1)

(a)What problem do we have (according to all the above explanations), with the Din in our Mishnah 'Mah she'Nasan Nasan, ve'she'Lo Lo Higi'o'?

(b)We answer this Kashya by quoting a Beraisa. What does Rebbi Yehudah Amar Rebbi Eliezer say there about a public who picked a path for themselves?

(c)In view of the fact that the public is not allowed to steal any more than an individual, how does Rav Gidal Amar Rav establish the case?

1)

(a)The problem with the Din in our Mishnah 'Mah she'Nasan Nasan, ve'she'Lo Lo Higi'o' (according to all the above explanations) is - why he cannot demand that they take back their path and return his (because it is a false sale).

(b)We answer this Kashya by quoting a Beraisa, where Rebbi Yehudah Amar Rebbi Eliezer says - that once the public have picked a path, it becomes theirs.

(c)In view of the fact that the public is not allowed to steal any more than an individual, Rav Gidal Amar establishes the case - where they already had a path, but its exact location became forgotten).

2)

(a)How does the current Din differ from the equivalent case where Reuven owned a path going through Shimon's field but forgot its exact location?

(b)What is the basis for this distinction?

(c)This explains why the public may take back their path. But why does the owner not receive his?

2)

(a)In the equivalent case, where Reuven owned a path going through Shimon's field but forgot its exact location, Reuven would have to obtain permission either from Shimon or from the Beis-Din before obtaining another one.

(b)The basis for this distinction is - the fact that one cannot take a public to a Din-Torah, giving them the virtual power of a Beis-Din in this matter.

(c)This explains why the public may take back their path. The reason that the owner does not receive his is - in the form of a penalty for giving the public a crooked path (according to the various interpretations).

3)

(a)How do we reconcile this answer with Rabah bar Rav Huna Amar Rav, who declares that the Halachah is not like Rebbi Eliezer?

(b)The assumption that if Rebbi Eliezer is speaking where the public lost a path in the field, it must be Halachah, is based on the Sugya in Kesuvos, where Admon and the Chachamim argue over a case where Reuven claims from Shimon the path that he lost through his field, when the latter, who surrounds him on all four sides, had purchased his four fields from four people. What would even the Chachamim hold in a case where Reuven was claiming his lost path through Shimon's single field?

(c)Seeing as, according to Rabah bar Rav Huna Amar Rav, Rebbi Eliezer is not speaking where the public lost a path in the owner's field, we base the ruling in our Mishnah 've'she'Lo Lo Higi'o' on a statement of Rav Yehudah Amar Rav. What does Rav Yehudah Amar Rav say about a piece of field that the public took possession of?

3)

(a)To reconcile this answer with Rabah bar Rav Huna Amar Rav, who declares that the Halachah is not like Rebbi Eliezer - we explain that he disagrees with Rav Yehudah Amar Rav's interpretation of Rebbi Eliezer; acording to him, Rebbi Eliezer is not speaking about a case where the public lost a path in that field (see Maharsha).

(b)The assumption that if Rebbi Eliezer is speaking when the public lost a path in the field, it must be Halachah is based on the in Kesuvos, where Admon and the Chachamim argue over a case where Reuven claims from Shimon the path that he lost through his field, when the latter, who surrounds him on all four sides, had purchased his four fields from four people. If Reuven was claiming his lost path through Shimon's single field - even the Rabbanan would concede that Shimon is obligated to give him one.

(c)Seeing as, according to Rabah bar Rav Huna Amar Rav, Rebbi Eliezer is not speaking where the public lost a path in the owners field, we base the ruling in our Mishnah 've'she'Lo Lo Higi'o' on a statement of Rav Yehudah Amar Rav, who rules that one is forbidden to spoil a piece of field that the public made theirs (even without the consent of the owner).

4)

(a)According to Rabah bar Rav Huna's interpretation of Rebbi Eliezer (that he is not speaking where the public forgot which path is theirs), what case is Rebbi Eliezer talking about?

(b)On what basis do they acquire it?

(c)This is based on a Beraisa, where Rebbi Eliezer specifically says that one acquires a field by walking its length and breadth. What do the Rabbanan say?

(d)How do we reconcile this with what we learned in Bava Kama that treading on the borders of a field is considered a Chazakah?

(e)Rebbi Eliezer learns his ruling from the Pasuk in Lech-L'cha, where Hash-m told Avraham "Kum His'halech ba'Aretz le'Orkah u'le'Rochbah". How do the Rabbanan counter his proof?

4)

(a)According to Rabah bar Rav Huna's interpretation of Rebbi Eliezer (that he is not speaking where the public forgot which path is theirs), the latter is talking about acquiring a field ...

(b)... which they acquire by walking its length and breadth.

(c)This is based on a Beraisa, where Rebbi Eliezer specifically says that. The Rabbanan maintain - that it is not walking that acquires land but a Kinyan Chazakah.

(d)The Gemara in Bava Kama that considers treading on the borders of a field is a Chazakah - is speaking (not about walking round the borders, but) - about trampling round the borders that one raised, with the intention of hardening the earth.

(e)Rebbi Eliezer derives his opinion from the Pasuk in Lech-L'cha, where Hash-m told Avraham "Kum His'halech ba'Aretz le'Orkah u'le'Rochbah". The Rabbanan counter - that Hash-m's instructions to Avraham were not for the purpose of acquiring the land, but based on Hash-m's love of Avraham, it was a symbolical act, a hint that his children should find it easy to capture.

5)

(a)What does Rebbi Yossi b'Rebbi Chanina say about acquiring a path that runs through a vineyard?

(b)Why is that?

(c)What instructions would Rav Yitzchak bar Ami give to someone who was selling a path that ran through a vineyard?

(d)How does Rabeinu Chananel establish Rav Yitzchak bar Ami?

5)

(a)According to Rebbi Yossi b'Rebbi Chanina - the Chachamim concede to Rebbi Eliezer - that one can acquire a path that runs through a vineyard with walking alone ...

(b)... because that is the sole function of the path (see Tosfos DH 'bi'Shevil').

(c)Rav Yitzchak bar Ami would instruct someone selling a path that ran through a vineyard - to make sure that it was sufficiently wide for the purchaser to carry a bundle of branches on his shoulders backwards and forwards without being hindered by the walls.

(d)Rabeinu Chananel establish Rav Yitzchak bar Ami - with regard to Reuven who lost a path in Shimon's field, and which the latter was now replacing.

6)

(a)How do we qualify Rav Yitzchak bar Ami's ruling? Under which circumstances will this not be necessary?

(b)What would be the logic to learn vice-versa?

(c)Then why do we decline to accept that explanation?

6)

(a)We qualify Rav Yitzchak bar Ami's ruling - by confining it to where there is a wall on either side of the path. Otherwise, what difference will the width of the path make?

(b)The logic to learn vice-versa would be - that if the path has walls on either side, then the width of the path will be pre-set (and the sale cut and dry).

(c)We decline to accept that explanation however - because if the seller sold a path S'tam, why should the fact that the path had walls, absolve him from the obligation of providing the purchaser with a proper path that was of use to him (see also Tosfos DH 've'Lo')?

7)

(a)We learned in our Mishnah 'Derech ha'Yachid Arba Amos'. Rav Huna however, rules like Acherim in a Beraisa. What minimum width does Acherim ascribe to a private path?

(b)Rav Huna also rules like the Daynei Golah, who give the Shiur as two and a half Gemadim? What is a 'Gamda'?

(c)Who were the Daynei Golah?

(d)The Beraisa defines the dimensions of the various 'Derachim'. The Tana reiterates the Shiurim of Derech ha'Rabim and Derech ha'Yachid (as defined in our Mishnah), adding that of Derech me'Ir le'Ir (eight Amos) and Derech Arei Miklat. Based on the Pasuk in Shoftim "Tachin Lecha ha'Derech", what is the width of Derech Arei Miklat?

7)

(a)We learned in our Mishnah 'Derech ha'Yachid Arba Amos. Rav Huna however, rules like Acherim in a Beraisa who ascribes to a private path is - a minimum width of what is required for a donkey to travel along the path carrying a load.

(b)Rav Huna also rules like the Daynei Golah, who give the Shiur as two and a half Gemadim - which is equivalent to two and a half Amos (according to some opinions, small-size Amos).

(c)The Daynei Golah were - Shmuel and Karna.

(d)Another Beraisa defines the dimensions of the various 'Derachim'. The Tana reiterates the Shiurim of Derech ha'Rabim and Derech ha'Yachid (as defined in our Mishnah), adding that of Derech me'Ir le'Ir (eight Amos) and Derech Arei Miklat. Based on the Pasuk "Tachin Lecha ha'Derech" (which he Darshens "Derech" 'ha'Derech'), the width of Derech Arei Miklat is - thirty-two Amos.

100b----------------------------------------100b

8)

(a)We learned in our Mishnah 'Derech ha'Kever Ein lo Shi'ur'. What is the reason for this?

(b)The Beraisa discusses someone who sells 'Kivro, Derech Kivro, Makom Ma'amado, u'Veis Hespedo'. What is the meaning of ...

1. ... 'Kivro'?

2. ... 'Makom Ma'amado'?

(c)What does the Tana say about such a case?

(d)What is the reason for this?

8)

(a)We learned in our Mishnah 'Derech ha'Kever Ein Lo Shi'ur' - because it is not Kavod ha'Meis to turn away some of those accompanying it for lack of space.

(b)The Beraisa discusses someone who sells 'Kivro, Derech Kivro, Makom Ma'amado, u'Veis Hespedo'.

1. ... 'Kivro' means - a cave (a family tomb), which will be described shortly.

2. ... 'Makom Ma'amado' is - the place where, on the way back from the burial, they would stop and sit and stand a number of times, as we shall soon see.

(c)The Tana rules in such a case - that we force the purchaser to sell it back and bury the deceased there, whether the former agrees or not.

(d)The reason for this is - because it is considered a 'P'gam Mishpachah' (a stain on the family name) not to own a tomb in which to bury their dead.

9)

(a)What does the Beraisa learn from the opening Pasuk in Koheles "Havel Havalim Amar Koheles Havel Havalim ha'Kol Havel"?

(b)Rav Ashi cites a Beraisa where Rebbi Yehudah presents this as what they used to do in Yehudah. What was the procedure during the Ma'amados and Moshavos? What did the officer in charge used to say as they practiced it?

(c)What purpose did the Ma'amados and Moshavos serve, besides that of comforting the mourners?

(d)The fact that this was a matter of Minhag indicates that is has nothing to do with frightening away the demons that accompany the mourners from the grave, as some suggest (since this would affect everybody). What other proof can we bring to refute that theory?

9)

(a)The Beraisa learns from the opening Pasuk in Koheles "Havel Havalim Amar Koheles Havel Havalim ha'Kol Havel" - that, corresponding to the seven 'Havalim' (each "Havalim" counts as two) one makes seven Ma'amados and Moshavos.

(b)Rav Ashi cites a Beraisa where Rebbi Yehudah presents this as what they used to do in Yehudah. The Minhag was to sit for a short time (after the officer in charge announced 'Sh'vu Yekarim Shavu'), and to get up and walk a little (after he announced 'Imdu Yekarim Amodu') seven times.

(c)The purpose of Ma'amados and Moshavos (besides that of comforting the mourners) was to increase the sadness and crying of the mourners, and to impress upon those present the futility of physical life per se (to encourage them to do Teshuvah).

(d)The fact that this was a matter of Minhag indicates that is has nothing to do with frightening away the demons that accompany the mourners from the grave, as others suggest (since this would effect everybody). And besides - that would have nothing to do with the "Havel Havalim" of Koheles, with which we just connected it.

10)

(a)What did the Rabbanan comment based on Rebbi Yehudah's statement?

(b)What did Rav Ivya do when his wife, the sister of Rami bar Para, died?

(c)Rav Yosef pointed out two errors on the part of Rav Ivya. Besides the fact that he arranged Ma'amados u'Moshavos for non-relatives (whereas it is normally reserved for relatives who are not mourners), what other mistake did he make?

10)

(a)Based on Rebbi Yehudah's statement, the Rabbanan commented - that if so, there was no reason not to perform Ma'amad and Moshav even on Shabbos (see Rabeinu Gershom).

(b)When the sister of Rami bar Papa, Rav Ivya's wife, died, Rav Ivya - arranged Ma'amad and Moshav after the burial.

(c)Rav Yosef pointed out two errors on the part of Rav Ivya. Besides the fact that he arranged Ma'amad u'Moshav for non-relatives (whereas it is normally reserved for relatives who are not mourners) - he also erred in that Ma'amad and Moshav are confined to the day of the burial, whereas he performed them on the following day.

11)

(a)According to Abaye, he also performed them in town and not in the Beis-Hak'varos, whereas according to Rava, he ought not to have performed them in that town in the first place. Why not?

(b)May one bury one's dead on Shabbos?

(c)Then how will Rav Yosef and Abaye explain the statement of the Chachamim in our Mishnah 'Im-kein Af be'Shabbos Mutar La'asos Kein'?

11)

(a)According to Abaye, he also performed them in town and not in the Beis-Hak'varos, whereas according to Rava, he ought not to have performed them in that town in the first place - because it was not the Minhag ha'Makom.

(b)It is not permitted to bury one's dead on Shabbos.

(c)Rav Yosef and Abaye will explain the statement of the Chachamim in our Mishnah 'Im-kein Af be'Shabbos Mutar La'asos Kein' - with regard to a town that is situated close to a Beis-Hakevaros, and where someone had been buried just before dusk on Erev Shabbos.

12)

(a)If Reuven undertakes to sell or dig a family burial ground for Shimon, how many caves would he have to dig leading from the central Chatzer, according to the Tana Kama?

(b)What are the measurements of ...

1. ... the Chatzer? Where exactly is it situated?

2. ... each cave? How deep down does he dig them?

(c)How many Kuchin does he dig in the walls of each cave? What is a Kuch?

(d)And what are the measurements of each Kuch?

12)

(a)If Reuven undertakes to sell or dig a family burial ground for Shimon, he will have to dig - two caves leading from the central Chatzer, four Amos below the surface, according to the Tana Kama.

(b)The measurements of ...

1. ... the Chatzer are - six by six Amos. The Chatzer is situated at ground level (and steps lead down to the caves on either side).

2. ... each cave are - six Amos by four Amos.

(c)He digs - eight Kuchin (horizontal graves) in the walls of each cave, three on either side and two at the end.

(d)Each Kuch mus be - four Amos long, seven Tefachim high (four, according to Rabeinu Gershom) and six Tefachim wide.

13)

(a)How do we account for the ...

1. ... three Kuchin in the two parallel six-Amah walls?

2. ... two Kuchin in the far four-Amah wall?

(b)Seeing as a dead person is generally three Amos tall, why did the Kuchin need to be four Amos?

(c)Why do the Kuchin need to be so high?

(d)What is the purpose of the Tefach space between the top of the Aron and the ceiling of the Kuch?

13)

(a)We account for the ...

1. ... three Kuchin in the two parallel six-Amah walls like this: One Amah each Kuch, an Amah space between the Kuchin, and half an Amah space at the outer extremities of the walls (before the first Kuch and after the last one). See also Hagahos ha'G'ra.

2. ... two Kuchin in the far four-Amah wall like this: One Amah each Kuch, an Amah between each Kuch and half an Amah at the beginning and at the outer extremities of the wall.

(b)Despite the fact that a dead person is generally three Amos tall, the Kuchin nevertheless needed to be four Amos - because of the Aron (coffin) in which he is lying when he is placed into the Kuch.

(c)The Kuchin need to be so high - a. in order to accommodate the Aron without undue difficulty, and b. to ensure that one Tefach space remains between the top of the Aron and the ceiling of the Kuch ...

(d)... to prevent someone walking on top of the cave from becoming Tamei (because of the principle 'Tum'ah Retzutzah Boka'as ve'Olah' [when there is no space between the coffin and the earth above it, the Tumah simply travels upwards and renders anyone in its path Tamei]).

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