BAVA BASRA 2-8 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[2a - 19 lines; 2b - 38 lines]

1)[line 1]HA'SHUTAFIN- the partners [who own a courtyard in which their houses stand]

2a)[line 3]GEVIL- unfinished stones

b)[line 3]GAZIS- finished stones

c)[line 3]KEFISIN- (a) Arichin, i.e. "half-bricks," which are three Tefachim long and one and a half Tefachim wide. The width of the wall is comprised of two Kefisin laid side by side with one Tefach of mortar in between them (RASHI to Bava Basra 3a); (b) Since the word "Kafis" refers to wood (as in "... " "... v'Chafis me'Etz Ya'anenah" - "[For the stone shall cry out from the wall,] and the beam from the timber shall answer it." - Chabakuk 2:11), the wall must be built with planks of wood beneath and above the Arichin (TOSFOS)

d)[line 4]LEVEININ- bricks that are three Tefachim by three Tefachim

3)[line 11]BIK'AH- a "Sadeh ha'Lavan," i.e. a field of grain (which looks "white," or which is not shaded from the sunlight) or a field planted with vegetables, as opposed to a field planted with trees

4)[line 13]CHAZIS- (lit. an edge) a border marker affixed to the top of the wall. The Amora'im (Daf 4a-b) argue as to whether this means (a) to build a protrusion at the top of the wall (i) facing outward or (ii) facing inward; or (b) to spread mortar on the upper outer Amah of the wall

5)[line 17]SAVRUHA- they (the students of the Yeshiva) thought (lit. were of the opinion)

6)[line 18]GUDA- a wall

7)[line 18]SHE'NIFRETZAH- that was breached; fell down

2b----------------------------------------2b

8)[line 1] NISYA'ESH HEIMENAH- he gave up hope with regard to it (his plan for fixing the wall)

9)[line 1] HAREI ZEH KIDESH - he has made the produce prohibited as Kil'ayim (KIL'EI HA'KEREM)

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.

(b)KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, " ; , " "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra, u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species; lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkos.

1.Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids planting any vegetable or grain in a preexisting vineyard, as well as sowing grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah rules that the prohibition of Kil'ei ha'Kerem only applies to sowing grape seeds along with wheat and barley kernels in the same throw of a hand (Berachos 22a). According to this view, one who plants grapes, wheat and barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem and the prohibition of Kil'ei Zera'im (see Background to Kidushin 39:23a:c; Tosfos Kidushin 39a DH Lo).

2.It is even prohibited to plant vegetables or grains outside of a vineyard in close proximity to it. Such plants must be planted at least 6 Tefachim away from a single grapevine and at least four Amos away from a vineyard. A wall is considered a sufficient separation such that the vineyard and the vegetables or grains may be planted next to the wall on the opposite sides. ("Vineyard," in this respect, refers to at least five grapevines, planted in a formation of two parallel rows of two with a fifth vine between (and behind) the two rows - see Background to Sotah 43:29). The grapevines and the vegetables or grains that grew in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten or to derive any benefit. They must be burned, as the Torah states, "Pen Tikdash ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (Kiddushin 56b, RAMBAM Hilchos Kil'ayim 5:7).

3.Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in Chutz la'Aretz as well (Kidushin 38b).

10)[line 1] (') []V'CHAYAV (B'ACHRAYUSAH) [B'ACHRAYUSAN]- and he is responsible for them (for the vegetables or grain of his neighbor that became prohibited due to his negligence. The Girsa is from the Rome manuscript and refers to the plants that became prohibited - DIKDUKEI SOFRIM #7; similarly on Daf 3a line 8, (B'ACHRAYUSAH) [B'ACHRAYUSAN] - ibid. #300)

11)[line 3] HEIZEK RE'IYAH LAV SHEMEI HEIZEK - damage that a person causes to another person's property by gazing [such as loss of privacy] is not considered damage [that must be reimbursed] (HEIZEK RE'IYAH)

(a)The Amora'im in our Sugya argue about whether or not a person can legally prevent another person from gazing into the first person's property. Those who maintain that there is such a legal claim ("Heizek Re'iyah Shemei Heizek") claim that the invasion of privacy caused by such gazing is tantamount to physical damage, since it prevents the owner from using the property freely. Therefore, an owner of a courtyard that neighbors on another person's courtyard (such as two partners who end their partnership and divide their joint property into two halves, or two brothers who inherit a courtyard from their father and split it into two halves) can force his neighbor to assist in the expenses of building a wall to prevent them from seeing into each other's property. The other opinion maintains that one has no such legal claim, since the damage is not physically felt, and therefore the neighbor who desires privacy cannot force his neighbor to join in the expenses of building the wall.

(b)Other damages caused by gazing which fit into the category of "Heizek Re'iyah" include gazing at another person's produce and becoming jealous of it, thereby giving it an "Ayin ha'Ra" by subconsciously wishing that his neighbor's produce had not fared so well.

(c)The Poskim rule that Heizek Re'iyah Shemei Heizek (RAMBAM Hilchos Shecheinim 2:14, TUR and SHULCHAN ARUCH CM 157:1).

12)[line 4]PELUGTA- separation [of the courtyard]

13)[line 4]" , ""VA'TEHI MECHETZAS HA'EDAH [MIN HA'TZON; SHELOSH ME'OS ELEF U'SHLOSHIM ELEF SHIV'AS ALAFIM VA'CHAMESH ME'OS]"- "And the half that belonged to the congregation [was three hundred thousand and thirty thousand and seven thousand and five hundred sheep]." (Bamidbar 31:43) - HaSh-m commanded Bnei Yisrael to avenge His honor by destroying the Midyanim, who caused Bnei Yisrael to sin in the desert before they entered the land of Kena'an (Bamidbar 25:16-18; 31:1). In the subsequent battle, Benei Yisrael were victorious, and the soldiers returned with much booty (ibid. 31:7-12). HaSh-m commanded that the booty should be divided among the soldiers, the Kohanim, the Leviyim, and the rest of the nation, as follows. The soldiers received half of the booty and gave one five-hundredth to the Kohanim; the nation received the other half and gave one fiftieth to the Leviyim (ibid. 31:25-47). The verse brought by our Gemara describes the number of sheep that comprised the half given to the rest of the nation, where the word "Mechetzas" (related to "Mechitzah" of our Mishnah) connotes dividing something in half.

14)[line 7] SHE'RATZU LA'CHATZOS- who wanted to divide into half

15)[line 10] BI'MESIFAS B'ALMA- (a) wooden pegs that are driven into the ground along the borderline, over which or through which one can see (RASHI); (b) a hollow wall with windows, through which one can see (ARUCH)

16)[line 11] D'KADIM CHAD V'RATZYEI L'CHAVREI- one of them induced the other to agree [to divide the courtyard]

17a)[line 12] , KI ISRATZA'I LACH, B'AVIRA- when I agreed to you [to divide the courtyard, I only intended that my portion would be limited] with regard to [the minimum] space [necessary for a dividing wall, such as a plank fence]

b)[line 13] B'SASHMISHTA LO ISRATZA'I LACH- I did not intend to limit [my property by building anything that would hinder] the use [of my portion]

18)[line 14]( )(SIMAN GINAH KOSEL KOFIN V'CHOLKIN CHALONOS D'RAV NACHMAN) - this is a mnemonic device for remembering the proofs or citations that are brought in connection with the Sugya of Hezeik Re'iyah:

1.Ginah refers to "v'Chen b'Ginah" (line 16)

2.Kosel refers to "Kosel Chatzer she'Nafal..." (line 19)

3.Kofin refers to "Kofin Oso Livnos..." (line 23)

4.v'Cholkin refers to "Ein Cholkin Es he'Chatzer..." (line 25)

5.Chalonos refers to "Chalonos Bein mi'Lema'alah..." (line 29)

6.d'Rav Nachman refers to "d'Amar Rav Nachman Amar Shmuel..." (line 33)

19)[line 18] SHE'HI OMEDES B'KAMOSEHA- when it contains ripened, standing grain

20)[line 19] A'GEVIL V'GAZIS- ["v'Chen" - "and similarly" does not refer to the Halachah of Hezeik Re'iyah, but rather] refers to [the requirement of building a wall out of] unfinished stones or finished stones

21)[line 21] , ?UD'KA'ARI LAH, MAI KA'ARI LAH?- The one who asked this question, why did he ask it (since the answer is obvious)?

22)[line 23] BEIS SHA'AR- (a) an entryway that is enclosed by a semicircular wall with a door at one side through which people pass (RASHI), and which contains a small guardroom next to the gate; (b) a gateway that may be enclosed by walls on all four sides and covered by a roof (MISHNAH BERURAH 370:1)

23)[line 31] SHE'LO YATZITZ- so that he not [climb onto his wall, bend down and] peek [into his neighbor's window]

24)[line 32] SHE'LO YA'AFIL- so that it not block the light [of his neighbor's window]

25)[line 35]MA'AKEH- a wall or partition [through which one cannot see]

26)[line 36] L'DIDI KEVI'AH LI TASHMISHAI- I use my courtyard constantly

27)[last line] V'LO YADANA B'HEI IDNA SELIKA V'ASIS- and I do not know at what time you will go up and come out [onto your roof]

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