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)RAVINA AND RUNYA

(a)Ravina surrounded Runya on all four sides and asked for compensation; Runya refused to share even the cost of a reed fence or the savings of not having to guard his field. One day Runya fenced his date trees; Ravina asked his sharecropper to bring some of Runya's dates. Runya screamed.

1.Ravina: You show that you want your trees guarded. Without a wall, even goats could take the fruit!

2.Runya: It suffices to scream at goats to stop them from eating.

3.Ravina: You would have to hire a guard to scream at them!

4.Rava (to Runya): Give Ravina enough to satisfy him. If not, I will make you pay according to Rav Huna according to R. Yosi.

(b)Version #1 (Rashi): Runya bought a field bordering on Ravina's property; Ravina thought that he has first rights to buy it, due to the law of Bar Meitzra (when one sells land, the neighbor has first rights to buy it).

(c)(Rav Safra): The law of Bar Meitzra is due to "v'Asisa ha'Yashar v'Hatov b'Einei Hash-m." Runya is poor, so it is proper to let him buy it.

(d)Version #2 (R. Tam): Runya bought a field bordering on his field. It also bordered on three of Ravina's fields, which made Ravina think that he has precedence to buy it.

(e)(Rav Safra): It is just as advantageous for Runya to buy it as for you, therefore he keeps it.

(f)Version #3 (R. Avraham): Runya was Ravina's sharecropper. He bought a field bordering on Ravina's property. Ravina thought that he has first rights to buy it, due to the law of Bar Meitzra.

(g)(Rav Safra): Because he works your field, he is like one who borders on the property. He keeps what he bought.

2)IS ONE BELIEVED TO SAY THAT HE ALREADY PAID?

(a)(Mishnah): If the wall of a Chatzer fell, they must rebuild it to four Amos.

1.(If Reuven built it himself,) we assume that Shimon paid, unless Reuven can prove that Shimon did not pay.

(b)If the wall was originally more than four Amos, neither can force the other to rebuild it more than four Amos;

1.If Reuven built it more than four, and Shimon built a wall near it (fitting to put a ceiling resting on the two walls), even though he did not yet make the ceiling, Shimon must share the entire cost of the wall;

2.We assume that Shimon did not pay unless he can prove that he did.

(c)(Gemara - Reish Lakish): If Levi fixed a time to pay his debt to Yehudah, and claims that he paid within the time, he is not believed;

1.We are happy if people pay on time. We do not believe that he paid early!

(d)(Abaye and Rava): He is believed. Sometimes one gets the money and is eager to pay, lest he lose the opportunity!

5b----------------------------------------5b

(e)(Mishnah): We assume that Shimon paid, unless Reuven can prove that he did not pay.

(f)Question: What is the case?

1.If he says that he paid in the proper time, obviously, we assume that he did!

(g)Answer: Rather, he says that he paid before he had to.

1.This teaches that one does pay before the proper time!

(h)Rejection: This case is different, because he cannot wait to pay. The payment is due for each row of bricks when it is built!

(i)(Seifa): We assume that Shimon did not pay unless he can prove that he did.

(j)Question: What is the case?

1.If he says that he paid in the proper time, he should be believed!

(k)Answer: Rather, he says that he paid before he had to.

1.This teaches that one does not pay before the proper time!

(l)Rejection: This case is different. Because he does not think that he must pay, he would not pay early.

(m)In practice, Rav Papa and Rav Huna brei d'Rav Yehoshua ruled like Abaye and Rava;

(n)Mar bar Rav Ashi ruled like Reish Lakish.

1.The Halachah follows Reish Lakish;

(o)We apply the Chazakah even against orphans. (If a man died before the time to pay his debt, the lender collects from the orphans without swearing.)

1.Normally, one does not collect from orphans without swearing. This is an exception, for Chazakah says that a man does not pay before the time.

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