Mishnah 1
Hear the Mishnah

1)

(a)What does the Mishnah say about a two-story house belonging to two people that collapses? Who takes the wood, the bricks and the dust?

(b)How is it possible to determine who takes which bricks?

(c)Based on this premise, who takes the broken bricks if the house ...

1. ... cracked at the base and fell in its place?

2. ... fell outwards from the top?

(d)What is the reason for the latter ruling?

(e)Then why does the Tana say 'Sh'neihem Cholkim'?

1)

(a)The Mishnah rules that if a two-story house belonging to two people collapses - each takes half the wood, the bricks and the dust (See Tos. Yom-Tov).

(b)It is possible to determine who takes which bricks - by seeing which ones are broken.

(c)Based on this premise, if the house ...

1. ... cracked at the base and fell in its place - the owner of the lower apartment takes the broken bricks, whereas if it ...

2. ... fell outwards from the top - then it is the owner of the upper apartment who takes them.

(d)... because since they fell from a higher location, we can assume that they are the ones that broke.

(e)The Tana says 'Sh'neihem Cholkim' - because he is speaking where the house collapsed during the night and someone cleared up the bricks immediately (before they had a chance to determine how the wall fell.

2)

(a)On what condition does the Mishnah permit Reuven to take whole bricks as part of his share?

(b)On what grounds do we believe him?

(c)So why do we believe him even on those bricks which Shimon does not recognize?

(d)What Shevu'ah is Shimon Chayav to make?

2)

(a)The Mishnah permits Reuven (one of the owners) to take whole bricks as part of his share - if he recognizes them as belonging to him.

(b)We believe him - because it speaks further where Shimon admits to half his claim, but doesn't know about the other half.

(c)And the reason that we believe him even on those bricks which Shimon does not recognize - based on the principle that if someone is Chayav a Shevu'ah and is unable to swear, he has to pay.

(d)The Shevu'ah that Shimon is Chayav to make is - that of 'Modeh be'Miktzas' (admitting to part of the claim.

3)

(a)What does the Tana mean when he concludes 've'Olos lo min ha'Cheshbon' (See Tos. Yom-Tov)?

(b)What will be the Din if Shimon does not recognize any of the bricks?

3)

(a)When the Tana concludes 've'Olos lo min ha'Cheshbon', he means that - Shimon may now take the equivalent amount of bricks as Reuven took (See Tos. Yom-Tov).

(b)If Reuven does not recognizes any of the bricks - then he swears to that effect and they share all the bricks equally.

Mishnah 2
Hear the Mishnah

4)

(a)The Mishnah now discuses the case of a two-story house that 'belongs' (See Tos. Yom-Tov) to Reuven and Shimon where the floor of Shimon who resides in the upper apartment, has caved in, and Reuven ('the Ba'al ha'Bayis') refuses to fix it. What did Reuven stipulate when renting Shimon the apartment?

(b)How size gap now appears in Reuven's floor?

(c)What is therefore the problem?

(d)According to the Tana Kama, what does Shimon now have the right to do?

(e)Until when is he permitted to do so?

4)

(a)The Mishnah now discuses the case of a two-story house that 'belongs' (See Tos. Yom-Tov) to Reuven and Shimon, where the floor of Shimon who resides in the upper apartment, has caved in, and Reuven ('the Ba'al ha'Bayis') refuses to fix it (See Tos. Yom-Tov). The Mishnah is speaking where Reuven stipulated when renting Shimon the apartment - that he is renting him the apartment atop that of his own.

(b)The gap that now appears in Shimon's floor is - four by four Tefachim.

(c)The problem is that - Shimon is now forced to live partially upstairs and partially downstairs.

(d)According to the Tana Kama, Shimon now has the right - to move downstairs into Reuven's apartment (See Tos. Yom-Tov) ...

(e)... until such time as - Reuven repairs the attic (See Tos. Yom-Tov DH 'Amar Ba'al ha'Bayis').

5)

(a)On what grounds can Shimon force Reuven to comply?

(b)Rebbi Yossi maintains that although Reuven is obligated to provide Shimon with a new floor, Shimon must provide the cement. What is the basis of their Machlokes?

(c)Like whom is the Halachah?

5)

(a)Shimon can force Reuven to comply - since he was Mesha'bed his apartment to the upper one, as we learned earlier (See Tos. Yom-Tov DH 'Nifch'sah ha'Aliyah' & 'Harei Ba'al ha'Aliyah')).

(b)Rebbi Yossi maintains that although Reuven is obligated to provide Shimon with a new floor, Shimon must provide the cement. The basis of their Machlokes is - whether cementing is a process connected with filling in the holes (which is up to the tenant to perform [Rebbi Yossi]) or with fixing the ceiling, which is the job of the owner (the Tana Kama).

(c)The Halachah is - like the Tana Kama.

Mishnah 3
Hear the Mishnah

6)

(a)In a similar case, where a two-story house that belongs to Reuven and Shimon, but where the entire structure has collapsed, what does Shimon request of Reuven?

(b)What is the case this time?

(c)According to the Tana Kama, what does Shimon have the right to do should Reuven refuse to comply?

(d)Up to when is he allowed to remain on Reuven's property?

6)

(a)In a similar case, where a two-story house that belongs to Reuven and Shimon, but where the entire structure has collapsed, Shimon requests of Reuven - that he rebuilds the walls and the ceiling of his own house (See Tos. Yom-Tov).

(b)The case this time is - where each one owns his apartment.

(c)According to the Tana Kama, should Reuven refuse to comply - Shimon has the right to rebuild Reuven's apartment (See Tos. Yom-Tov) and live there ...

(d)... until Reuven reimburses him.

7)

(a)What is Rebbi Yehudah's objection to the current ruling?

(b)On which principle is it based?

(c)What does the Tana Kama hold?

(d)So what must Shimon do, according to Rebbi Yehudah?

(e)How does that solve the problem?

7)

(a)Rebbi Yehudah's objection to the current ruling is that - Shimon would then become obligated to pay Reuven rent, retroactively from the time he built the apartment ...

(b)... based on the principle - 'Zeh Neheneh ve'Zeh Lo Shasar, Chayav' (If Shimon benefits [in that he has no house of his own in which to live] and Reuven does not lose anything [since he anyway refuses to rebuild his apartment], he is obligated to pay).

(c)The Tana Kama holds - 'Zeh Neheneh ve'Zeh Lo Shasar, Patur'.

(d)Consequently, according to Rebbi Yehudah - Shimon must rebuild his apartment too, before living in the lower apartment (See Tos. Yom-Tov) ...

(e)... in which case, it is a matter of 'Zeh Lo Neheneh ve'Zeh Lo Chaser' (See final piece of Tos. Yom-Tov) and he is Patur even according to Rebbi Yehudah.

Mishnah 4
Hear the Mishnah

8)

(a)In a similar case to the previous one, what does Shimon own on top of a rock into which Reuven built his wine-press?

(b)What does the Mishnah allow Shimon to do if part of the rock caves in and Shimon refuses to build an archway over his wine-press to enable Shimon to re-plant his garden?

(c)How large must the gap be for this to be permitted?

8)

(a)In a similar case to the previous one, on top of a rock into which Reuven built his wine-press, Shimon owns (See Tos. Yom-Tov) - a garden.

(b)If part of the rock caves in and Shimon refuses to build an archway over his wine-press to enable Shimon to re-plant his garden, the Mishnah allows Shimon to - descend into the area of the wine-press and to plant his garden there (See Tos. Yom-Tov).

(c)In this case too, for this to be permitted, the gap must be - four by four Tefachim.

9)

(a)Why, if someone's wall or tree falls into the street and causes damage, is he Patur from paying.

(b)On what condition will he be Chayav to pay, if Beis-Din give him a time-limit to cut down the tree or to demolish the wall?

(c)How long do Beis-Din generally give a person in cases such as this?

9)

(a)If someone's wall or tree falls into the street and causes damage, he is Patur from paying - because, since there is nothing he could have done to prevent it, it is an Oneis (See Tos. Yom-Tov).

(b)He will be liable to pay, however, if Beis-Din give him a time-limit to cut down the tree or to demolish the wall - and they fall down and cause damage after the time-limit has expired (See Tos. Yom-Tov).

(c)In cases such as this - Beis-Din generally give a person thirty days.

Mishnah 5
Hear the Mishnah

10)

(a)What does the Mishnah say about a case where Reuven's wall falls into Shimon's garden (See Tos. Yom-Tov), and where, after being asked to remove his bricks, Reuven replies that Shimon can keep them?

(b)What if Shimon accepts the offer, and, after he has collected the bricks, Reuven offers to pay him his expenses and to return the bricks?

10)

(a)In a case where Reuven's wall falls into Shimon's garden (See Tos. Yom-Tov), and where after being asked to remove his bricks, Reuven replies that Shimon can keep them, the Mishnah rules that - Shimon is under no obligation to comply (See Tos. Yom-Tov).

(b)If Shimon accepts the offer, and, after he has collected the bricks (See Tos. Yom-Tov), Reuven offers to pay him his expenses and to return the bricks - Reuven may keep them.

11)

(a)What does the Tana say about a case where Reuven hires Shimon to work with straw or stubble, and when he finishes, he tells him to take the straw or stubble as payment for his work?

(b)Why do we not apply here the principle 'Shaveh Kesef ke'Kesef (movables to the value of the amount that must be paid is akin to money)'?

(c)How do we learn this from the Pasuk in Kedoshim "Lo Salin Pe'ulas Sachir ... "?

(d)What if, after Shimon has accepted Reuven's offer (See Tos. Yom-Tov), Reuven agrees to pay in cash and asks for the straw and the stubble?

11)

(a)The Tana rules, in a case where Reuven hires Shimon to work with straw or stubble, and when he finishes, he tells him to take the straw or stubble as payment for his work - that Shimon is entitled to demand remuneration is cash.

(b)The principle 'Shaveh Kesef ke'Kesef (movables to the value of the amount that must be paid is akin to money)' - does not apply to a hired worker ...

(c)... since the Pasuk writes in Kedoshim "Lo Salin Pe'ulas Sachir ... " - implying that he is obligated to pay according to the contract (which unless otherwise stated, is in cash).

(d)If, after Shimon has accepted Reuven's offer (See Tos. Yom-Tov), Reuven agrees to pay in cash and asks for the straw and the stubble - Shimon is entitled to refuse.

12)

(a)Is one permitted to take one's straw into the street to manufacture manure?

(b)How does the Tana describe the manner in which it should be manufactured?

(c)The Tana does not permit one to leave cement in the street to soak (See Tos. Yom-Tov). What does he say about mixing it?

(d)On what condition does he permit it?

12)

(a)One is permitted to take one's straw into the street to manufacture manure.

(b)In describing the manner in which it should be manufactured, the Tana explains that - the moment the dung is brought from the stable and placed in the street, the mixer must begin to manufacture the manure.

(c)The Tana does not permit one to leave cement in the street to soak (See Tos. Yom-Tov). He does however - permit mixing it ...

(d)... provided it is immediately placed on the building.

13)

(a)The Mishnah also forbids manufacturing bricks (See Tos. Yom-Tov) in the street to build in one's Chatzer. What does the Tana then mean when he states 'Aval Lo Leveinim' (See Tiferes Yisrael)?

(b)On what condition does the Tana Kama then permit a builder to build in the street?

(c)What if the bricks cause damage?

(d)What does Rabban Shimon ben Gamliel say?

(e)Like whom is the Halachah?

13)

(a)The Mishnah also forbids manufacturing bricks (See Tos. Yom-Tov) in the street to build in one's Chatzer. When the Tana then states 'Aval Lo Leveinim' (See Tiferes Yisrael), he means that - even to mix the cement there with the intention of manufacturing them in one's courtyard is forbidden.

(b)The Tana Kama does however, permit a builder to build in the street - as long as he places them on the building immediately.

(c)Nevertheless, should the bricks cause damage - he is obligated to pay.

(d)Rabban Shimon ben Gamliel - allows him thirty days to prepare the bricks, during which time he is Patur should they cause damage (See Tiferes Yisrael).

(e)The Halachah is - like the Tana Kama.

Mishnah 6
Hear the Mishnah

14)

(a)The Mishnah now discusses a case of two neighboring gardens, one higher than the other, with vegetables growing on the intervening wall, where Reuven owns the upper tier, and Shimon the lower one. What is now the problem?

(b)What is the basis of their dispute?

(c)Rebbi Meir upholds Reuven's claim. What does Rebbi Yehudah say?

14)

(a)The Mishnah now discusses a case of two neighboring gardens, one higher than the other, with vegetables growing on the intervening wall, where Reuven owns the upper tier, and Shimon the lower one. The problem is that - each one claims the vegetables ...

(b)... Reuven argues that they are growing from his earth, Shimon, that they are located in his air-space (See Tos. Yom-Tov).

(c)Rebbi Meir upholds Reuven's claim, Rebbi Yehudah - that of Shimon.

15)

(a)How does Rebbi Yehudah counter Rebbi Meir's contention that Reuven can argue that if he were to remove his earth, there would be no vegetables?

(b)And what does Rebbi Meir say to that?

(c)Rebbi Shimon makes a compromise. To what extent does he concur with Rebbi Meir?

(d)Why then, does he agree with Rebbi Yehudah's ruling beyond that point?

(e)Like whom is the Halachah?

15)

(a)Rebbi Yehudah counters Rebbi Meir's contention that Reuven can argue that if he were to remove his earth, there would be no vegetables by arguing that - if Shimon filled in his garden, there would be no vegetables either.

(b)Rebbi Meir replies - that at the end of the day, it is from Reuven's garden that they are growing.

(c)Rebbi Shimon makes a compromise, concurring with Rebbi Meir - up to the point where Reuven can reach with his hands and take the vegetables.

(d)Beyond that point, he agrees with Rebbi Yehudah's ruling - because Reuven, who would have to go down to gain Shimon's consent to enter his garden to pick his vegetables, will prefer to declare them Hefker.

(e)The Halachah is - like Rebbi Shimon.

HADRAN ALACH MASECHES BAVA METZI'A

D.A.F. TALMUD RESOURCES
FOR MASECHES BAVA METZIA