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.

1)ADVISING HEROD TO REBUILD THE MIKDASH

(a)Herod poked out the eyes of Bava ben Buta (Benyahu (ben Yehoyada) - he put a crown of herbs on him to subtly blind him), and tested him.

1.Herod: Do you see what that lowly slave (Herod) did?!

2.Bava ben Buta: What should I do?

3.Herod: Curse him!

4.Bava ben Buta: "Gam b'Mada'acha Melech Al Tekalel."

5.Herod: He is not really a king!

6.Bava ben Buta: He is no less than a rich person or Nasi. It says "u'Vchadrei Mishkavecha Al Tekalel Ashir" and "v'Nasi v'Amecha Lo Sa'or."

7.Herod: "V'Amecha" refers to one who acts like one of your nation. Herod does not!

8.Bava ben Buta: I fear him.

9.Herod: He will not find out. No one else is here!

10.Bava ben Buta: "Ki Of ha'Shamayim Yolich Es ha'Kol."

11.Herod: I am Herod. Had I known that Chachamim are so careful, I would not have killed them! What should I do to correct my mistake?

12.Bava ben Buta: You destroyed (Chachamim,) the light of the world - "Ki Ner Mitzvah v'Sorah Ohr." Go fix (the Mikdash,) the light of the world - "v'Naharu Elav Kol ha'Goyim."

13.Herod: I fear the kingdom (of Romi)!

14.Bava ben Buta: Send them a messenger asking permission to destroy and rebuild it. The messenger will tarry one year on the way, one year in Romi, and a year on the way back. By then, you will have finished it!

(b)Herod did so. Romi answered: if you did not yet destroy it, do not. If you already destroyed it, do not rebuild it. If you already rebuild it, that is lowly, to ask permission after the fact!

1.We know that you are really a slave who killed his masters!

(c)One who did not see the rebuilt Mikdash never saw a beautiful building.

1.(Rabah): He used grayish-brown marble and white marble.

i.Some say that he also used blue stones.

2.He staggered the rows, to leave room for plaster in between.

3.He thought to cover it with gold. Chachamim said that it is better as it is. It looks like waves and delights the eye.

(d)Question: Why did Bava ben Buta counsel him this way?

1.(Rav Yehudah): Daniel was punished for counseling the evil Nebuchadnetzar (to do a Mitzvah) - "v'Chata'ach b'Tzidkah Feruk (redeem your sin through Tzedakah)...Teheve Archah li'Shlevsach (and you will have serenity for a long time);

i.Nebuchadnetzar's Tzedakah delayed his punishment for 12 months!

(e)Answer #1: Herod was a slave, who is obligated to keep the Mitzvos, therefore he gave this counsel.

(f)Answer #2: The only one who could rebuild the Mikdash was (Herod,) the king.

(g)Question: How do we know that Daniel was punished?

(h)Answer #1 (Rav): "Va'Tikra Esther la'Hasach" - Hasach is Daniel.

(i)Question: This is like the opinion that (the name Hasach hints that) Chatchuhu (they cut him from his importance).

1.According to the opinion that (it hints that) all royal matters are Nechtachin (decided) by him, how can we answer?

(j)Answer #2: He was thrown into a lion's den.

2)EVERYTHING FOLLOWS THE LOCAL CUSTOM

(a)(Mishnah): Everything is according to the local custom.

(b)Question: What does this come to include?

(c)Answer: It includes a place where they make walls of Lulav or laurel branches.

(d)(Mishnah): Therefore, if the wall falls, the area it occupied and the stones belong to both neighbors.

(e)Question: This is obvious!

(f)Answer: It must teach about when it fell into the property of one neighbor, or one neighbor took the rocks into his property;

1.One might have thought that now he is Muchzak, the other must bring proof to get the rocks. The Mishnah teaches that this is not so.

(g)(Mishnah): Similarly, in a garden, in a place where people make a wall, one neighbor can force the other.

(h)Inference: Only in a place where people make walls in gardens, one neighbor can force the other. Normally, he cannot force him;

(i)Question (Seifa): In a valley, in a place where people don't make a wall, one neighbor cannot force the other.

1.Inference: Normally, he can force him!

2.Summation of question: If normally, one cannot force his neighbor to build a wall between gardens, all the more so between fields in a valley!

(j)Answer (Rava): The Mishnah means that normally, a garden is considered a place where people make a wall, so one neighbor can force the other;

1.Normally, a valley is considered a place where people don't make a wall, so one neighbor cannot force the other.

3)A SIGN PROVING THAT ONE BUILT THE WALL HIMSELF

(a)(Mishnah): If he wants to build the wall himself, he builds on his side, and makes a Chazis.

(b)Question: What is a Chazis?

(c)Version #1 - Answer (Rav Huna): He builds the top of the wall bent towards the neighbor.

1.Question: Why doesn't he build it leaning towards himself?

2.Answer: Also his neighbor could do so (and people would think that both built the wall).

3.Question: Also according to Rav Huna, perhaps the neighbor will cut off the Chazis and claim that he built half!

4.Answer: If it is cut, this is recognizable.

(d)Version #2 - Answer (Rav Huna): He builds the top of the wall bent towards himself.

1.Question: Why doesn't he build it leaning towards his neighbor?

2.Answer: His neighbor could cut it (and claim that he helped build the wall).

3.Question: Also according to Rav Huna, perhaps the neighbor will make a Chazis and claim that he built half!

4.Answer: If he does so (after the wall is already built), this is recognizable.

(e)Question: The Mishnah says that he makes a Chazis on the outside!

(f)This is left difficult. (end of Version #2)

(g)(R. Yochanan): To make a Chazis, one plasters a Tefach of the wall on the outside.

4b----------------------------------------4b

1.Question: Why doesn't he do so on the inside?

2.Answer: Also his neighbor could do so.

3.Question: Also according to R. Yochanan, perhaps the neighbor will peel off the Chazis!

4.Answer: That would be recognizable.

(h)Question: What sign can one make for a wall of Lulav branches?

(i)Answer #1 (Rav Nachman): He tilts the branches towards his neighbor.

1.Question: Why doesn't he tilt them towards himself?

2.Answer: Also his neighbor could do so.

3.Question: Also according to Rav Nachman, perhaps the neighbor will cut them!

4.Answer: He plasters them.

5.Question: The neighbor can peel it off!

6.Answer: This would be recognizable.

(j)Answer #2 (Abaye): No sign will help. He must write a document saying that he built the wall himself.

(k)(Mishnah): If they both build the wall (they build in the middle, and make signs on both sides).

(l)Question (Rava of Parzika): Neither should make a sign!

(m)Answer (Rav Ashi): The case is, one already made a sign;

1.If the other does not also, people will think that his neighbor built it himself.

(n)Question (Rava of Parzika): Does the Mishnah teach how to deal with liars?!

1.Counter-question: (Rav Ashi): Also the Reisha is an enactment due to liars!

2.Answer (Rava of Parzika): The Reisha teaches a law (if one wants to build himself, he builds on his property). Then, it teaches how to prevent the other side from lying;

i.The Seifa is no Chidush, that if both build together they build n the middle. Did it come only to teach how to deal with liars?

(o)Answer (Ravina): The Chidush of the Seifa is that a Chazis works on a Lulav wall, unlike Abaye.

4)A FIELD SURROUNDED BY A NEIGHBOR'S FIELDS

(a)(Mishnah): If Reuven's field was surrounded by Shimon's field on three sides and Shimon built walls on all three borders, Reuven need not share the cost;

(b)R. Yosi says, if he (we shall explain who) fenced the fourth side, Reuven must pay for everything (half of all the walls).

(c)(Gemara - Rav Yehudah): The Halachah follows R. Yosi, who says that if he fenced the fourth side, Reuven must pay for everything;

1.The law is the same whether Reuven or Shimon built the fourth wall.

(d)(Rav Huna): Reuven must pay half the cost of the wall built.

(e)(Chiya bar Rav): He pays half the cost of a cheap reed wall.

(f)(Mishnah): If Reuven's field was surrounded by Shimon's field on three sides and Shimon built walls on all three borders, Reuven need not share the cost.

(g)Inference: If Shimon fenced the fourth side, Reuven must pay.

(h)(Seifa - R. Yosi): If he fenced the fourth side, Reuven must pay for everything.

(i)According to Rav Huna, we understand the argument (when he fenced the fourth side) - Chachamim (the first Tana) obligate only the cost of a cheap reed wall, R. Yosi obligates half the cost of the wall built.

(j)Question: According to Chiya bar Rav, what do they argue about?

1.If Chachamim do not obligate the cost of reed walls, what must Reuven pay?

(k)Answer #1: The money he saves since he need not guard his field (because it is surrounded by walls).

(l)Answer #2: Reuven must share the cost of only the last wall.

(m)Answer #3: They argue about Reuven's liability if Shimon builds the fourth wall.

1.Version #1: Chachamim hold that if Reuven builds the fourth wall, he must share the cost of all the walls, but if Shimon builds the fourth wall, Reuven only shares the cost of the last wall;

2.R. Yosi holds that in either case, he must share the cost of all the walls.

3.Version #2: Chachamim hold that even if Shimon builds the fourth wall, Reuven must share the cost;

4.R. Yosi holds that if Reuven builds the fourth wall, he must share the cost of all the walls, for he shows that he wants walls around his property;

i.But if Shimon builds the fourth wall, Reuven does not pay anything.

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