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Bava Basra 023: Istenis
Gershon Dubin asked:
We find that despite the fact that ein chazaka lenizakin is limited to
certain nizakin, still Rav Papa could claim to be an istenis and therefore
no chazaka could be claimed against him. How could someone else's chazaka
be dependent on his fussiness?
PS On the answers to daf 22a #4, there is a question mixed in.
Gershon Dubin, Brooklyn NY USA
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The Kollel replies:
The rationale behind Chezkas Nezakin is that since the Nizak was not
Mocheh, we see that he accepts the Hezek. There is a Machlokes Rishonim if
his silence is proof that he sold it, or proof that he was Mochel. In any
event, Kutra and Bais ha'Kisei are not a Chazakah, for we say that the
Nizak was mistaken in his belief that he could tolerate them and it is a
Mekach Ta'us. So, too, in the case of an Istenis, we say that although he
thought he could tolerate it, he was mistaken, and therefore there is no
Chazakah.
D. Zupnik
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