brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
Everyone must contribute toward he gates of the city including orphans, however Talmidei Chachamim are Patur because Talmidei Chachamim do not need protection.
Even Talmidei Chachamim must contribute toward the digging of the wells, however if the townspeople dig the wells themselves the Talmidei Chachamim are Patur because it is a disgrace for them.
When debris blocks the flow of water of a river the people who own the fields downstream must help the people who own fields upstream to clean out the debris next to their fields but not vice versa. (1)
The opposite is true regarding cleaning debris from a gutter that is designed to alleviate flooding from rainwater; the people who live in the upper part of the town must help clean the debris from the gutter in the lower part of town but not vice versa. (2)
Rav says if someone is Machzik on a field between two brothers or two partners it is a Chutzpa but we do not have the authority to take it away from him. (3)
R. Nachman says we do have the authority to take it from him but if the two neighbors are not brothers or neighbors we may not take it from him.
Nehardai says even if the two neighbors are not brothers or partners we may take it from him because of the Din of Bar Metzra because the Pasuk states that you shall do what is just and good. (4)
If someone consults with a Bar Metzra before buying a neighboring field and the Bar Metzra told him to go ahead and buy it Ravina holds the agreement is binding even without a Kinyan while Nehardai says a Kinyan must be made. (5)
The Halachah is that the buyer must make a Kinyan with the Bar Metzra and if no Kinyan was made and the field appreciated or depreciated it is considered to have appreciated or depreciated in the possession of the Bar Metzra and he must pay the buyer the exact sum that he paid for it.
If the field was worth two hundred and it was bought for a hundred if the owner would have sold it to anyone for a hundred the Bar Metzra pays him a hundred but if he would have sold it to others for two hundred he must pay him two hundred.
If the field was worth a hundred and it was bought for two hundred the Bar Metzra must pays him two hundred because there is no Ona'ah with Karka.
If someone buys a field in the middle of the fields of the seller if the field that he bought is different than the other fields of the seller the Bar Metzra may not take it from him but if not the Bar Metzra may take it. (6)
A Bar Metzra may only take a purchased field but not a field that is given as a gift, but if it was given with Achrayus the Bar Metzra may take it. (7)
If a person sells all of his fields to one person the Bar Metzra may not take any of the fields. (8)
If someone buys a field from a non-Jew the Din of Bar Metzra doesn't apply because he can say I chased a lion away for you.
If someone sells a field to a non-Jew the Din of Bar Metzra doesn't apply because a non-Jew doesn't do what is just and good, however the seller is excommunicated until he accepts on himself to pay for any Ones that occurs from the non-Jew.
If someone receives a field for a Mashkon the Din of Bar Metzra doesn't apply.
If someone is selling a field in order to buy with the proceeds a better field or a field that is more conveniently located the Din of Bar Metzra doesn't apply. (9)
If someone is selling a field in order to pay off taxes or to pay for the support of a widow or her daughters or for a burial the Din of Bar Metzra doesn't apply.
The property of orphans is sold without an auction for the purpose of paying off taxes or to pay for the support of a widow or her daughters or for a burial.
If someone sells land to a woman or to orphans or to his partner the Din of Bar Metzra doesn't apply.
If someone has the choice of selling his land to a neighbor who lives next to him or to someone who owns a neighboring field he shall sell it to a neighbor who lives near him (10)
If someone has the choice of selling his land to a neighbor or a relative or to a Talmid Chacham he shall sell it to the Talmid Chacham.
If someone has the choice of selling his land to a relative or a neighbor he shall sell it to a neighbor.
If a buyer and a Bar Metzra offer different types of money one offers heavier coins and the other offers coins that are more readily accepted as currency the Din of Bar Metzra doesn't apply.
If the Bar Metzra gave coins that are wrapped while the buyer gave loose coins the Din of Bar Metzra doesn't apply. (11)
If the Bar Metzra says I will go try and find money for the purchase Din of Bar Metzra doesn't apply.
If the Bar Metzra says I will go get the money for the purchase if he is wealthy and he has the money at hand he is given the rights to buy the field but if not Din of Bar Metzra doesn't apply.
If one person owns a house or a tree and another person owns the land where the house or tree is situated the owner of the land has first rights to buy the house or the tree but the owner of the house or tree doesn't have first rights to buy the land.
If someone wants to buy land to build a house and the Bar Metzra wants to buy the land for farming the Din of Bar Metzra doesn't apply.
If a rock or a row of tree are in between the field that is being sold and the field of the Bar Metzra if he could plant one row that extends from his field to the field that is being sold he has first rights to buy the field.
If there is more than one Bar Metzra and one of them buys it first he is Zocheh but of they all come to buy it together they divide the field between them.
A BIT MORE
1. If the debris is not cleared upstream the water will not flow downstream and therefore even the downstream people must help, however the upstream people do not have to help clean the debris downstream because if the river is blocked up downstream it doesn't hurt them; if anything it helps them because when there is a strong flow downstream there is less water upstream.
2. If the gutter is blocked in the lower part of town the upper part of town will be flooded but not vice versa.
3. At the time that Klal Yisrael was under the rule of the Persians there was a law that if someone doesn't pay his property tax his land is Hefker and anyone who is willing to pay the tax may be Machzik on the land and someone who is Machzik on land between brothers or partners it is a Chutzpa because he should have allowed the brothers or partner to take it however if he did take it he may keep it.
4. The Din of Bar Metzra gives the right to the owner of a neighboring field the first opportunity to buy the field.
5. Nehardai says without a Kinyan it is not binding because he can say I only told you to go ahead and buy it because if I would have bought it I would have been charged more since the owner knows I want the field very badly so therefore I wanted you to buy it and than I will compensate you for the money that you paid.
6. If the field is not different than the other fields of the seller it must be a deception on the part of the buyer that he bought the middle field and not the outer fields because he knew if he bought the outer fields the Bar Metzra would take it from him so therefore he bought the middle field and than he will subsequently buy the outer field and now that he is also a neighbor the Bar Metzra can't take it from him consequently since his intent is to deceive the neighbors they may take the middle land from him even though the other fields of the seller are in between their land and the land that he is buying.
7. Since it was given with Achrayus it must have been a sale not a gift because a person doesn't give a gift with Achrayus.
8. Because the Rabanan did not establish the Din of Bar Metzra if it is detrimental to the seller and in this case since he is selling all of his fields to the same person and if the Bar Metzra takes one of them the buyer may not want to buy any of them therefore the Takanah of Bar Metzra doesn't apply.
9. Since the seller wants to use the proceeds of the sale to buy another field if the purchase is delayed until the Bar Metzra comes up with the money to buy the field it might be too late for him to buy the field he wants to buy with the money and the Takanah of Bar Metzra doesn't apply if it is detrimental to the seller.
10. The person who owns the neighboring field is not a Bar Metzra because there is another field in between and therefore the Din of Bar Metzra doesn't apply however it is advisable to sell the field to the neighbor who lives near him.
11. The seller is afraid to unwrap the coins of the Bar Metzra because maybe he will claim that I gave you more coins than are really there.
If someone sells a field to a non-Jew the Din of Bar Metzra doesn't apply because a non-Jew doesn't do what is just and good, however the seller is excommunicated until he accepts on himself to pay for any Ones that occurs from the non-Jew. The Shitah Mekubetzes says that he is Patur from any Ones that occurs if he doesn't accepts on himself to pay since it is Gerama. However, he is excommunicated until he accepts responsibility to pay for any Ones that occurs. The same Din applies regarding any damage that a person causes by way of Gerama and he is excommunicated until he removes the cause of the damage or he agrees to pay for it. (Ra'avad and Ra'ah)
A PILE OF GRAIN
If two people want to buy a field and neither of them is a Bar Metzra if one of them is a resident of the city of the seller and one of them owns a neighboring field the resident of the city is first. If one of them is a relative and one of them is a Talmid Chacham the Talmid Chacham is first. If one of them is a neighbor and one of them is a Talmid Chacham the Talmid Chacham is first. If one of them is a neighbor and one of them is a relative the neighbor is first. If one of them buys it first even if he is not the one who has precedence the Kinyan is valid and the other one may not take it from him since he is not a Bar Metzra. Some say that a resident of the city of the seller only has precedence if he is a friend of the seller, but others disagree. (Shulchan Aruch CM 175:50)
Next Daf Index to Revach for Maseches Bava Metzia