Reply To: Makom Kavua – Being Kicked out of your Seat

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#1363616
GAON
Participant

Many are mixing up the two topics.
a) Makom Kavuah b) חזקה on seats.
Those are two separate issues, regarding moving a guest over.
MAKOM KAVUAH –
I don’t see where the Shu”A or Talmud ever intended ‘Makom Kavuah’ as a ” right” over someone else sitting in your seat – all it says – is that YOU should make sure to do everything possible to daven in a Makom Kavuah, as they would say in Brisk: it’s a דין Din in the גברא NOT in the ” “חפצא (i.e. the seat) – the concept of Makom Kavuah does not give any rights. Yes, you can absolutely request (or arrive earlier!), but the person has no obligations to move once he is seated.
(Note – I just searched and saw some modern day poskim discussing the issue, but no one has any source where we see Makom Kavuah is a “right”)
CHAZAKA ON SEATS –
As others have pointed out, that is all up to the nature tekanahי of the Shul etc.
Is there any such Chazaka in the first place?
(Note, a mere place is not monetary, hence, is not exactly Chazaka of Baba Kama, but there is a concept of Chazaka as any right to a Mitzva, as pointed out by Ubiq..) How long and what defines Chazaka ? Is it a private Shul? Is it a public shul? Is it a community shul? Did he pay for the seat? Did the Gabay give him the seat? Is it a shul that everyone has their seat either given or purchased etc.?