Monday, October 29, 2012
BAIS HAVAAD ON THE PARSHA PARSHAS LECH LECHA 5773
In this week's parsha Hashem commanded Avraham Avinu (13:17): "Arise, walk through the entire land, its length and breadth." The Gemara (Bava Basra (100a) derives from here that if one merely works or uses land in a normal manner one can acquire it, a method commonly known as kinyan chazaka. As such, Avraham Avinu acquired Eretz Yisroel through kinyan chazaka.
The Rambam (Mechira 1:17) states that this form of acquisition is only valid for Jews but does not tak e effect for non-Jews. Therefore, the question is asked, that if Avrohom Avinu was not a Jew until after his bris mila then how was his kinyan chazaka effective? One possible answer is that even the Rambam would agree that a non-Jew can acquire ownerless land by means of kinyan chazaka. As the Dvar Avrohom explains (vol.1;10;16). Eretz Yisroel was considered to be hefker at that time, and hence, Avrohom Avinu was able to acquire it through kinyan chazaka even though he wasn't technically Jewish. (Sefer Mili D'avos)(AUDIO VERSION)
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