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) A ROOF NEXT TO A COURTYARD (Yerushalmi Halachah 1 Daf 1a)

אמר רבי יוחנן כופין בחצירות ואין כופין בגנות

(a) R. Yochanan: We force the other party for courtyards but not for gardens.

רבי נסה סבר מימר בחצר שהוא למעלה מן הגג אבל גג שהוא למעלה מן החצר כופין.

(b) R. Nasa suggested that (when R. Yochanan taught that we do not force for gardens, he was not referring to adjacent gardens. as there, one could certainly force the other; rather) he was referring to when a courtyard is above the level of the other party's roof, (as we are not concerned that the roof owner will lift himself up to peer into the courtyard, since his use of the roof is infrequent). However, if the roof is above the courtyard and the roof owner can easily peer into the courtyard, we force the roof owner to build.

ר' יוחנן סבר מימר בחצר שהוא למעלה מן הגג כופין אבל גג שהוא למעלה מן החצר אין כופין

(c) (However, the Gemara disagrees and says that) R. Yochanan suggested that if a courtyard is above the level of the other party's roof, we force the courtyard owner; if the roof is above the courtyard, we do not force the roof owner (since his use is infrequent).

OTHER D.A.F. RESOURCES ON THIS DAF