therefore land does not have a chazakah [presumptive ownership] until three years. For this is known: when new vitality and a new nefesh is born and renewed for a person, then the k'lipah always precedes the fruit. And the k'lipah covers over the fruit and prosecutes and does not allow [the person] to receive the fruit, until it is broken. And this is the aspect of the first three years, in which the challenger has the power to challenge. And they are in the aspect of the three years of orlah [the prohibition against eating the fruit of a new tree for its first three years], for then the k'lipah has power. And therefore they are three years — corresponding to the three k'lipos that are completely impure. And one needs to wait these three years, and afterward the fruit is revealed and one can eat it. And likewise regarding the matter of chezkas karka'os: in the first three years they have the power to challenge. For all the challenges and the denials are from the three aforementioned k'lipos, which are completely impure. For falsehood is the evil and the impurity completely, as is brought in the words of Rabbainu, nero ya'ir (Siman 51). And therefore in these three years there is the power to challenge, as above. But afterward they no longer have the power, and then the truth is revealed and established. And then the land is in his possession, since three years have already passed — which are the aspect of the three years of orlah, as above. And also because of this they are three years — corresponding to the aspect of truth [emes], which comprises three, as is known. For emes is the aspect of Yaakov, who comprises all three Avos. And therefore one needs to maintain possession for three years. For when three years pass without challenge, then the evil and the falsehood are subdued, as above, and the truth is established — which comprises three, as above. And then after three years the land is in his possession, for the three years have already passed, in which is the nourishment of falsehood, as above. And then the truth is revealed and established, as above. And this is what Chazal said: "Ad t'las sh'nin inish mizdaheir bisht'raih; t'fai la mizdaheir" ["For three years a person is careful with his deed; beyond that he is not careful"] (Bava Basra 29a). For until three years he is certainly obligated to be careful with his deed, so that the challenger cannot challenge. For in the first three years falsehood has power, as above. And therefore he needs to be careful with his deed. For the deed [shtar] is also in this aspect — for the deed is a writing of truth, that was written for truth and for evidence. And it is in the aspect of Torah SheBichsav [the Written Torah], which is the aspect of "kasuv yosher divray emes" ["written in uprightness, words of truth"] (Koheles 12:10) — the aspect of "Toras emes" ["Torah of truth"], the aspect of Yaakov, who is the aspect of emes, as is brought — that Yaakov is the aspect of Torah SheBichsav. And therefore the writing stands for truth and for evidence. For the writing is the aspect of Torah SheBichsav, which is the aspect of emes, which subdues and nullifies falsehood. And therefore until three years, when falsehood has a hold, one is obligated to be careful with one's deed — through which one subdues and nullifies them. But beyond that he is not careful — for when the first three years pass without challenge, [falsehood] has already been subdued and nullified, and afterward it no longer has a hold. And therefore one does not need to be careful with one's deed anymore, as above. For the writing is also against the three aforementioned k'lipos, which are the aspect of the three years of orlah, as above. For the writing is the aspect of Torah SheBichsav, which is in all aspects threefold, as Chazal said (Shabbos 88a): "Blessed is the Merciful One Who gave us a threefold Torah on the third day," etc. For the Torah is the aspect of emes that comprises three — to subdue and to nullify falsehood, which is the aspect of the three years of orlah, the three k'lipos, as above. And therefore in the first three years — which are the aspect of the three years of orlah, the aspect of the k'lipah that precedes the fruit — one is obligated to be careful with one's deed, through which one subdues and nullifies them. But beyond that he is not careful — for when the first three years pass without challenge, [falsehood] has already been subdued and nullified, and afterward it has no hold. And therefore one does not need to be careful with one's deed anymore, as above. Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:7 ("V'Aileh HaMishpatim"). Translated from the Hebrew. The matter of three years of chazakah in lands — "until three years a person is careful with his deed," etc. — and the main chazakah is specifically through eating the fruits of the land for three years. According to the discourse "V'Aileh HaMishpatim" which speaks about emunah, in Siman 7; see there the entire discourse. For emunah is the aspect of Eretz Yisroel, t'filah. And through emunah the g'ulah will come, etc. And it is impossible to merit emunah except through emes [truth]. And to merit emes is through the eitzos [counsels] that one receives from the tzaddik. For "the kidneys counsel," etc. And through them one receives from the tzaddik the aspect of "kulah zera emes" ["entirely a seed of truth"]. And through this one comes to emunah. And through this the g'ulah will come. And this is the aspect of: "V'Anochi n'ta'tich sorek kulah zera emes," etc. ["And I planted you a noble vine, entirely a seed of truth"] (Yirmiyahu 2:21). And the drops of intellect that one receives from the tzaddik through the eitzos — they are divided into three drops; see all of this there well. And behold, all the lands are the aspect of emunah, the aspect of "sh'chan eretz ur'eh emunah" ["Dwell in the land and tend emunah"] (T'hilim 37:3). For all the lands drink from the essence of Eretz Yisroel, and Eretz Yisroel is the aspect of emunah, as above. And especially the land that is in the possession of a member of Yisroel — which is in the aspect of Eretz Yisroel. For in every place where Yisroel dwell, it is somewhat in the aspect of Eretz Yisroel, as is brought elsewhere. And therefore the land that is in the possession of Yisroel, even in chutz la'aretz, is in the aspect of Eretz Yisroel — the aspect of emunah, as above. And therefore the main acquisition of the land and its chazakah is through a shtar [deed] specifically. For the shtar is the aspect of emes — the aspect of "kulah zera emes" mentioned above, which is drawn through the aspect of "the kidneys counsel." Through which one merits emunah. For the main element of the shtar is through the two witnesses who are signed upon it. And the two witnesses are the aspect of "t'rain samchei k'shot" ["two supports of truth"], as is understood in the Tikkunim — in the aspect of "al pi sh'nai aidim yakum davar" ["by the testimony of two witnesses a matter shall stand"] (D'varim 19:15). "Yakum davar" specifically — for they support and establish the matter. For they are the aspect of "samchei k'shot." And this is what Chazal said: "There is no testimony except in a standing position." And the "t'rain samchei k'shot" — this is the aspect of "the kidneys counsel," for they are one aspect, as is known. And the shtar is the aspect of emes. For the shtar stands for truth and for evidence. For the letters of the writing of the shtar of Yisroel that stands for truth and for evidence — they are in the aspect of "kulah zera emes" that is drawn from the tzaddik. For the aspect of "kulah zera emes" is the aspect of the twenty-two letters, as is known. But the main establishment of the shtar is only through its signatories, as Chazal said — who are the two witnesses, who are the aspect of "samchei k'shot," the aspect of the aforementioned "kidneys." For through them specifically one can receive the aspect of "kulah zera emes," which is the aspect of the twenty-two letters — which are the aspect of the letters of the writing of the shtar. And therefore through them specifically is the main establishment of the shtar, as above. And this is the aspect of: "V'chasuv yosher divray emes" ["And that which was written in uprightness, words of truth"] (Koheles 12:10). For the shtar of Yisroel is the aspect of "a writing of uprightness, words of truth" — meaning the aspect of "kulah zera emes" mentioned above, which is drawn through the aspect of the kidneys, which are the aspect of the two witnesses, as above. And through the writing of the shtar — which is the aspect of emes, as above — through it specifically one acquires the land and maintains possession of it. For the land is the aspect of emunah, and it is impossible to merit emunah except through emes, as above. For the writing of the shtar of Yisroel is in the aspect of Torah SheBichsav [the Written Torah], which is the aspect of Toras Emes [Torah of Truth]. For there are many dinim of the Torah in the shtar, and many dinim are learned from the language of the shtar. And therefore the shtar is called a "sefer," as it is written (Yirmiyahu 32:10): "V'chasuv basefer v'chasom" ["And write it in a document and seal it"]. And its main element stands for truth and for evidence. And therefore it is in the aspect of Toras Emes, which is the aspect of Torah SheBichsav, as is known. And therefore the land — which is the aspect of emunah, the aspect of Torah SheBa'al Peh [the Oral Torah] — its main acquisition and its chazakah is through the shtar. For Torah SheBichsav illuminates Torah SheBa'al Peh. For all the movable goods in the world — all of them are the aspect of sparks of n'shamos that emerge from emunah. For emunah is the source of all the n'shamos. And all the commerce in the world — what one buys and sells to his fellow — everything is for the sake of the birur [clarification/refinement] of the sparks mentioned above. And the main birur is through emunah. For emunah refines the birurim, as is brought elsewhere. And therefore in the acquisition of movable goods one does not need a writing for evidence. For the main element of their acquisition — which is their birur and their tikkun — is through the aspect of emunah, which is the aspect of Torah SheBa'al Peh. And therefore one does not need writing for movable goods. But the land itself — which is the aspect of emunah itself, as it were — cannot ascend and go from one domain to another domain except through the aspect of Torah SheBichsav, which is the aspect of the shtar. For each time the land goes from the domain of the seller to the buyer, it is the aspect of the ascent of emunah. For it goes from the domain of the seller to the domain of the buyer in order to refine new birurim there. And through this is the main element of its ascent from galus — when it finishes refining. It emerges that each time the land goes from one domain to another, it is the aspect of g'ulah [redemption]. For it refines through this new birurim, through which the emunah will be completed and the g'ulah will come. And this is why the Torah mentions many times a language of "g'ulah" in the buying and selling of land, as it is written: "G'ulah tihyeh lo," etc. ["Redemption shall be for him"] (Vayikra 25:29) — and likewise much more, many times. For it is the aspect of g'ulah, as above. For each time the land — which is the aspect of emunah — goes from one domain to another in order to refine new birurim, as above, it draws closer to the g'ulah, as above. And this is what Hashem Yisbarach hinted to Yirmiyahu the prophet — the matter of the g'ulah through the acquisition of land, as is explained there in Yirmiyahu: that at the time when Yisroel were going into galus, Hashem Yisbarach said to him (Yirmiyahu 32:7): "Hineh Chanam'el ben dod'cha ba ailecha leimor: k'neh es sadi," etc. ["Behold, Chanam'el the son of your uncle is coming to you to say: Buy my field"]. And he bought the field, and Hashem Yisbarach gave him tidings through this that they are destined to be redeemed and will buy fields, as it is written: "Sados b'chesef yiknu," etc. ["Fields shall be bought for money"] (Yirmiyahu 32:44). And seemingly the matter is puzzling: why did He hint to him about the g'ulah through this specifically — through the acquisition of a field?! But in truth, the acquisition of a field in itself alludes to the aspect of g'ulah, as above. And therefore the land — which is the aspect of emunah — is not acquired and established in the hand of the buyer except through a shtar, which is the aspect of Torah SheBichsav — the aspect of emes. Through which one comes to emunah. And this is the aspect of: movable goods that have no acharayus [responsibility/guarantee] are acquired together with goods that have acharayus — meaning, the kinyan of movable goods agav [together with] land, which is the most effective kinyan. For all acquisitions of movable goods are for the sake of the birur of the sparks. And the main birur is through emunah. And therefore the movable goods are acquired through the land — for the sparks are refined through the emunah, as above. And therefore the land itself is not acquired and established except through a shtar — meaning the writing of Yisroel, which is the aspect of Torah SheBichsav. For the land itself — which is the aspect of emunah itself, as it were — cannot ascend and go from one domain to another except through the aspect of Torah SheBichsav, which is the aspect of the shtar. For each time the land goes from the domain of the seller to the buyer, it is the aspect of the ascent of the emunah. For it goes from the domain of the seller to the domain of the buyer in order to refine there new birurim. And through this is the main element of its ascent from galus, when it finishes refining. And therefore the tikkun of the sin of the Eigel — which came about through the questions and denials of the Eirev Rav, who are the aspect of Amalaik, as is stated in the Zohar and Midrashim, that they were intermingled from Amailaikim, etc. — the main tikkun was through the Mishkan that Mosheh made, as Chazal said. For the Mishkan, the aspect of the Beis HaMikdash, was built and made with partitions and boundaries and holy vessels such as these, that were drawn from the k'dushah of the Da'as mentioned above — of the aspect of the aforementioned freedom [chairus]. And the main partitions are made from the aspect of "s'yag lachochmah sh'sikah" ["A fence for wisdom is silence"], as above. For within these holy partitions and boundaries, the aforementioned Da'as is drawn. All of this is the aspect of the tikkun of the aforementioned questions and denials, which are the aspect of the sin of the Eigel, as above. And this is the aspect of Parashas Sh'kalim that is read before Purim — in order to subdue Haman-Amalaik, who is the aspect of the aforementioned Eirev Rav. And therefore they are called "sh'kalim" — the aspect of mishkal [weight/measure]. For one must be careful to draw this Da'as in measure and in weight, and to be silent in the place where one needs to be silent — the aspect of "va'asu s'yag laTorah," as above. Through which is the main building of the Mishkan, as above. And this is the aspect of: "He'ashir lo yarbeh v'hadal lo yam'it" ["The rich shall not give more and the poor shall not give less"] (Sh'mos 30:15). This alludes to the aspect of the aforementioned Da'as — of the son and the student, who are the aspect of the dwellers above and the dwellers below. That one must illuminate in the dwellers above the aspect of "mah" [what], etc. And in the dwellers below the aspect of "m'lo chol ha'aretz k'vodo" ["the whole earth is full of His glory"]. And this is the aspect of: "He'ashir lo yarbeh" — "the rich" are the aspect of those who are elevated in rank; "lo yarbeh" — for one must be careful that he should not err that he already has a great share in this Da'as, for one must show him that he still does not know at all — the aspect of "meh chamis," etc. ["What did you see?"]. And conversely: "Hadal lo yam'it" — "the poor," the aspect of those who are small in rank; "lo yam'it" — as if his share is small and meager in the building of this Da'as, which is the aspect of the building of the Mishkan and the Beis HaMikdash. For on the contrary, Hashem Yisbarach dwells with the lowly and the poor specifically, as it is written: "Eshkon es daka" ["I dwell with the crushed"] — "ki m'lo chol ha'aretz k'vodo," etc. For in every level and in every aspect there is the aspect of the dwellers above and the dwellers below, etc. — which are the aspect of the son and the student, etc. And therefore the rich and the poor are in the aspect of the dwellers above and the dwellers below. For the wealth and the abundance is drawn from the Da'as of the son and the student, etc. And see in Hilchos Shabbos, Halachah 3, §9, where something similar is explained on the verse "He'ashir lo yarbeh v'hadal," etc., as above. And this is the aspect of the counting of Yisroel, that they were commanded to count them through the sh'kalim, as it is written: "Ki sisa es rosh b'nai Yisroel lifkudaihem," etc. ["When you take the count of the children of Yisroel according to their numbers"] (Sh'mos 30:12). For the counting is in order to join them and to connect them and to include them together — all six hundred thousand nefashos of Yisroel — so that they should illuminate in one another the aforementioned Da'as and receive from one another. For this Da'as is very lofty and exalted — which is to know and to recognize the Creator, the singular Primordial One, Yisbarach v'Yis'aleh, in the ultimate completeness of emunah. And each member of Yisroel has a share in this holy Da'as. And each one needs to receive from his fellow and to illuminate in his fellow — according to what illumination is drawn upon him from his Rebbe, the aspect of Mosheh. And as is understood and explained in the aforementioned Torah. And therefore one must count them and include them and join them together. But through the counting, chas v'shalom, the plague can take hold, chas v'shalom. For the Adversary will want to provoke them, chas v'shalom — to breach the boundary, that each one will want to enter the boundary of his fellow in what does not pertain to him. And through this he could enter into questions that according to his understanding are difficult for him to resolve, etc., as above. Therefore, just as each one needs to receive from his fellow and to illuminate in his fellow the illumination of this Da'as, as above — likewise he needs to be careful to stand in his place and not to breach the boundary. And as is explained above — that this is the aspect of "va'asu s'yag laTorah," the aspect of "s'yag lachochmah sh'sikah," which applies in every aspect and in every level. For just as the true tzaddik — who is the Rebbe and the Chacham, through whom all the Da'as is drawn — needs to be careful to make the "fence for Torah" through silence, so as not to enter into the Makifim [surrounding lights] that one does not need to grasp, etc., as above — likewise each and every person, according to what he receives of this Da'as, needs to be careful for his own nefesh not to rush and not to be hasty to ask questions that are not fitting for him — so that his da'as should not become completely confused. And likewise when one speaks with one's fellow about yiras Shamayim, to introduce this Da'as into one's fellow and to receive from him — in the aspect of "umekablin dein min dein" ["and they receive one from another"], as is explained there — one needs to be very careful also to draw the aforementioned partition of silence, not to breach the boundary, chas v'shalom, and not to gaze upon one's fellow excessively, and also not to receive from one's fellow excessively what is not fitting for him according to his level. For this is known: that every person is very different from his fellow, as Chazal said regarding the blessing of "Chacham HaRazim" [Knower of Secrets]: "Because the minds of people are not similar to one another," etc. Therefore one must be careful in this matter of the drawing of the true Da'as — that each one needs to illuminate in his fellow and to receive from him — that it should be gradually and in measure and in weight, and to fulfill "va'asu s'yag laTorah" mentioned above. And this is the aspect of what they were careful to count Yisroel through the sh'kalim specifically — so that the Sitra d'Mosa [side of death] should not take hold among them, which is drawn from the denials of the Tree of Knowledge, which is the contamination of the Serpent, which is the contamination of Amalaik, who caused death to come into the world. For everything was through the excess of questions that he introduced into Adam and Chavah, until he brought them to denials, as Chazal said. And the tikkun for this is through the building of the Mishkan and the Beis HaMikdash. For the main building of these holy partitions of the Mishkan and the Beis HaMikdash is through silence, as above. And likewise each person needs to be careful, both in general and in particular. And this is the aspect of the sh'kalim — the aspect of "machatzis hashekel" [half-shekel] specifically. For one needs to stand upon the measure precisely. And each one shall give "machatzis hashekel" specifically. And "the rich shall not give more and the poor shall not give less." For even though each one gives "machatzis" [a half] — "machatzis" specifically — which alludes that each member of Yisroel needs his fellow, that his fellow should complete him. And therefore each one gives only a half specifically. But nevertheless, it is forbidden that one should give on behalf of his fellow. For they were careful: "The rich shall not give more and the poor shall not give less." For the truth is that each one needs to complete his fellow — and this is the main intention of the counting, in order to include them and to join them and to connect them one with another, so that they should illuminate in one another the aforementioned holy Da'as. But nevertheless, each and every one stands on his own, and one needs to be careful not to breach the boundary. Rather, each one should receive and draw the Da'as gradually and in measure and in weight — to receive and to illuminate in his fellow what they need to receive from one another. And what is impossible to receive and to illuminate — one needs to be silent and to fulfill "va'asu s'yag laTorah" mentioned above.