In first 3 statements of Shmuel he explains first the indicator of chazakah, then the indicator of a different motive. But in the 4th statement, this order is flipped. Why?

(d)

(Shmuel): If one prunes a date tree so it will grow better, he acquires it;

1.

If he pruned it to feed to his animals (even though he intended to acquire it), this is not a Chazakah (because he did not intend to improve the tree).

(e)

Question: How do we know whether or not he intended to improve the tree?

(f)

Answer: If he took branches from all sides of the tree, he intended to improve the tree. If he took branches from only one side, he did so for his animals.

(g)

(Shmuel): If one takes pieces of wood and grass from a field so it will be easier to plow, he acquires it;

1.

If he took them for burning, he does not acquire (this is like eating Peros, which is not a Chazakah).

(h)

Question: How do we know what his intention was?

(i)

Answer: If he took big and small pieces, he intended to improve the field. If he took only big pieces, he did so for fuel.

(j)

(Shmuel): If one leveled a field so it will be easier to plow, he acquires it;

1.

If he did so to prepare the area to thresh grain, he does not acquire (a granary is detrimental to the field in the long term).

(k)

Question: How do we know what his intention was?

(l)

Answer: If he put the dirt of the mounds into the ditches, he intended to improve the field. If he merely flattened them a bit (to reduce the slope), he did so for threshing.

(m)

(Shmuel): If one made an opening so that water (from the river) will enter a field to irrigate it, he acquires it;

1.

If he did so for fishing, he does not acquire.

(n)

Question: How do we know what his intention was?

(o)

Answer: If he made one opening for water to enter from the river and another for water to leave, he did so for fishing;

1.

If he made only an opening for water to enter, it was for irrigation.

DANIEL GRAY, Toronto Canada