Chazakah

The most notable instance of this kind is that of the Goring Ox, which was regarded as a vicious animal (mu'ad) after it had committed the offense three times, according to Bava Kamma 23b.

Simeon ben Gamaliel II opines that presumption may be established only after an incident has occurred three times in Yevamot 64b.

For example, A bought an object from B but had not paid the money; A desired to return it to B because he had found a defect that he claimed was in it before it was delivered to him.

Presumptions are principles formed on a vast amount of judicial experience, by which the court is guided not only in settling the question as to which of the contending parties incurs the burden or responsibility of bringing proof of the assertions made in pleading but also in rendering a decision in doubtful cases.

Although inferior to actual evidence and entirely disregarded when refuted by it, presumption was still a potent factor in Jewish law, and greatly influenced the decision of civil and capital cases.

According to one opinion in the Talmud, the principle of chazakah has a Biblical source in Leviticus 14:38, which discusses the case of tzaraat in a house.

[c] The Talmud is a demonstration of land ownership, a chazakah of uncontested property usage for three years.

[11] The following persons could not acquire property by usucaption: (1) a building contractor; (2) a partner; (3) a steward; (4) a husband his wife's in which he had the right of usufruct; (5) a father his son's, or (6) a son his father's; (7) a guardian his ward's; (8) a minor; (9) an idiot; (10) a deaf-mute (whose property, in turn, could not be acquired by others); (11) a robber.

[12] Concerning movable property, the presumption was that it belonged to the possessor unless it was conclusively proved that he held it under false pretenses.

Large cattle of the kind that are delivered to a shepherd and are always under his control, or infant slaves that are unable to walk were treated like other movable property.

In contrast, adult slaves were considered in the same category as immovable property, and a continuous possession of three years was sufficient to establish title to them.

[16] The Talmudic law applies the principle of chazakah also to easements or servitudes consisting in the right or privilege of using another's land without compensation.