Rabah bar Rav Nachman saw a forest on the riverbank; people told him that it was Rabah bar Rav Huna's. He was appalled; he told them to cut it. (He did not know that Rabah did not need to cut it because a Nochri officer owned above and below him.)

Rabah bar bar Chanah saw them cutting it, and gave a curse that the cutter's children should die.

As long as Rabah bar bar Chanah lived, Rabah bar Rav Nachman's children did not survive.

(Rav Yehudah): Everyone must share the cost of the wall around the city, even orphans, but not Chachamim;

This is because Chachamim do not need protection.

Even Chachamim must share the cost of digging wells for water to drink;

This is when they hire people to dig. If the people themselves dig, Chachamim are exempt (it is not proper for them to dig).

(Rav Yehudah): When a river's flow is impeded by rocks and sediment, the people downstream must help excavate upstream (for this helps them), but the people upstream need not help excavate downstream (for this hurts them, the water level upstream decreases).

The law is just the opposite regarding a trench to enable excess rainwater to flow away. (The law is the opposite. The people upstream need that the water downstream can flow below, but people downstream do not need that water upstream can flow away.)

Support (Beraisa): If five gardens receive water from a spring, and it was impaired, every owner must help fix it (if the problem is) upstream (of himself);

The bottommost owner must help no matter where the problem is. If the problem is near him, he fixes it himself.

Similar reasoning applies to Chatzeros (with a trench for excess rainwater). If it was impaired, members of a Chatzer must help (if the problem is) downstream (of their Chatzer);

The top Chatzer must help no matter where the problem is; if it is regarding them, they fix it themselves.

(Shmuel): (Persian law is that one who pays taxes for property may use it.) If one pays taxes for the area where ships alight (and builds or farms on it), this is impudence, but we may not force him to leave;

Nowadays, they write in the contract that one who buys land by the river gets (the entire bank and) in the river itself up to where the water reaches a horse's neck (and they fence off the area near the bank, if one paid the taxes and took this land) we force him to leave. (Rashi - it belongs to the one who bought it; Tosfos - we decree lest he seize in the river and prevent ships from passing.)

(Rav Yehudah): If one paid the taxes and took the land between two brothers or partners, this is impudence (he should have allowed one of them to get it), but we do not force him to leave;

(Rav Nachman): We force him to leave;

If it is not between brothers or partners, but the neighbor wanted to buy it to adjoin it to his property (like the law of Bar Meitzra, that a neighbor has the right to buy land before anyone else), we do not force him to leave.

(Chachamim of Neharda'a): Even in this case, we force him to leave - "v'Asisa ha'Yashar veha'Tov b'Einei Hash-m."

Question: If Reuven asked Shimon's advice about buying the land next to Shimon and Shimon told him to buy it, must Reuven contractually acquire Shimon's prior Bar Metzra rights from Shimon (to prevent Shimon from later exercising his right to buy it)?

Answer #1 (Ravina): He need not acquire.

Answer #2 (Chachamim of Neharda'a): He must acquire.

The Halachah is, he must acquire.

Since he must acquire, if he did not acquire, (if Shimon will later say that he wanted it,) it is as if the land belonged to Shimon (from when Reuven bought it). Even if the value rose or dropped, Shimon pays Reuven exactly what Reuven paid for it.

If Reuven bought it for 100 and it was really worth 200: if the seller would have sold for 100 to anyone, Shimon pays 100;

If the seller would have charged anyone else 200, Shimon pays 200.

Opinion #1: If Reuven bought it for 200 and it was really worth 100, Shimon can say, you were like a Shali'ach to buy the land for me, but not to overpay! I need to pay you only 100.

Rejection (Mar Kashisha brei d'Rav Chisda): Chachamim of Neharda'a say that land is worth whatever one pays for it. (Shimon must pay 200.)

If Levi bought a small piece of land in the middle of Yehudah's property: if it was Idis (best quantity land) or Ziburis (worst quantity land), the sale is fully valid;

If not, we assume that it is a scheme (in order that when Yehudah later sells other parts of his land bordering on this piece, Levi will be considered a neighbor and will be entitled to buy half of it. Rashi - therefore, even the first sale is void; Rambam - therefore, Levi is not considered a neighbor for future sales).

The law of Bar Meitzra does not apply to a gift.

(Ameimar): If the giver accepted Achrayus, the law of Bar Meitzra applies. (Surely it is a sale disguised like a gift to avoid the law.)

If Reuven sold all his property to Shimon, the law of Bar Meitzra does not apply. (Perhaps Shimon will not want to buy if he cannot buy it all. Chachamim did not enact the law when it may harm the seller.)

If one sells property back to the original owner, the law of Bar Meitzra does not apply (it is better for him to get back his property than for a neighbor to get it).

If Reuven buys from or sells to a Nochri, the law of Bar Meitzra does not apply:

If Reuven bought from a Nochri, he greatly benefited Shimon (who borders on the land). He saved him from potential damage (perhaps another Nochri would have bought it before Shimon! Therefore, Reuven may keep it.)

If Reuven sold to a Nochri, the law does not apply. A Nochri is not commanded "v'Asisa ha'Yashar veha'Tov."

We excommunicate Reuven until he accepts to pay for any damages that the Nochri will cause.

If Levi took Yehudah's land to be Mashkanta (collateral for a loan) and then bought it, the law of Bar Meitzra does not apply.

(Rav Ashi): 'Mashkanta' - it is Shechuna (dwelling) by him.

Question: What do we learn from this?

Answer: The law of Bar Meitzra does not apply. (The lender is considered the closest neighbor.)

If Reuven sells land far from his house or poor land, in order to buy closer or better land, the law of Bar Meitzra does not apply (to what he buys. We do not hurt him to help the neighbors of the seller.)

If one sells land to get money for the head-tax, food or burial, the law of Bar Meitzra does not apply (these are urgent. He need not wait to inform the neighbors);

(Chachamim of Neharda'a): We sell orphans' property without waiting the normal time to announce this (to get the best price) to get money for the head-tax, food or burial.

If one sells to a woman, orphans or his partner, the law of Bar Meitzra does not apply. (It is hard for women and orphans to buy land. A partner is considered the closest neighbor, for he owned half.)

Version #1 (Rashi): If Reuven is selling a field, Shimon and Levi want to buy it (neither has the adjoining property). If Shimon's house (in the city) is near Reuven's house, and Levi's field is near Reuven's field, Shimon has precedence.

Version #2 (Tosfos): Reuven is selling a field, Shimon and Levi want to buy it (each owns an adjoining field). If Shimon's field borders the city and Levi's field is further from the city, Shimon has precedence.

(Rashi - also in the next cases are when the buyers do not have adjoining property. Tosfos ha'Rosh - they have adjoining property.)

If a neighbor and a Chacham want to buy, the Chacham has precedence. If a relative and a Chacham want to buy, the Chacham has precedence.

Question: If a relative and a neighbor want to buy, who has precedence?

Answer: "Tov Shachen Karov me'Ach Rachok".

If the neighbor offers bad coins and someone else offers good coins, the law of Bar Meitzra does not apply.

If the neighbor sent a wrapped and sealed bundle of coins to buy the land, and someone else sent loose coins, the law of Bar Meitzra does not apply (the seller fears to open the wrapped coins, lest the neighbor claim that there were more).

If the neighbor needs time to raise the money (and someone else has the money ready), the seller need not wait for him;

If the neighbor asks for time to bring the money, if we estimate that he may have the money already, we wait for him. If not, we do not.

If Reuven's house is built on Shimon's property, and Reuven sells his house, Shimon has first precedence to buy it;

If Shimon sells his land, Reuven does not have first precedence to buy (Rashi - since he does not own the house permanently; Rambam - the case is, Reuven's allotted time has expired).

If Reuven owns date trees on Shimon's land (for a fixed time or until they dry out), and Reuven sells his trees, Shimon has first precedence to buy;

If Shimon sells his land, Reuven does not have first precedence to buy.

If the neighbor wants to buy the land for farming and someone else wants to build a house on it, the law of Bar Meitzra does not apply (settlement has precedence);

If rocky land or a dense row of date trees separates between the neighbor and the land for sale, if one can plow a row (from one field to the other) without having to stop (due to the trees), the law of Bar Meitzra applies. If not, it does not.

If one of the four neighbors (on the four sides) bought first, he keeps the entire land;

If they come together to buy, we split the land along the diagonals, each neighbor gets the quarter bordering his property.