חלוקת שותפות ה

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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).

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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.