Mishnah 1
1)
The Mishnah discusses partners who decide to put up a Mechitzah (partition) in what until now has been their joint Chatzer. What size Chatzer is the Tana talking about?
What is the significance of that size?
What is therefore the Halachic difference between this Chatzer and a larger one?
What does the Tana say about the location of the Mechitzah?
1)
The Mishnah discusses partners who decide to put up a Mechitzah (partition) in what until now has been their joint Chatzer (See Tos. Yom-Tov) - that is less than eight by four Amos ...
... which does not therefore stand to be divided (See Tos. Yom-Tov).
The Halachic difference between this Chatzer and a larger one is that - whereas in the current case, one partner cannot force the other to put up a Mechitzah, in the latter case, he can.
The Tana rules - that each partner is obligated to provide half the space of the Mechitzah (See Tos. Yom-Tov).
2)
Unless they both agree otherwise, they are obligated to build G'vil, Gazis, K'fisin or Leveinim, in accordance with the local custom. What is the difference between ...
... G'vil and Gazis?
... K'fisin and Leveinim?
What is the Mishnah coming to include when it adds 'ha'Kol ke'Minhag ha'Medinah'?
What must they nevertheless be careful to do?
On which principle is this based?
What is therefore the minimum size of all the Mechitzos?
2)
Concerning Unless they both agree otherwise, the Tana obligates them to build Gavil, Gazis, Kefisin or Leveinim, in accordance with the local custom ...
... Gavil are stones with rough edges that have not been filed down; Gazis are stones that have.
... Kefisin are half the size of Leveinim.
When the Mishnah adds 'ha'Kol ke'Minhag ha'Medinah', it is coming to include - where the Minhag is to build a partition of vine branches.
They must nevertheless be careful to - make sure that there are no gaps in the Mechitzah, which allow one of the partners to see what is going on on the other side ...
... because 'Hezek Re'iyah Sh'meih Hezek (Damage that is caused by looking is considered damage)'.
Consequently, the minimum size of all the partitions is - four Amos.
3)
Based on what we just learned, how much space must each partner provide when building a partition made of ...
... G'vil?
... Gazis?
... K'fisin?
... Leveinim?
Seeing as the width of an Ari'ach is one and a half Tefachim, how come that the width of the Mechitzah is four Tefachim, even wider than one made of K'fisin?
Nevertheless, why is the width of the Mechitzah four Tefachim and not three?
3)
Based on what we just learned, each partner provides, when building a partition made of ...
... Gavil - three Tefachim (See Tos. Yom-Tov).
... Gazis - two and a half Tefachim.
... Kefisin - two Tefachim.
... Leveinim - one and a half Tefachim.
In spite of the fact that the width of an Ari'ach is one and a half Tefachim, the width of the partition is four Tefachim, even wider than one made of Kefisin - because they use two Arichim and not just one.
And the width of the partition is four Tefachim and not three - because of the Tefach cement they put in the middle to join them together.
4)
What will the Din therefore be should the Mechitzah collapse?
One reason that the Mishnah finds it necessary to teach us this ruling concerns a case where all the bricks fall into the Chatzer of one of them. What is the other case where this is necessary?
What might we otherwise have thought?
4)
Consequently, should the partition collapse - each one takes half the space on which the wall stood and half the bricks.
One reason that the Mishnah finds it necessary to teach us this ruling is in a case where all the bricks fell into the Chatzer of one of them. The other case is - where one of the litigants swept all the bricks into his Chatzer.
We might otherwise have applied the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah', and that the one who has them in his possession is permitted to keep them.
Mishnah 2
5)
What does the Mishnah mean when it writes 've'Chein be'Ginah Makom she'Nahagu Ligedor'?
How about a valley (See (See Tos. Yom-Tov)?
What should Reuven do if he wants to build a Mechitzah in the valley and his partner Shimon does not? How does he ensure that the partition clearly is his exclusively?
Why specifically on the far side of the Mechitzah?
Then why are we not afraid that Shimon will simply peel off the lime?
5)
When the Mishnah writes 've'Chein be'Ginah Makom she'Nahagu Ligedor' it means that - a shared garden too, is a location where the Minhag S'tam is to build a Mechitzah (See Tos. Yom-Tov) ...
... whereas a valley (See Tos. Yom-Tov ') - is not (See Tos. Yom-Tov here and in the next Mishnah DH 'Ein Mechayvin osah').
If Reuven wants to build a Mechitzah in the valley (See Tos. Yom-Tov) and his partner Shimon does not, to ensure that the partition clearly is his exclusively - he makes a sign (a mark of lime) on the far side of the Mechitzah ...
... specifically on the far side - because otherwise, we are afraid that Shimon will do likewise on his side of the partition
We are not afraid however, that Shimon will simply peel off the lime - because if he does, it will be noticeable.
6)
What are the ramifications of his actions in the event that the Mechitzah collapses?
On the other hand, what should they do in the event that both of them agree to build a partition in a valley?
What will be the ramifications of this should the Mechitzah collapse?
6)
Consequently, in the event that the Mechitzah collapses - both the location of the Mechitzah and the bricks belong to him.
On the other hand, in the event that both of them agree to build a partition in a valley - then they each provide half the location and make the required Si'man, each one on his side of the Mechitzah (See Tos. Yom-Tov).
Should the Mechitzah therefore collapse - they share both the location of the Mechitzah and the bricks.
Mishnah 3
7)
In a case where Reuven, whose fields surround Shimon's on three sides, builds a brick wall between his fields and those of Shimon on one, two or three sides, why can he not demand that Shimon pays half the expenses?
What does the Tana Kama say about where he subsequently builds walls on the fourth side, too?
To what extent is Shimon obligated to comply with Reuven's request?
7)
In a case where Reuven, whose fields surround Shimon's on three sides, builds a brick wall between his fields and those of Shimon on one, two or three sides, he cannot demand that Shimon pays half the expenses - because he does not gain anything from what Reuven did, since his animals are still able to stray freely into Reuven's fields via the fourth side.
The Tana Kama rules that, if he subsequently builds walls on the fourth side too - then Shimon is obligated to retroactively share the costs of the other three sides as well ...
... though he is only obligated to pay for cheap walls consisting of canes.
8)
On what condition does Rebbi Yossi obligate Shimon to share the costs of the first three walls even if Reuven did not build the fourth wall?
How might the payment differ between this case and the previous case where Shimon builds the fourth wall?
What is the reason for Rebbi Yossi's ruling?
Like whom is the Halachah?
8)
Rebbi Yossi obligate Shimon to share the costs of the first three walls even if Reuven did not build the fourth wall - there where Shimon built it.
The payment might differ between this case and the previous case where Shimon builds the fourth wall however - where Shimon too, builds a brick wall, in which case he is obligated to share the cost of the three brick walls that Reuven built in full.
The reason for Rebbi Yossi's ruling is - because by building the fourth wall, Shimon reveals that he is pleased with the first three walls.
The Halachah is - like Rebbi Yossi.
Mishnah 4
9)
Up to what height is Reuven obligated to share the expenses of the collapsed wall of the Chatzer that he shares with Shimon?
Why specifically that height?
What if Reuven asks payment from Shimon, and the latter claims that he has already paid?
How can Reuven prove that Shimon has not yet paid?
What is the reason for this ruling?
9)
Reuven is obligated to pay half the expenses of the collapsed wall of the Chatzer that he shares with Shimon (See Tos. Yom-Tov) - up to the height of four Amos (See Tos. Yom-Tov DH 'Kosel') ...
... in order to protect Shimon from Hezek Re'iyah.
If Reuven asks payment from Shimon, and the latter claims that he has already paid - he is believed, unless Reuven can prove that he has not yet paid ...
... by bringing two witnesses - who testify that he claimed the money from Shimon, and that Shimon refused to pay.
The reason for this ruling is - because Shimon's obligation to share the costs is obvious, and Reuven would therefore not have built the wall out of his own pocket before taking him to Beis-Din and making sure that he pays half the costs (See also Tos. Yom-Tov).
10)
What if the wall was previously higher than four Amos and Reuven now wants to rebuild the wall to its former height?
On what condition will Shimon be Chayav to share the expenses of the new wall in full, even if it is higher that four Amos?
What if he did not actually join the two walls by building a joint roof on top?
What does the Tana rule in this case, if Reuven claims from him the expenses of the height above four Amos, and Shimon claims that he has already paid?
Why is that?
10)
If the wall was previously higher than four Amos and Reuven now wants to rebuild the wall to its former height - Shimon is not obligated to comply ...
... unless he himself builds a wall of the same height alongside it ...
... even if he did not actually join the two walls by building a joint roof on top.
In this case however, the Tana rules that, if Reuven claims from him the expenses of the height above four Amos, and Shimon claims that he has already paid - he is not believed (See Tos. Yom-Tov) unless he brings witnesses that he has ...
... since his obligation to pay was not initially obvious, in which case he would have been unlikely to have paid before Beis-Din obligated him to.
Mishnah 5
11)
The Tana Kama obligates every resident of a Chatzer to share the costs of a Beis-Sha'ar. What is a 'Beis-Sha'ar'?
What else does he obligate him to pay towards?
11)
The Tana Kama obligates every resident of a Chatzer to share the costs of a 'Beis-Sha'ar' - a small hut outside the gate where a guard prevents people from the street peeping into the Chatzer.
He also obligates him to pay towards - a door leading from the Chatzer to the street.
12)
What does Rabban Shimon ben Gamliel say? With which of these does he object?
What is an example of a Chatzer that does not require a Beis-Sha'ar?
On what grounds does the Tana Kama disagree with him?
12)
Rabban Shimon ben Gamliel maintains - that not every Chatzer require a Beis-Sha'ar.
An example of a Chatzer that does not is - one that does not open into a main street.
The Tana Kama disagrees with him - because sometimes the public will spill over from the main street into the Chatzer, even though the Chatzer is not right next to it.
13)
The Tana Kama also obligates every resident to share the cost of three things that a town needs. Two of them are a wall and gates. What is the third?
What does Rabban Shimon ben Gamliel say
What is an example of a town that does not require gates?
On what grounds does the Tana Kama disagree with him?
Like whom is the Halachah in both rulings?
13)
The Tana Kama also obligates every resident to share the cost of three things that a town needs, a wall, gates - and a bolt.
Here too, Rabban Shimon ben Gamliel maintains - that not every town requires a wall ...
An example of a town that does not require gates is - one that is situated far away from any enemies.
The Tana Kama disagrees with him - because sometimes as enemy will attack a town even from a distance.
The Halachah is - like the Tana Kama in both rulings (See Tos. Yom-Tov).
14)
How long must a person live in a town to be considered a resident?
On what condition is he considered a resident even before that?
14)
To be considered a resident, a person must live in a town for - at least twelve months.
He is considered a resident (See Tos. Yom-Tov) even before that however - if he buys a house before the year has expired,
Mishnah 6
15)
What is the minimum size of a Chatzer that one partner can force the other one to divide?
What is the significance of the four Amos that one needs to add to that?
According to the Tana Kama, the equivalent Shi'ur by a corn-field is one that yields eighteen Kabin (nine Kabin of corn for each partner and by a vegetable garden, one Kav (half a Kav for each partner). What does Rebbi ...
... Yehudah say about a field?
... Akiva say about a garden?
How is it that Rebbi Yehudah does not really argue with the Tana Kama?
What is the actual Halachah regarding the division of a field?
15)
The minimum size of a Chatzer that one partner can force the other one to divide (See Tos. Yom-Tov) - is eight Amos by four (so that each partner receives four square Amos).
The four Amos that one needs to add to that - comprises the space that each one needs in front of his section of Chatzer to unload his donkey.
According to the Tana Kama, the equivalent Shi'ur by a corn-field is one that yields eighteen Kabin (nine Kabin of corn for each partner (See Tos. Yom-Tov) and by a vegetable garden, one Kav (half a Kav for each partner). Rebbi ...
... Yehudah rules that a field must yield - nine half-Kabin (See Tos. Yom-Tov) for each partner.
... Akiva rules that a garden must yield - a quarter of a Kav (See Tos. Yom-Tov).
Rebbi Yehudah does not really argue with the Tana Kama - because where he lived, a field produced twice as much as a field in the areas where the Chachamim lived.
The actual Halachah regarding the division of a field is that - each partner receives an area that takes one day to plow or to plant (See Tos. Yom-Tov DH 've'Lo es ha'Sadeh').
16)
The Mishnah now discusses a list which begins with a T'raklin and a Moran. What do a 'T'raklin' and a 'Moran' have in common?
The list also includes a Shovach, a cloak a bathhouse and a Beis ha'Bad. What is ...
... a 'Shovach'?
... a 'Beis ha'Bad'?
What does the Tana say about them? On what condition can one partner force the other to divide them?
What is the practical application of this principle?
16)
The Mishnah now discusses a list which begins with a T'raklin and a Moran. 'T'raklin' and 'Moran' - are different kinds of mansions (according to the Aruch, 'Moran' is a small tower).
The list also includes a Shovach, a cloak a bathhouse and a Beis ha'Bad.
... 'Shovach' is - a dove-cot.
... 'Beis ha'Bad' - is an olive-press.
The Tana allows one partner to enforce a division, provided each partner receives something substantial.
Practically speaking, this means that - even after they have been divided, they still retain their original names (T'raklin, Moran and so on).
17)
Even though one partner cannot force the other partner to divide an article that is not fit to divide, he can say to him 'Gud O Agud!' What does this mean (See Tos. Yom-Tov)?
What if both partners agree to divide it?
When is this not permissible?
What is the definition of 'Kisvei ha'Kodesh'?
On what condition is even that permitted
17)
Even though one partner cannot force the other partner to divide an article that is not fit to divide, he can say to him 'Gud O Agud!' - 'Either you buy me out or I will buy you out!' (See Tos. Yom-Tov).
However, if both partners agree to divide it - then they are permitted to do so (See Tiferes Yisrael).
This is not permissible however - with regard to Kisvei ha'Kodesh (See Tos. Yom-Tov) ...
... Torah, Nevi'im and Kesuvim (See Tos. Yom-Tov).
Even that is permitted however - if they are written separately, each Seifer on its own piece of parchment (See Tos. Yom-Tov).
