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4

The parallel Chazzal to this is found in Rus Rabba 7 11. There the Eitz Yosef explains that the function of this kinyan was actually a ruse to ensure witnesses. He says the barrel of treats was smashed which brought all the children to come gather them. They in turn would remember what had transpired being that children have good memories, as it says ...


4

Hazaka only works with the original owner's consent. Rambam, Laws of Sales Chapter 1: א,ז [ח] כיצד בחזקה: מכר לו בית או שדה, או נתן אותן מתנה--כיון שנעל או גדר או פרץ כל שהוא, והוא שיועיל במעשיו--הרי זה קנה. א,ח במה דברים אמורים, בשהחזיק בפני המוכר. אבל שלא בפני המוכר או הנותן, צריך שיאמר לו לך חזק וקנה; ואחר כך אם החזיק--קנה, אף על פי שאינו ...


3

First, some background. There are several errors in your question that need to be addressed before I can answer your question directly: You falsely equate the yemoth mashiyahh and `olam haba as if they are one and the same. You are under the assumption that in `olam haba righteous yehudhim and goyim have the same or similar standing and even "rule" ...


2

I will start by addressing the specific question that you have asked here: "According to Halacha, is it a sin for a Jew to take control over some land in Eretz Yisrael when this land was taken against the will of its previous controller (regardless of whether it was occupied or empty, and whether there was violence involved in the transition)?" The answer ...


1

I will tray to give a different response (see my 2 comments above). A first step is to talk about the topic with a minimum of technical terms. A deed of acquisition is generally a symbolic act, a speaking act. When mister A acquires an object Ob. from Mister B, there is a kind of scenography: from the hand of mister B to the hand of mister A, from his ...


1

"that if you publicly use property long enough without anybody objecting, it's yours even if you can't show proof of a transaction." There actually is such a concept in Halacha. It's also called "Chazaka", here in its common meaning of "legal presumption". That is, if you can prove that you used the land for three years in a row, you do not need to prove ...


1

The Malbim's commentary on Ruth reads the Yerushalmi as you did. The oldest mechanism was chalipin (symbolic transaction); then they went to ketzatza (smash piñata in front of the town); then finally settled on kesef, shtar, chazaka. I would figure it worked like situmta/tkias kaf, i.e. whatever mode of execution is normal and customary.



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