Home › Forums › Rants › Makom Kavua – Being Kicked out of your Seat › Reply To: Makom Kavua – Being Kicked out of your Seat
Catch/Ubiq:
“thats becasue halachicly they arent neccesarily different. a Kinyan on land can be made by either ?KEsef or chazaka.”
“for the record, Rav Shlomo Kluger directly applied the Halacha of Chezkas Karka to seats in Shul. ”
Not that I disagree with both of you, but the demographics of RS Kluger’s typical shul and others have entirely changed. The typical Shul all pre-war seforim discuss was the “town’s” shul, meaning, it was built by the town, owned by the town, and really belonged to any person residing in the town, thus it can be obtained by means of Chazakah, Yerusha etc. as the Muchzak is part of the actual ownership. i.e. the “Town”. Whereas nowadays, shuls are either privately owned or are owned by the “members”. There is rarely any concept of a “town’s shul” anymore. E.g. in a Towns shul, I doubt that any Gabay or anyone else had any right to move anyone from his chazaka seat – it was totally his.
Therefore, I am not so sure how exactly and if “chazakah” is anything of an ownership here. I don’t think in the case of Rav S Kluger, regarding reconstructing a shul can be applied to nowadays shuls. I believe “chazakah” does give you sort of a right” over any other person. Nothing less than someone taking a seat and is “his” for now.
We need to see the responsum in entire to see what its based upon, and see if it can be applied.