Siman 152

All those of whom they said they have no chazakah, their children have a chazakah. For if the son consumed the produce for three years and claims that the owners sold it or gave it to him, he has a chazakah. This is so even if he admits that it came into his father's hand through arisut, or through craftsmanship, or through robbery, or as an apitropas, or through a mashkanta. This is even while their father is alive, and even regarding the son of a gazlan while the gazlan is still alive, for because of fear of him, one would not be afraid to protest against his son. We have already explained in siman 149 that according to the Rambam and the Shulchan Aruch, when one is established as a murderer over monetary matters, there is no chazakah even for his son or any of his household, for their dread is cast upon everyone.

In what case are these things said? Regarding those who come with their own claim. But if they claim that it is an inheritance to them from their father who consumed it for the years of chazakah, they also have no chazakah, and even if they also consumed it for the years of chazakah, for it is a chazakah without a claim since for the father there was no chazakah. And so too the grandson, if he claims that he inherited it from his grandfather, he has no chazakah. And so too forever, anyone who claims that he inherited it from the first, it is a chazakah without a claim. But if the grandson claims that he inherited it from his father and consumed it for the years of chazakah, and his father lived in it for one day or occupied himself with it, he has a chazakah, for we claim on behalf of an heir everything that his predecessor could have claimed, and had his father been alive, he would have been believed to say that he purchased it from the challenger.

And if the son brought witnesses that the owner admitted to his father that he sold it or gave it to him, we establish the field in his possession even if he did not hold it for the years of chazakah, since he gave a complete admission before witnesses. And there are those who say that even if he did not bring witnesses, but rather the son says "he admitted to my father in my presence that he sold it to him" and the son held it for the years of chazakah, he is believed with a migo that he could have said "it was purchased by me," except for the son of a gazlan, for even if he brought witnesses that he admitted, his admission is nothing, as written in siman 151. However, if he says "in my presence my father counted out the money to you" and he held it for three years, he is believed with a migo that he could have said "I purchased it from you." And according to the opinion of the Rambam there, section 3, there is no chazakah here and he returns the money to him [Sma].

An admission to a gazlan is not effective even if he admitted not in the presence of the gazlan, for fear of him is cast upon him even when not in his presence. And the grandson of a gazlan, if he comes with the claim of his grandfather—for example, if he says, "In my presence you admitted to my grandfather that he sold it to him"—it is nothing. However, if he comes with the claim of his father by way of inheritance, he has a hazakah, as has been explained. And there are those who say that if the grandson of a gazlan says, "In my presence you admitted that you sold it to my grandfather," it is a hazakah, for fear of him is not cast to such an extent on account of his grandson. But the son of a gazlan who says, "In my presence you admitted that he sold it to my father," it is not effective, for due to fear he was compelled to admit to him as well.

It appears to me that specifically the children of all these have a chazakah, but their wives, even those of a craftsman or a sharecropper, do not have a chazakah even when they come with their own claim, for his wife is like his own body. A man in the property of his wife after her death, and she in the property of her husband after his death, they have a chazakah [Yerushalmi chapter 3 of Bava Batra halacha 5]. After divorce, there is also a chazakah, as I wrote in siman 149.