OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) CAN PEOPLE KEEP PROFESSIONALS OUT OF A MAVUY?
1. 20b (Mishnah): If one set up a store in a Chatzer,
others can stop him because the noise of people
entering and leaving disturbs their sleep. Rather,
he may make Kelim in the Chatzer and sell them in
the market. If noise of his hammer, millstone or the
children disturbs their sleep, they cannot complain.
2. Question: What is the difference between the
3. Answer #1 (Abaye): The Seifa teaches that people of
another Chatzer cannot complain.
4. Objection (and Answer #2 - Rava): If so, it should
say so explicitly! Rather, the Seifa discusses one
who teaches Torah to children.
5. 21a - Question (Beraisa #1): People of a Chatzer can
prevent a member from setting up practice as a
doctor... or a teacher of children.
6. Answer: That refers to teaching Nochri children.
7. 21b (Rav Huna): If a member of a Mavoy set up a mill
(to grind for wages, or to rent it out), he can stop
someone else in the Mavoy from setting one up, for
this infringes on his livelihood.
8. Question (Beraisa #2): One may set up a store next
to another's store, or a bathhouse next to another's
bathhouse. The first cannot protest, for each is on
his own property.
9. Answer: Tana'im argue about this.
i. (Beraisa #3): People of a Mavoy may force one
another not to allow a tailor, tanner, teacher
of children or a craftsman to set up shop among
them. One cannot prevent his neighbor.
10. (Rav Huna brei d'Rav Yehoshua): Surely, one can
prevent someone from another city. If they both pay
head-tax in the same city, he cannot prevent him.
One cannot prevent someone from the same Mavoy.
ii. R. Shimon ben Gamliel says, he can prevent him.
11. Question (Rav Huna brei d'Rav Yehoshua): Can one
prevent someone from a different Mavoy?
12. This question is not resolved.
13. (Rav Yosef): Rav Huna admits that one cannot prevent
a teacher of children from entering the same Mavoy.
Jealousy among Chachamim makes them learn better.
1. Rif and Rosh (2:12): The Halachah does not follow
Rav Huna, for he holds like an individual (R. Shimon
ben Gamliel). Also, Rav Huna brei d'Rav Yehoshua is
Basra, and he argues with Rav Huna. Since the
question was not settled, they cannot stop him.
2. Rosh: Rav Huna had not heard the Beraisa. Had he
heard it, he would not have ruled like R. Shimon ben
Gamliel against Chachamim.
3. Rambam (Hilchos Shechenim 6:8): People in a Mavuy
can force each other not to establish a tailor,
tanner or any other profession among them. If there
was such a professional in the Mavuy and they did
not protest, or there was a bathhouse, store or
mill, and someone else made another bathhouse or
mill opposite it, he cannot stop him and say 'you
cut off my livelihood!' This is even if the latter
is from another Mavuy, for they already have such a
4. Tosfos (21b DH Kofin): The Ri explains that Beraisa
#3 means that people of a Mavoy can prevent a
teacher of Nochri children, but one cannot force his
neighbor. We cannot say so if Beraisa #1 discusses
within a Mavuy, for it allows stopping a member from
teaching children, i.e. Nochri children! Here, even
R. Shimon ben Gamliel forbids only due to
competition! However, the text of Beraisa #1
discusses within a Chatzer. The Rashba says that
Beraisa #3 allows stopping a teacher of Yisrael
children, even after the enactment, i.e. when there
is already a teacher there. Rav Yosef says that Rav
Huna agrees about a teacher, and he holds like R.
Shimon ben Gamliel! He must say that R. Shimon ben
Gamliel does not argue about a teacher.
i. Gra (CM 156:16): People can protest against a
teacher from another Mavuy from teaching in
this Mavuy. We say that one cannot protest even
against one from another Mavuy when the Mavuy
is Mefulash, for in any case there is traffic,
like the Rif says. Rav Huna asked about
protesting due to competition in such a case,
when increased traffic does not apply.
1. Shulchan Aruch (CM 156:5): People in a Mavuy can
force each other not to establish a tailor, tanner
or any other profession among them. If there was
such a professional in the Mavuy and they did not
protest, or there was a bathhouse, store or mill,
and someone else made another bathhouse or mill
opposite it, he cannot stop him and say 'you cut off
my livelihood!' Even if the latter is from another
Mavuy, they cannot stop him, for they already have
such a professional.
i. Beis Yosef (DH v'Chosav): The Ramban asks,
according to Rashi, how could we say that one
cannot protest about another Mavuy? If he is
from another city, the entire city can protest!
Perhaps he holds that it discusses one from
another city who pays taxes here. Or, perhaps
the question was about in the same Mavuy, but
he can stop one from another city. Even though
the latter could rent a house here, and then no
one could stop him, right now others can stop
him. This is wrong. Some say that we discuss
one who seeks to enter the adjacent Mavuy. The
first can say that he does not want a
competitor in a Mavuy in which he is a partner.
Also, people of the first's Mavuy will go to
the latter's Mavuy. The Ran and Nimukei Yosef
wrote like the first version. I answer for
Rashi that the people of the city can protest
about another Mavuy.
2. Rema: Many say that people of a Chatzer or Mavuy
she'Eino Mefulash can protest, but the other
professional cannot protest.
ii. Beis Yosef (DH Nimtza): The Halachah is, if the
latter is from the same city, the first cannot
protest even in the same Mavuy.
iii. SMA (16): The Rambam explains that the Beraisa
allows people in a Mavuy to stop each other
from setting up a store due to increased
traffic. This must refer to a Mavuy she'Eino
Mefulash. Even if all but one agree, the one
can stop the others. This is why the Rambam
(and Shulchan Aruch, who cites the Rambam
verbatim) bring this law in the singular (he
can stop). The Beraisa says that one cannot
stop a neighbor, i.e. when there is already
such a professional in the Mavuy. One cannot
stop him in the same Mavuy, for he did not
protest against the first. Even the first
professional cannot stop him. One cannot stop
him even in another Mavuy, for the question was
not settled, so we are lenient for the
defendant, i.e. the one who wants to enter. The
Rambam holds that the Reisha discusses a Mavuy
she'Eino Mefulash, and is due to increased
traffic. The others consider a Mavuy she'Eino
Mefulash like a Chatzer; there, even if there
is already a professional, people can protest
due to increased traffic.
iv. Bach (10 DH v'Ika): The Beraisa mentions only a
tailor, tanner or a craftsman, and so says the
Rambam. Why did the Tur mention also a weaver
or doctor? He explains that the Beraisa is not
concerned for noise, rather, for competition.
Therefore, all professions are the same. If so,
what is the Tur's source that a Mavuy she'Eino
Mefulash is like a Chatzer regarding noise? He
holds like the text of the Rif and Rosh, that
Beraisa #1 discusses a Mavuy, and allows people
to protest. This refers to a Mavuy Mefulash; if
it were not Mefulash, they would not have
reason to protest. Abaye permitted in a Mavuy
v. Note: In our texts of the Rif and Rosh, Beraisa
#1 discusses a Chatzer.
vi. Gra (15): R. Shimon ben Gamliel and his first
Tana argue about protest due to competition.
The Halachah follows the first Tana. When the
Beraisa discusses a neighbor, this must refer
to when there is no professional in the Mavuy.
If not, when does the Reisha say that he can
stop him? Within the Mavuy, the Seifa says that
he cannot stop him! We never resolved the
question about outside the Mavuy. Anyone from
the city (not only a neighbor) can stop someone
from outside the city!
i. Shach (4): The Rema holds like the Beis Yosef
said, that the Poskim other than the Rambam say
that the Mavuy can protest against the second,
even though they did not protest against the
first. I say that perhaps they agree to the
ii. Chazon Ish (CM 21 Likutim for Daf 149): Income
is fixed from Rosh Hashanah, just one must
engage in wordly matters (Hishtadlus). It is
improper for a Chacham to try to cause a loss
to Rav Mari, even though had Isar died (without
transferring the money), there would be no
Chiyuv to give the money to Mari, even to make
Chachamim happy (Tosfos 149a DH Migmarei).
Perhaps Rava wanted to use the money for needs
of the Tzibur. Mari was rich (Bava Metzia 73b);
he would not have minded if the money was used
for Tzedakah and Chesed, for he was a Talmid.
MAY PEOPLE PREVENT BUSINESS COMPETITION FROM ANOTHER CITY? (Bava Basra 22)
MAKING NOISE IN A CHATZER (Bava Basra 57)
Index to Halachah Outlines for Maseches Bava Basra