Question on the Topic

Hello and blessings, honorable Rabbi. In the Gemara Bava Batra 29a, it says: "Rava said: In the first year, a person forgives, in the second year, he forgives, in the third year, he does not forgive." Abaye said: "If so, when the land returns, let it return without fruits. Why did Rav Nachman say that the land returns and the fruits return?" Rava said: "In the first year, a person does not mind, in the second year, he does not mind, in the third year, he minds." Abaye said: "If so, for example, those from the house of Bar Elishiv who mind even someone passing by their field, does it mean they immediately have a chazakah? And if you say so, then you have given your words a measure." End quote. The Ritva here wrote that not only in the house of Bar Elishiv do they mind before three years, because if only they mind before three years, then what is Abaye's question, since the Rabbis do not differentiate. Therefore, even though in the house of Bar Elishiv they mind immediately, still, because the majority mind after three years, the chazakah will be after three years, even for those who hold the properties of the house of Bar Elishiv. And the Ritva wrote that it must be said that there is half the world where some mind after a month, some after half a year, some after a year, etc. And they mentioned only the house of Bar Elishiv as an example of people who are very particular, and they mind even someone who passed by their field. On page 57a-57b, the Mishnah said that if a person placed his animal in his friend's domain for three years, he does not have a chazakah, but if he made a partition for his animal, he has a chazakah after three years. And the Gemara established that we are dealing with a partner's courtyard, and partners do not mind just placing, but if they also made a partition, then partners mind, and if the partner did not protest, there is evidence that it belongs to the second partner, and therefore after three years, he has a chazakah. And the Gemara questioned from a modar hana'ah, who is forbidden to give to the niddar even to pass through his domain, and we see that a person minds even placing. And Rav Papa answered that there is half who mind placing, and half who do not mind, and regarding monetary matters, we are lenient, because it is a monetary doubt, and we are lenient, and the challenger can tell the holder to bring proof that he is from those who mind, and until the holder brings proof, he will not have a chazakah, because it is possible that the challenger did not protest because he is from those who do not mind. But in the case of a modar, where it is a doubt of prohibition, even if it is possible that the modar does not mind, it is still forbidden for the niddar to pass so that he does not possibly have a prohibition. I find it difficult to understand why on page 29a they do not say that a monetary doubt is lenient, and that the challenger should tell the holder to bring proof that he is from those who mind before three years, and therefore until the holder brings proof of this, he will not have a chazakah if he held less than three years?

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