1)INCREASING TRAFFIC IN THE CHATZER
(a)(Mishnah): If he bought a house in another Chatzer, he may not make an entrance to the joint Chatzer.
(b)Question: What is the reason?
(c)Answer: This would cause more people (i.e. those of the other Chatzer, who now have a shorter path) to walk through the joint Chatzer.
(d)Question (Seifa): He may add an interior room or a second story onto his house, and make the entrance to his house.
1.This will cause more people (tenants in the added room) to walk through the joint Chatzer!
(e)Answer (Rav Huna): He did not build onto his house, he merely split an existing room into two (an inner and outer room, or he built a ceiling at half the height of the room, splitting the room into a lower room and an upper story).
2)OPENINGS THAT REDUCE PRIVACY
(a)(Mishnah): One may not open a door opposite a door in a joint Chatzer, nor a window opposite a window;
1.He may not make an opening larger, nor split it into two.
(b)One may open a door opposite a door across a Reshus ha'Rabim, or a window opposite a window;
1.He may make an opening larger, or split it into two.
(c)(Gemara) Question: What is the source (of the first law)?
(d)Answer (R. Yochanan): "Va'Yar Es Yisrael Shochen li'Shvatav" - Bilam saw that the openings of their tents do not face each other;
1.This shows that they are worthy for the Divine Presence to rest on them.
(e)(Mishnah): He may not make an opening larger.
(f)(Rami bar Chama): This means, he may not enlarge an opening of four Amos to eight, for this would entitle him to a larger share of the Chatzer (when they will divide it, one gets an area (for unloading) for each opening, (no less than four Amos, up to) the length of the opening), but he may enlarge an opening of two Amos to four (since in any case he gets four Amos for it).
(g)Rejection (Rava): No. The partners in the Chatzer can say 'a larger opening decreases our privacy.
(h)(Mishnah): He may not split it into two.
(i)(Rami bar Chama): This means, he may not split an opening of four Amos into two openings of two each, for this would entitle him to a larger share of the Chatzer, but he may split an opening of eight Amos into two openings of four each.
(j)Rejection (Rava): Even though is forbidden. The partners in the Chatzer can say 'more openings decreases our privacy.'
(k)(Mishnah): One may open a door opposite a door across a Reshus ha'Rabim, or a window opposite a window.
(l)This is because in any case they have no privacy, for people are always walking by.
3)DAMAGE TO THE RESHUS HA'RABIM
(a)(Mishnah): One may not make a pit under a Reshus ha'Rabim;
(b)R. Eliezer permits this, if the cover can support a wagon laden with rocks.
(c)One may not extend ledges or balconies into a Reshus ha'Rabim;
1.He may recess his house from the Reshus ha'Rabim, and extend them up to the Reshus ha'Rabim.
(d)If one buys a Chatzer with ledges or balconies extending into the Reshus ha'Rabim, he has a Chazakah that these were built properly (according to the above law).
(e)(Gemara): The first Tana argues with R. Eliezer, for sometimes the cover will get weaker, and he (one who passes over) will not know (and it will collapse under him).
(f)(Mishnah): One may not extend ledges or balconies into a Reshus ha'Rabim.
(g)R. Ami had a ledge extending into a Mavuy (alleyway). Ploni had a ledge extending into the Reshus ha'Rabim. People complained that Ploni's ledge was impeding them.
1.R. Ami: You must remove it.
2.Ploni: Also you have a ledge that juts out!
3.R. Ami: My ledge extends into a Mavuy, and the people pardon it. Yours extends into a Reshus ha'Rabim. How will you get everyone's pardon?!
(h)R. Yanai had a tree whose foliage hung over a Reshus ha'Rabim. Also Almoni had such a tree. People complained that Almoni's tree was impeding them.
1.R. Yanai told Almoni to return tomorrow. That night, R. Yanai cut his foliage.
2.R. Yanai (the next day): You must cut the foliage.
3.Almoni: Also you have such a tree!
4.R. Yanai: If mine is cut, also you must cut yours.
(i)Question: Originally, R. Yanai did not cut his tree. Why did he change his mind?
(j)Answer: At first, he thought that people preferred the shade. When he heard that it impedes people, he cut it.
(k)Question: Why didn't he tell Almoni immediately to cut his tree?
(l)Answer: This was due to Reish Lakish's teaching;
1.(Reish Lakish): "Hiskosheshu va'Koshu" - first fix yourself, then correct others.
4)ONE WHO RECESSED HIS HOUSE
(a)(Mishnah): He may recess his house from the Reshus ha'Rabim, and extend (a ledge...)
(b)Question: If he recessed his house and did not extend, may he extend it later?
(c)Version #1 - Answer #1 (R. Yochanan): He may.
(d)Answer #2 (Reish Lakish): He may not.
(e)Version #2 (R. Yakov): All agree that he may extend. They argue whether he may return the walls (of his house) until the original border (between his property and the Reshus ha'Rabim).
(f)Answer #1 (R. Yochanan): He may not.
(g)Answer #2 (Reish Lakish): He may.
1.R. Yochanan holds like Rav Yehudah.
2.(Rav Yehudah): One may not ruin a path in which the public was Machazik.
3.Reish Lakish says that this does not apply here, for there enough room for people will remain (like before he recessed).
(h)(Mishnah): If one buys a Chatzer with ledges and balconies extending into the Reshus ha'Rabim, he has a Chazakah that these were built properly.
(i)(Rav Huna): If the ledges fell, he may rebuild them.
(j)Question (Beraisa): Due to mourning over the Churban, we may not plaster, or make pictures on the walls;
1.If one bought a plastered or pictured Chatzer, he may keep it that way. If it fell, he may not rebuild it like it was.
(k)Answer: That is an Isur; it is different. (The buyer must conduct like a mourner. A ledge is a monetary question. Since we assume that the seller recessed, the property belongs to the buyer).
5)MOURNING OVER THE CHURBAN
(a)(Beraisa): One may not plaster his house. If he mixed in sand or straw, it is permitted.
(b)R. Yehudah says, if he mixed in sand, this is Trachsid (cement), and it is forbidden. If he mixed in straw, it is permitted.
(c)(Beraisa): After the Churban, many Perushim (pious people) abstained from meat and wine.
1.R. Yehoshua: Why are you abstaining from meat and wine?
2.Perushim: How can we eat them? They used to be offered on the Altar, and now they are not!
3.R. Yehoshua: Nor should we eat bread! Also Menachos were offered, and now they are not!
4.Perushim: Indeed, we will not eat bread! We will eat other Peros to survive.
5.R. Yehoshua: Nor should we eat fruits (of the seven species)! Bikurim were offered from them, and now they are not!
6.Perushim: Indeed, we will not eat fruits of the seven species.
7.R. Yehoshua: Nor should we drink water! Water was offered on Sukos and now it is not!
8.The Perushim had no answer.
(d)R. Yehoshua: We must mourn, but we should not mourn too much;
1."Ba'Me'erah... Kove'im ha'Goy Kulo" - we do not make decrees that the congregation cannot endure.
(e)R. Yehoshua: Chachamim said that one may plaster his house, but he leaves a small amount unplastered.
1.Question: How much must he leave?
2.Answer (Rav Yosef): He leaves a square Amah.
3.(Rav Chisda): He leaves it opposite the entrance.
(f)One may make a lavish banquet, but he omits a small thing (that otherwise he would have served).
1.Question: What does he omit?
2.Answer (Rav Papa): He omits fish fried in its oil with flour.
(g)A woman may apply all her cosmetics, but she omits something small.
1.Question: What does she omit?
2.Answer (Rav): She does not apply plaster to her temples (to make the hair fall out - Rashbam; Rambam - she omits one ornament).
(h)Question: What does "Im Eshkachech Yerushalayim... Al Rosh Simchasi" refer to?
(i)Answer (R. Yitzchak): A Chasan puts ashes on his head.
(j)Question (Rav Papa): Where on the head does he put them?
(k)Answer (Abaye): He puts them in the place where Tefilin are worn - "Pe'er Tachas Efer."
(l)Everyone who mourns over Yerushalayim will merit to see its Simchah - "Simchu Es Yerushalayim... Kol ha'Mis'abelim Aleha."
(m)(Beraisa - R. Yishmael ben Elisha): After the Churban, we should have decreed not to eat meat and wine, but we do not make decrees that the congregation cannot endure;
(n)Romi seized power, and makes evil harsh decrees against us, impeding our Torah and Mitzvos. They do not let us go to circumcisions (some say - Yeshu'a ha'Ben (Aruch - redemption of a firstborn));
(o)Due to this, we should have decreed not to marry or have children, but then the seed of Avraham would die out;
1.It is better that Yisraelim not realize that it is improper to marry and have children, than that they should know and intentionally transgress.