Din & Daf: Conceptual Analysis of Halakha Through Case Study with Dr. Elana Stein Hain

חזקת מרא קמא

⁠⁠source sheet⁠⁠

BM 100

Of the many principles afforded by the Gemara about how to resolve property disputes, perhaps the most surprising is what’s known as חזקת מרא קמא, presuming that the property still belongs to the person who originally owned it even if it is no longer physically there! What is the logic behind this principle? What can it teach us about presumptions about the reality? About ownership? About dealing with uncertainty?

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