Everything that does not produce permanent fruit, for example an irrigated field, presumptive ownership is three years but not day to say. Rabbi Yehudah said, they only said three years so that one could come to Ispamia, But if he was with him in the province, once he ate of it for a year, this is presumptive ownership. The one who purchases from another purchaser, even though the first purchaser says, “It was stolen by me,” he cannot destroy the power of the other. The one who eats of the field via a deed and it is found that the deed is invalid, this is not valid presumptive ownership. The one who eats of the field assuming that it is his and one brought against him a document that he sold it to him or that he gave it to him as a gift, let the document be upheld through its signers. If he says, I wrote a document and I received money, the document is torn by his hand. Everything follows presumptive ownership. The one who eats of the field six years and [someone else[ contested the legality for the first three years and in the end he says to him, you sold it to me, or you gave it to me as a gift, if according to the original plea, he does not have presumptive ownership as all claims of which part are nullified, the entirety is nullified.

When do they say a tenant farmer swears when there is no claim? All the time that he is a tenant farmer. If he leaves his tenancy, he is like everyone else. A partner, so long as he is a partner. If he leaves his partnership, he is just like everyone else. An administrator, so long as he is an administrator. If he leaves his position as an administrator, he is just like everyone else. The son who shares, and the woman who is divorced, they are like everyone else. Those who accept bailments, and shepherds, and hired workers cannot acquire through presumptive ownership. Craftsmen cannot acquire through presumptive ownership. Howso? If one saw his tools at the launderer’s or his slave at the craftsman’s, he says to him, give me what is mine, and he says to him, you sold them to me or you gave them to me as a gift, this is not presumptive ownership. You told me to sell them [or] you told me to give them as a gift, this is presumptive ownership.

Presumptive ownership occurs in three years. If the father presumptively owned for one year and the son for two, or the father for two and the son for one, this is presumptive ownership. The father for a year and the son for a year and a purchaser for one year, this is presumptive ownership. If someone else held [the property presumptively] in front of the father for a year and before the son for two years, this is presumptive ownership. Before the father for two years and the son for a year, this is presumptive ownership. Before the father for a year and before the son for a year and before the purchaser for a year, this is presumptive ownership.

If one held [the property presumptively] in the presence of two for the first year and two in the second year and two in the third year, these are three acts of testimony and they are a single witness. If the first [pair] was found to be perjured, he has [evidence] about two years. If the second [pair was found to be perjured], he has [evidence] for a year. If the third [pair], he has nothing. If the first and last [pairs] are the same and it is found they committed perjury, if about the first year, he has nothing. If about the second, he has evidence f one year. If about the third, he has evidence about two years. Rabbi Yosei said, Rabbi Yohanan ben Nuri came to R. Halafta’s place. He said to him, if one possessed in the presence of two in the first year and two in the second year and two in the third year, what then? He said to him, this is presumptive ownership. He said to him, Even I say this, but Akiva says it is not presumptive ownership. Rabbi Yehuda says, indeed it says, “Solomon had twelve prefects governing all Israel, who provided him food” (1 Kings 4:7). And it says, “There was one prefect who was in the land” )1 Kings 4:19). One should say that this one was for an intercalated month. Rabbi Nehemia says, this is an administrator who was appointed on behalf of all of them, for it is not praiseworthy for a king to have twelve serving him. Rather, the twelve serve one and the one serves the king.

The one who seizes the property of a convert, if he locked it or fenced it or breached [its fence] in any measure, this is presumptive ownership. If one locked it and one walled it, this is presumptive ownership. If two locked it and two walled it, this is presumptive ownership. If he had ten fields, since he seized one of them, he has presumptively secured all of them. Ten slaves, even if he seized one, he did not seize all of them. Tools and slaves, if he acquired the tools, he has not acquired the slaves; the slaves, he has not acquired the tools. Tools and real estate, if he acquired the real estate he did not acquire the tools; the tools, he did not acquire the real estate. Slaves and real estate, if he acquired the slaves, he did not acquire the real estate; the real estate, he did not acquire the slaves. If he trespassed, whether long or short ways, that’s acquisition. If two trespassed, this one acquires the place of his trespass and this one acquires the place of his trespass, according to Rabbi Eliezer. But the sages say, the two of them have not acquired unless they presumptively possessed it. If one bought from him ten fields, once he has presumptively owned one of them, he has presumptively owned all of them. If he leased ten fields from him, one he presumptively owned one of them, he presumptively owned all of them. If he purchased part and rented part and acquired through presumptive ownership, whether the purchased or the leased, this is presumptive ownership. Property that cannot act as a guarantee is acquired with property that can serve as a guarantee by money, a document, or presumptive ownership. Howso? He says to him, the courtyard and all that is within it I sell to you, once he has written the document and received money and he has presumptively owned one of [the objects], he has presumptively owned all of them. A place for setting up an oven or a stove in a courtyard, this is not presumptive ownership. A beam on them at all, this is presumptive ownership. Chickens in the courtyard, this is not presumptive ownership. If he makes for them a roof ten tefachim high, this is presumptive ownership. A water pipe does not create presumptive ownership. The place where it discharges does cfreate presumptive ownership. A doorway in a courtyard even if it is stopped up, this is not presumptive ownership. If he broke its doorposts, this is presumptive ownership. What is a Tyrian window? Any through which a man’s hand can enter, according to Rabbi Meir, and only if it has a frame or shape of a door. And indeed Rabbi Meir said, a person should not open a door atop the door of his fellow or a window on top of the window of his fellow or a door on top of the window of his fellow or a window on top of a door of his fellow. But the sages permit, so long as it is distances four amot. Abba Shaul says, a person should not open a store across from a courtyard of his fellow so that he does not sit in the store and look at what is going on in his fellow’s courtyard. But this one may open into the public domain and that one may open into the public domain.

Just as those who belong to the courtyard can object to what happens in the joint courtyard, thus can the residents of an alleyway object to what happens in the joint alleyway. Howso? If one built a bathhouse next to his fellow’s bathhouse, a store within the store of his fellow, he cannot prevent him by saying, you have brought an obstacle to me, as the other can say, just as you do within your property so I do within my property. If one’s water was crossing onto the roof of his fellow and he went up and stopped it, he can prevent him from doing so, unless he knows in which place he will lead it. If the public way or a stream passed through one’s field and he got up and fenced it so that they cross through his fellow’s field, he can’t prevent him saying, you have brought an obstacle to me, as he can say, just as I do on my property, thus you can do on yours. Rabbi Yehudah says, The public that selected a path for itself, what it selects, it selects. If he has a cistern in his fellow’s courtyard, and the owner of the courtyard wants to dig another cistern, he can prevent him. But he cannot make it a public well or a public immersion pool, and he cannot fill it and give water [to his animals] or fill it and sell it. But he may fill it and water [animals] in the marketplace and sell in the marketplace. If he bought a courtyard and within it were brackets and balconies, and they fell, he can build them in their place. He may not paint, or plaster, or stucco. If he bought a house that was pained or plastered or stuccoed, he has the power over that. A man can plaster his whole house but he leaves a part out as a memory of Jerusalem. A person makes all the parts of a meal but leaves out part as a memory of Jerusalem. A woman does all her makeup but leaves part as a memory of Jerusalem, as it says, “If I forget you, o Jerusalem, let my right wither, let my tongue stick to my palate” (Psalms 137:5-6). All who mourn for her in this world will be happy with her in the next, as it says, “Rejoice with Jerusalem and be glad for her, all you who love her. Join in her jubilation, all you who mourned over her” (Isaiah 66:10).