The following Gem. has been disturbing me for the past few weeks. Perhaps you can help. The Gem on 6b brings a case of two people living in a house. One was living on the bottom floor and the other was living on the upper floor. The house starts sinking.
The argument goes so far that the 2nd floor dweller tells the 1st floor dweller that he himself is comfortable and as for you; "Crawl on your stomach to enter and crawl on your stomach to leave"! Even though he was offered a new house with all expenses paid!
How in the world does Rashi know that this is a case of 2 brothers?! The Gem doesn't say so. And the Rambam paskens this case the same as the Gem. even when regular people are involved.
Kol Tuv and Kesiva Vechasima to all.
alex lebovits, toronto, canada
This question is addressed in the Sefer Pirush l'Pirusho (Jerusalem 5728). The Gemara later (7a) says that the rule given in this case only applies where there has been no prior agreement between the two owners. The Pirush l'Pirusho explains that in the case of partners other than brothers who inherit their father, even if they did not make an agreement beforehand it is as if they did make such an agreement, because we know that normally partners would only agree to such a partnership if it was subject to such an agreement.
Dov Freedman