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)ONE NEED NOT SUFFER TO HELP ANOTHER

(a)Reuven lived in the upper story of a house, and Shimon lived on bottom. The walls sank. Shimon suggested that they rebuild the house.

1.Reuven: I have no problem!

2.Shimon: I will destroy it and rebuild it myself.

3.Reuven: No. I would have no place to live in the meantime!

4.Shimon: I will rent a place for you.

5.Reuven: I don't want the bother of moving. If you bend down, you can use your house!

(b)(Rav Chama): Reuven's claim is accepted.

1.This is only if the roof is at least 10 Tefachim above the ground. If not, Reuven is occupying Shimon's domain.

2.This is only if they did not stipulate from the beginning (that if the wall falls, they must rebuild it).

(c)Question: If they had stipulated, how high do they rebuild it?

(d)Answer #1 (Mar Zutra brei d'Rav Nachman citing Rav Nachman): A Mishnah (about one who was contracted to build a house) teaches that it must be half the combined length and width of the house.

(e)Answer #2 (Rava citing Rav Nachman): It must be like people normally live.

(f)Question: How much is that?

(g)Answer: It is so that Shimon can enter with a load of long reeds and turn around.

(h)Levi was building a wall in back of Yehudah's window. Yehudah complained that this blocks his light.

1.Levi: I will seal your window and make a window for you above my wall.

2.Yehudah: No. That would weaken my wall.

3.Levi: I will destroy the top of your wall (until the window), and rebuild it with a window above my wall.

4.Yehudah: No. A wall that is half-new and half-old is not sturdy.

5.Levi: I will destroy the entire wall, and rebuild it with a window above my wall.

6.Yehudah: No. A house with a new wall and old walls is not sturdy.

7.Levi: I will destroy your house, and rebuild it.

8.Yehudah: No. I would have no place to live in the meantime!

9.Levi: I will rent a place for you.

10.Yehudah: I don't want the bother of moving!

(i)(Rav Chama): Yehudah's claim is accepted.

(j)Question: This is just like the previous case! (Why did we need to teach both?)

(k)Answer: Even if Yehudah uses his house only for storing straw and wood, his claim is accepted.

(l)Reuven and Shimon divided property; Reuven took a nice hall (that is open on one side). Shimon took the garden next to it, and he started building a wall in between.

1.Reuven: This will block my light!

2.Shimon: I build on my own property!

(m)(Rav Chama): Shimon's claim is accepted.

2)RIGHTS OF BROTHERS WHO DIVIDE AN INHERITANCE

(a)Question (Ravina): Why is this different than the following?

1.(Beraisa): If Levi and Yehudah divided an inheritance, and Levi took a vineyard, and Yehudah took a grain field, Levi may enter four Amos into Yehudah's field (to tend to his vines). This is an understood condition of the division.

(b)Answer (Rav Ashi): That is when Levi compensated Yehudah for the amount that a vineyard is worth more than a grain field.

(c)Question: This implies that Shimon did not get compensated. Is he a fool, to give up a hall and take a garden without compensation?!

(d)Answer: He was compensated for the extra bricks and beams that Reuven took. There was no compensation for rights to air and light.

(e)Question: Why can't Reuven say 'I compensated you on condition to receive a nice hall, not a dark room!'

(f)Answer (Rav Simi bar Aba): It is still called a hall, even if it is unlike standard halls.

1.(Beraisa): If Levi said to Yehudah 'I sell to you a Beis Kor (the area of land in which a Kor of seed is planted) of dirt (i.e. the entire area is farmable)', if people call it a Beis Kor, the sale stands, even if the area is only half of that;

i.This is because he sold a field called a Beis Kor.

2.If he said 'I sell to you a vineyard (or an orchard)', if people call it that, the sale stands, even if has no vines (or trees) (like above);

(g)Rejection: That is different!

1.There, the seller can say 'I sold to you something called a Beis Kor (or vineyard...)' Here, Reuven can say 'I took the hall on condition to live in it like our fathers did!

(h)Mar Yanuka and Mar Kashisha, sons of Rav Chisda: Rav Chama holds like Shmuel, who was also from Neharde'a;

7b----------------------------------------7b

1.(Rav Nachman citing Shmuel): If brothers split an inheritance, neither has any of the following rights: windows (to prevent the other from blocking light to them), to fix a ladder in the Chatzer (to get to an upper story), or to dig a trench through the other's field so that water will flow from the irrigation ditch.

2.(Rava): Brothers have such rights.

(i)Orphans had a loan document (of their father). A receipt said that it was paid.

(j)Rav Chama: We do not let the orphans collect, nor do we tear their document.

1.They do not collect, for perhaps it really was paid;

2.We do not tear their document. Perhaps when they grow up, they will show that the receipt is invalid.

(k)Question (Rav Acha brei d'Rava): Whom does the Halachah follow?

(l)Answer #1 (Ravina): The Halachah follows Rav Chama in all the above laws, except for the case of the receipt;

1.We do not suspect that witnesses would sign a false receipt.

(m)Answer #2 (Mar Zutra brei d'Rav Mari): Also here the Halachah follows Rav Chama. If it was a good receipt, it should have been seen in the father's lifetime!

1.Since it was not seen before, we suspect that it was forged.

3)OBLIGATIONS OF MEMBERS OF A CHATZER

(a)(Mishnah): Members of a Chatzer can force each other to build a Beis Sha'ar (a place for a watchman to stay, and to stop people from looking into the Chatzer) and a door for the Chatzer;

(b)R. Shimon ben Gamliel says, some Chatzeros are not fitting for a Beis Sha'ar.

(c)People of a city can force each other to build a wall with a door and bolt (to lock it);

(d)R. Shimon ben Gamliel says, some cities are not fitting for a wall.

(e)One who has lived in the city 12 months is considered a resident (and must contribute to city projects);

1.If he bought a dwelling, he is considered a resident immediately.

(f)(Gemara) Question: The Mishnah implies that a Beis Sha'ar is a good thing;

1.However, Eliyahu used to speak with a certain Chasid regularly, until the Chasid built a Beis Sha'ar (it muffles the cry of poor people asking for Tzedakah)!

(g)Answer #1: If it is in the Chatzer, it is bad. If it is outside (and has no door), it is good, (for it gives privacy, and the poor can enter and be heard).

(h)Answer #2: A Beis Sha'ar outside the Chatzer is bad if it has a door. It is good if it has no door.

(i)Answer #3: A Beis Sha'ar with a door outside the Chatzer is bad if the key is not there. It is good if the key is left there.

(j)Answer #4: A Beis Sha'ar with a door and key (outside the Chatzer) is bad if it can be opened only from the inside. It is good if a poor person can open it from the outside.

(k)(Mishnah): Members of a Chatzer can force each other to build a Beis Sha'ar and a door for the Chatzer.

(l)(Beraisa - R. Shimon ben Gamliel): A Chatzer is fitting for a Beis Sha'ar only if it is near the Reshus ha'Rabim.

1.Chachamim argue, because even if it is not close, sometimes the Reshus ha'Rabim is crowded, and people enter the Chatzer.

4)OBLIGATIONS OF RESIDENTS OF A CITY

(a)(Mishnah): People of a city can force each other...

(b)(Beraisa - R. Shimon ben Gamliel): A city is fitting for a wall only if it is close to the border (of Eretz Yisrael).

1.Chachamim argue, for even if it is not close, sometimes troops pass by.

(c)Version #1 - Question (R. Elazar): When they collect, does every person pay the same amount, or do people pay according to their wealth?

(d)Answer (R. Yochanan): They pay according to their wealth.

(e)Version #2 - Question (R. Elazar): When they collect, does one pay according to how close he is to the wall (one who is closer is in bigger danger; he needs it more), or do people pay according to their wealth?

(f)Answer (R. Yochanan): One pays according to how close he is to the wall.

(g)R. Yehudah Nesi'ah collected for needs of a wall. He said that Chachamim must also pay.

(h)(Reish Lakish): Chachamim do not need to be guarded (so they need not pay)!

1.Question: "Esperem me'Chol Yirbun" - who is more numerous than the sand?

i.It cannot be Tzadikim, for all of Yisrael is likened to the sand!

2.Answer: Rather, the deeds of Tzadikim are more numerous than the sand.

i.A small amount of sand is like a protecting wall surrounding the sea. All the more so, the deeds of Tzadikim protect them!

(i)(R. Yochanan): This is not the source! Rather, "Ani Chomah" refers to Torah; "v'Shodai ka'Migdalos" refers to Chachamim.

1.Reish Lakish did not learn from here, for he expounds like Rava.

2.(Rava): "Ani Chomah" refers to the congregation of Yisrael. "V'Shodai ka'Migdalos" refers to synagogues and Batei Medrash.

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