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Chazakah


Chazakah (Hebrew חזקה, khazakah, legal acquisition by right of possession) is a Midrashic and Talmudic concept, the presumption of ownership of a personal status (such as being of kohen or levite status) or of land, or tangible property.

The Hebrew word חזקה is a noun form of חזק, which can be translated as "strong holding".

The "status quo kohen" (Hebrew: כהן מוחזק‎‎) is a rabbinic title which legitimates Kohen status to a Jewish Kohen who—amongst multiple criteria—exhibits conduct exemplary of and is recognized by his peers and community as such.

The tannaic rabbi Jose ben Halafta extolled the soundness of this Chazakah by labeling it a basis for the entire Halachic concept of chazakah. It is based on this chazakah that all poskim agree—unanimously—to forbid the status quo Kohen from marrying a divorcee.

Once a Kohen is established as a Kohein Muchzak it is a mitzvah to sanctify him and assist him in abstaining from the restriction that apply to a Kohen (for example, Prohibition of Kohen defilement by the dead).

The chazakah of the Kohen is deemed valid and in good standing unless a valid objection to his lineage is made before a Beit-Din.

The Talmud counts as a demonstration of ownership of land, a chazakah of uncontested usage of property for three years.

The conceptional terminology is "default status", "agreed properties" or status quo of an object, land or person − usually when sufficient proof is missing or unavailable. The concept is relevant to many aspects of Talmudic law and Halakha.


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