Search

Bava Batra 5

Want to dedicate learning? Get started here:

podcast placeholder
0:00
0:00



Summary

Seder Nezikin Kit – Order Form

Bava Batra bookmark

Ravina’s property surrounded Runia’s property on all four sides and Ravina put up a fence and insisted that Runia share in the cost, based on the ruling in the Mishna. Runia did not want to pay. They brought the case in front of Rava who ruled that Runia needed to pay at least the amount of money it would have cost him to bring a guard to protect the property. In another incident, Runia brought property adjacent to Ravina’s field and Ravina wanted to kick him off the land and buy the property himself based on the law of dina d’bar metzra, that the person living adjacent to a property can insist on purchasing the field and takes priority to any other buyer. Rav Safra told him to let Runia have the property as Runia needed the land more than Ravina did. If a wall dividing a courtyard of two neighbors falls, even if the wall was higher before it fell, the minimum height needed to rebuild is four cubits. If one neighbor wants to rebuild the wall at its original height, they cannot insist that the other neighbor pay half. However, if the neighbor who does not want to pay to make the wall higher, builds an inner wall and plans to attach a roof from the high dividing wall to the new inner wall, that neighbor has shown that the high wall serves their needs and has to share the cost. If there is a debate between neighbors about whether one paid the other for the cost of the wall, who is believed? On what does it depend? Reish Lakish disagrees with Abaye and Rava regarding a case where the creditor and borrower each claim before the date the loan was due that the loan was/was not repaid. Reish Lakish assumes that people do not pay before the date it is due and therefore the borrower is not believed. Abaye and Rava trust the borrower’s claim. First, a section of our Mishna is brought to raise a difficulty against Reish Lakish’s position and then the next section is brought to raise a question on Abaye and Rava’s position, but each difficulty is resolved. The Gemara concludes that we hold like Reish Lakish and even a creditor collecting a debt from orphans can collect without taking an oath, if the father died before the loan’s due date.

Today’s daily daf tools:

Bava Batra 5

רוּנְיָא, אַקְּפֵיהּ רָבִינָא מֵאַרְבַּע רוּחוֹתָיו. אֲמַר לֵיהּ: ״הַב לִי כַּמָּה דִּגְדַרִי״, לָא יְהֵיב לֵיהּ. ״הַב לִי לְפִי קָנִים בְּזוֹל״, לָא יְהֵיב לֵיהּ. ״הַב לִי אֲגַר נְטִירוּתָא״, לָא יְהֵיב לֵיהּ.

It is related that a man named Ronya had a field that was surrounded by fields belonging to Ravina on all four sides. Ravina built partitions around his fields and said to him: Give me your share of the expense in accordance with what I actually spent when I built the partitions, i.e., half the cost of the partitions. Ronya did not give it to him. Ravina said to him: Give me then at least your share of the expense in accordance with a reduced assessment of the price of reeds. Ronya did not give it to him. Ravina said to him: Give me then at least the wage of a watchman. But he did not give even this to him.

יוֹמָא חַד הֲוָה קָא גָדֵר דִּיקְלֵי, אֲמַר לֵיהּ לַאֲרִיסֵיהּ: זִיל שְׁקוֹל מִנֵּיהּ קִיבּוּרָא דַאֲהִינֵי. אֲזַל לְאֵתוֹיֵי, רְמָא בֵּיהּ קָלָא. אֲמַר לֵיהּ: גַּלִּית דַּעְתָּךְ דְּמִינַּח נִיחָא לָךְ; לָא יְהֵא אֶלָּא עִיזָּא בְּעָלְמָא, מִי לָא בָּעֵי נְטִירוּתָא? אֲמַר לֵיהּ: עִיזָּא בְּעָלְמָא, לָאו לְאַכְלוֹיֵי בָּעֲיָא? אֲמַר לֵיהּ: וְלָא גַּבְרָא בָּעֵית דְּמַיכְלֵי לַהּ?

One day, Ronya was harvesting dates. Ravina said to his sharecropper: Go take a cluster [kibbura] of dates from him. The sharecropper went to bring them, but Ronya raised his voice at him in protest, whereupon Ravina said to him: You have revealed that you are pleased with the partitions and the protection that they provide you. Even if it were only a goat that entered your field, wouldn’t the field need safeguarding, to prevent the goat from eating the dates? Ronya said to him: If it were only a goat, doesn’t one need merely to chase it away [le’akhluyei]? No partition is required. Ravina said to him: But wouldn’t you need a man to chase the goat away? Pay me then at least the wage of a watchman.

אֲתָא לְקַמֵּיהּ דְּרָבָא, אֲמַר לֵיהּ: זִיל פַּיְּיסֵיהּ בְּמַאי דְּאִיפַּיַּיס; וְאִי לָא, דָּאֵינְנָא לָךְ דִּינָא כְּרַב הוּנָא אַלִּיבָּא דְּרַבִּי יוֹסֵי.

Ravina came before Rava to adjudicate the matter. Rava said to Ronya: Go appease Ravina with what he expressed his willingness to be appeased with, namely, the wage of a watchman. And if not, I will judge you in accordance with the ruling of Rav Huna in accordance with the opinion of Rabbi Yosei, and you will be required to pay half the cost of the partition based on what Ravina actually spent on it.

רוּנְיָא זְבֵן אַרְעָא אַמִּיצְרָא דְּרָבִינָא. סְבַר רָבִינָא לְסַלּוֹקֵי מִשּׁוּם דִּינָא דְּבַר מִצְרָא; אֲמַר לֵיהּ רַב סָפְרָא בְּרֵיהּ דְּרַב יֵיבָא לְרָבִינָא, אָמְרִי אִינָשֵׁי: אַרְבְּעָה לְצַלָּא, אַרְבְּעָה לְצַלָּלָא.

Incidental to that episode, the Gemara relates another encounter between Ravina and Ronya. Ronya once bought land adjoining property belonging to Ravina. Ravina considered removing him due to the halakha of one whose field borders the field of his neighbor. When land is up for sale, the owners of the adjoining fields have the right of first refusal. If one of the neighbors is willing to match the highest price being offered to the seller, that neighbor has the preemptive right to purchase the property, and if somebody else buys it, that buyer can be removed. Since Ravina owned the adjacent property, he thought that he enjoyed the right of first refusal. Rav Safra, son of Rav Yeiva, said to Ravina: People say: Four dinars for a large hide [tzalla], four for a small hide [tzelala]. Since Ronya also owned land bordering the desired parcel, you cannot remove him even though his plot of land is smaller than yours.

מַתְנִי׳ כּוֹתֶל חָצֵר שֶׁנָּפַל – מְחַיְּיבִין אוֹתוֹ לִבְנוֹתוֹ עַד אַרְבַּע אַמּוֹת. בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתַן.

MISHNA: In the case of a dividing wall in a jointly owned courtyard that fell, if one of the owners wishes to rebuild the wall, the court obligates the other owner to build the wall with him up to a height of four cubits. If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless presumed to have given his share of the money, unless the claimant brings proof that the other did not give his part.

מֵאַרְבַּע אַמּוֹת וּלְמַעְלָן – אֵין מְחַיְּיבִין אוֹתוֹ. סָמַךְ לוֹ כּוֹתֶל אַחֵר, אַף עַל פִּי שֶׁלֹּא נָתַן עָלָיו אֶת הַתִּקְרָה – מְגַלְגְּלִין עָלָיו אֶת הַכֹּל. בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתַן.

The court does not obligate the reluctant neighbor to contribute to the building of the wall higher than four cubits. But if the reluctant neighbor built another wall close to the wall that had been built higher than four cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. Since he has demonstrated his desire to make use of what his neighbor built, he must participate in the cost of its construction. If the builder of the first wall later claims that he did not receive payment from his neighbor, the neighbor is presumed not to have given his share of the money, unless he brings proof that he did in fact give money for the building of the wall.

גְּמָ׳ אָמַר רֵישׁ לָקִישׁ: הַקּוֹבֵעַ זְמַן לַחֲבֵירוֹ, וְאָמַר לוֹ: ״פְּרַעְתִּיךָ בְּתוֹךְ זְמַנִּי״ – אֵינוֹ נֶאֱמָן; וּלְוַאי שֶׁיִּפְרַע בִּזְמַנּוֹ. אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַיְיהוּ: עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ – זִימְנִין דְּמִתְרְמוּ לֵיהּ זוּזֵי, אָמַר: אֵיזִיל אֶיפְרְעֵיהּ,

GEMARA: Reish Lakish says: If a lender set a time for another to repay the loan that he had extended to him and when the debt came due the borrower said to the lender: I already repaid you within the time, he is not deemed credible, as people do not ordinarily repay their debts before they are due. The lender would be happy if the borrower would only repay his debt on time. Abaye and Rava disagree with Reish Lakish, as they both say: A person is apt to repay his debt within its time, i.e., before it is due. This is because sometimes he happens to have money and the borrower says to himself: I will go and repay my debt

כִּי הֵיכִי דְּלָא לִיטְרְדַן.

so that he will not trouble me later by constantly demanding the money.

תְּנַן: – בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתַן.

The Gemara attempts to bring a proof in support of the opinion of Abaye and Rava from what we learned in the mishna (5a): If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless presumed to have given his share of the money, unless the claimant brings proof that the other did not give his part.

הֵיכִי דָמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, פְּשִׁיטָא בְּחֶזְקַת שֶׁנָּתַן! אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא עֲבִיד אִינִישׁ דְּפָרְעֵיהּ בְּתוֹךְ זִמְנֵיהּ! שָׁאנֵי הָכָא, דְּכׇל שָׂפָא וְשָׂפָא זִימְנֵיהּ הוּא.

The Gemara clarifies the matter: What are the circumstances of the case under discussion? If we say that he said to him: I paid you at the time when the payment became due, when the wall was completed, it is obvious that he is presumed to have given his part. Rather, is it not that he said to him: I paid you within the time before the payment became due, while the wall was still under construction? And with regard to such a case the mishna states that he is presumed to have given his share. Apparently, a person is apt to repay his debt within its time, in accordance with the opinion of Abaye and Rava. The Gemara rejects this proof: Here it is different, because the time to pay is upon the completion of each and every row. Payment does not become due specifically at the completion of the entire wall.

תָּא שְׁמַע: בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתַן.

The Gemara further suggests: Come and hear a proof in support of the opinion of Reish Lakish from the continuation of the mishna (5a): The court does not obligate the reluctant neighbor to contribute to the building of the wall higher than four cubits. But if the reluctant neighbor built another wall close to the wall that had been built higher than four cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. If the builder of the first wall later claims he did not receive payment from his neighbor, the neighbor is presumed not to have given his share of the money, unless he brings proof that he did in fact give money for the building of the wall.

הֵיכִי דָּמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, אַמַּאי לָא? אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ! שָׁאנֵי הָכָא, דְּאָמַר: מִי יֵימַר דִּמְחַיְּיבוּ לִי רַבָּנַן.

The Gemara clarifies the matter: What are the circumstances of the case under discussion? If we say that he said to him: I paid you at the time that the payment became due, when the wall was completed, why is he not deemed credible? Rather, is it not that he said to him: I paid you within the time before the payment became due, and therefore he is not deemed credible? Apparently, a person is not apt to repay his debt within its time, in accordance with the opinion of Reish Lakish. The Gemara rejects this proof: Here it is different, since the reluctant neighbor says: Who says that the Rabbis will obligate me to pay for this wall? In such a case he certainly does not pay before the payment becomes due.

רַב פָּפָּא וְרַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ עָבְדִי כְּאַבַּיֵּי וְרָבָא. מָר בַּר רַב אָשֵׁי עָבֵד כְּרֵישׁ לָקִישׁ. וְהִלְכְתָא כְּרֵישׁ לָקִישׁ, וַאֲפִילּוּ מִיַּתְמֵי; וְאַף עַל גַּב דְּאָמַר מָר: הַבָּא לִיפָּרַע מִנִּכְסֵי יְתוֹמִים – לֹא יִפָּרַע אֶלָּא בִּשְׁבוּעָה; חֲזָקָה: לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ.

Rav Pappa and Rav Huna, son of Rav Yehoshua, acted in such a case in accordance with the opinion of Abaye and Rava. Mar bar Rav Ashi acted in accordance with the opinion of Reish Lakish. The Gemara concludes: And the halakha is in accordance with the opinion of Reish Lakish that one is not deemed credible when he says that he repaid a loan before it became due. And if the debtor dies, the court collects payment even from his orphans based on this assumption. And even though the Master said that one who comes to collect money from the property of orphans cannot collect unless he first takes an oath that he did not already collect the debt from the deceased, here he can collect without taking an oath because there is a presumption that a person is not apt to repay his debt within its time.

אִיבַּעְיָא לְהוּ: תְּבָעוֹ לְאַחַר זְמַן, וְאָמַר לוֹ: ״פְּרַעְתִּיךָ בְּתוֹךְ זְמַנִּי״, מַהוּ? מִי אָמְרִינַן: בִּמְקוֹם חֲזָקָה – אָמְרִינַן ״מַה לִּי לְשַׁקֵּר״;

A dilemma was raised before the Sages: What is the halakha if the lender stipulated a time with the borrower for repayment of the debt, and he demanded payment of the money after the time that the payment became due had passed, and the borrower said to him: I already repaid you within the time before the payment became due? Do we say that even where there is a presumption against someone’s claim, as in this case where there is a presumption that people do not pay their debts before they become due, we say that the borrower can claim: Why would I lie? If one of the litigants could have advanced a claim more advantageous to his cause than the one he actually did, the assumption is that he is telling the truth. Consequently, in this case had the borrower wished to lie, he could have said that he repaid his debt when it became due, and he would have been deemed credible. Therefore, when he claims that he repaid it before it came due he should also be deemed credible.

Today’s daily daf tools:

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.

Linda Brownstein
Linda Brownstein

Mitspe, Israel

While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Meryll Page

Minneapolis, MN, United States

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

See video

Susan Fisher
Susan Fisher

Raanana, Israel

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.

Beth Elster
Beth Elster

Irvine, United States

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.

Rookie Billet
Rookie Billet

Jerusalem, Israel

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.

Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.

Carolyn Hochstadter and Margo Kossoff Shizgal
Carolyn Hochstadter and Margo Kossoff Shizgal

Merion Station,  USA

Beit Shemesh, Israel

I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.

Gitta Jaroslawicz-Neufeld
Gitta Jaroslawicz-Neufeld

Far Rockaway, United States

Bava Batra 5

רוּנְיָא, אַקְּפֵיהּ רָבִינָא מֵאַרְבַּע רוּחוֹתָיו. אֲמַר לֵיהּ: ״הַב לִי כַּמָּה דִּגְדַרִי״, לָא יְהֵיב לֵיהּ. ״הַב לִי לְפִי קָנִים בְּזוֹל״, לָא יְהֵיב לֵיהּ. ״הַב לִי אֲגַר נְטִירוּתָא״, לָא יְהֵיב לֵיהּ.

It is related that a man named Ronya had a field that was surrounded by fields belonging to Ravina on all four sides. Ravina built partitions around his fields and said to him: Give me your share of the expense in accordance with what I actually spent when I built the partitions, i.e., half the cost of the partitions. Ronya did not give it to him. Ravina said to him: Give me then at least your share of the expense in accordance with a reduced assessment of the price of reeds. Ronya did not give it to him. Ravina said to him: Give me then at least the wage of a watchman. But he did not give even this to him.

יוֹמָא חַד הֲוָה קָא גָדֵר דִּיקְלֵי, אֲמַר לֵיהּ לַאֲרִיסֵיהּ: זִיל שְׁקוֹל מִנֵּיהּ קִיבּוּרָא דַאֲהִינֵי. אֲזַל לְאֵתוֹיֵי, רְמָא בֵּיהּ קָלָא. אֲמַר לֵיהּ: גַּלִּית דַּעְתָּךְ דְּמִינַּח נִיחָא לָךְ; לָא יְהֵא אֶלָּא עִיזָּא בְּעָלְמָא, מִי לָא בָּעֵי נְטִירוּתָא? אֲמַר לֵיהּ: עִיזָּא בְּעָלְמָא, לָאו לְאַכְלוֹיֵי בָּעֲיָא? אֲמַר לֵיהּ: וְלָא גַּבְרָא בָּעֵית דְּמַיכְלֵי לַהּ?

One day, Ronya was harvesting dates. Ravina said to his sharecropper: Go take a cluster [kibbura] of dates from him. The sharecropper went to bring them, but Ronya raised his voice at him in protest, whereupon Ravina said to him: You have revealed that you are pleased with the partitions and the protection that they provide you. Even if it were only a goat that entered your field, wouldn’t the field need safeguarding, to prevent the goat from eating the dates? Ronya said to him: If it were only a goat, doesn’t one need merely to chase it away [le’akhluyei]? No partition is required. Ravina said to him: But wouldn’t you need a man to chase the goat away? Pay me then at least the wage of a watchman.

אֲתָא לְקַמֵּיהּ דְּרָבָא, אֲמַר לֵיהּ: זִיל פַּיְּיסֵיהּ בְּמַאי דְּאִיפַּיַּיס; וְאִי לָא, דָּאֵינְנָא לָךְ דִּינָא כְּרַב הוּנָא אַלִּיבָּא דְּרַבִּי יוֹסֵי.

Ravina came before Rava to adjudicate the matter. Rava said to Ronya: Go appease Ravina with what he expressed his willingness to be appeased with, namely, the wage of a watchman. And if not, I will judge you in accordance with the ruling of Rav Huna in accordance with the opinion of Rabbi Yosei, and you will be required to pay half the cost of the partition based on what Ravina actually spent on it.

רוּנְיָא זְבֵן אַרְעָא אַמִּיצְרָא דְּרָבִינָא. סְבַר רָבִינָא לְסַלּוֹקֵי מִשּׁוּם דִּינָא דְּבַר מִצְרָא; אֲמַר לֵיהּ רַב סָפְרָא בְּרֵיהּ דְּרַב יֵיבָא לְרָבִינָא, אָמְרִי אִינָשֵׁי: אַרְבְּעָה לְצַלָּא, אַרְבְּעָה לְצַלָּלָא.

Incidental to that episode, the Gemara relates another encounter between Ravina and Ronya. Ronya once bought land adjoining property belonging to Ravina. Ravina considered removing him due to the halakha of one whose field borders the field of his neighbor. When land is up for sale, the owners of the adjoining fields have the right of first refusal. If one of the neighbors is willing to match the highest price being offered to the seller, that neighbor has the preemptive right to purchase the property, and if somebody else buys it, that buyer can be removed. Since Ravina owned the adjacent property, he thought that he enjoyed the right of first refusal. Rav Safra, son of Rav Yeiva, said to Ravina: People say: Four dinars for a large hide [tzalla], four for a small hide [tzelala]. Since Ronya also owned land bordering the desired parcel, you cannot remove him even though his plot of land is smaller than yours.

מַתְנִי׳ כּוֹתֶל חָצֵר שֶׁנָּפַל – מְחַיְּיבִין אוֹתוֹ לִבְנוֹתוֹ עַד אַרְבַּע אַמּוֹת. בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתַן.

MISHNA: In the case of a dividing wall in a jointly owned courtyard that fell, if one of the owners wishes to rebuild the wall, the court obligates the other owner to build the wall with him up to a height of four cubits. If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless presumed to have given his share of the money, unless the claimant brings proof that the other did not give his part.

מֵאַרְבַּע אַמּוֹת וּלְמַעְלָן – אֵין מְחַיְּיבִין אוֹתוֹ. סָמַךְ לוֹ כּוֹתֶל אַחֵר, אַף עַל פִּי שֶׁלֹּא נָתַן עָלָיו אֶת הַתִּקְרָה – מְגַלְגְּלִין עָלָיו אֶת הַכֹּל. בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתַן.

The court does not obligate the reluctant neighbor to contribute to the building of the wall higher than four cubits. But if the reluctant neighbor built another wall close to the wall that had been built higher than four cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. Since he has demonstrated his desire to make use of what his neighbor built, he must participate in the cost of its construction. If the builder of the first wall later claims that he did not receive payment from his neighbor, the neighbor is presumed not to have given his share of the money, unless he brings proof that he did in fact give money for the building of the wall.

גְּמָ׳ אָמַר רֵישׁ לָקִישׁ: הַקּוֹבֵעַ זְמַן לַחֲבֵירוֹ, וְאָמַר לוֹ: ״פְּרַעְתִּיךָ בְּתוֹךְ זְמַנִּי״ – אֵינוֹ נֶאֱמָן; וּלְוַאי שֶׁיִּפְרַע בִּזְמַנּוֹ. אַבָּיֵי וְרָבָא דְּאָמְרִי תַּרְוַיְיהוּ: עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ – זִימְנִין דְּמִתְרְמוּ לֵיהּ זוּזֵי, אָמַר: אֵיזִיל אֶיפְרְעֵיהּ,

GEMARA: Reish Lakish says: If a lender set a time for another to repay the loan that he had extended to him and when the debt came due the borrower said to the lender: I already repaid you within the time, he is not deemed credible, as people do not ordinarily repay their debts before they are due. The lender would be happy if the borrower would only repay his debt on time. Abaye and Rava disagree with Reish Lakish, as they both say: A person is apt to repay his debt within its time, i.e., before it is due. This is because sometimes he happens to have money and the borrower says to himself: I will go and repay my debt

כִּי הֵיכִי דְּלָא לִיטְרְדַן.

so that he will not trouble me later by constantly demanding the money.

תְּנַן: – בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתַן.

The Gemara attempts to bring a proof in support of the opinion of Abaye and Rava from what we learned in the mishna (5a): If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless presumed to have given his share of the money, unless the claimant brings proof that the other did not give his part.

הֵיכִי דָמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, פְּשִׁיטָא בְּחֶזְקַת שֶׁנָּתַן! אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא עֲבִיד אִינִישׁ דְּפָרְעֵיהּ בְּתוֹךְ זִמְנֵיהּ! שָׁאנֵי הָכָא, דְּכׇל שָׂפָא וְשָׂפָא זִימְנֵיהּ הוּא.

The Gemara clarifies the matter: What are the circumstances of the case under discussion? If we say that he said to him: I paid you at the time when the payment became due, when the wall was completed, it is obvious that he is presumed to have given his part. Rather, is it not that he said to him: I paid you within the time before the payment became due, while the wall was still under construction? And with regard to such a case the mishna states that he is presumed to have given his share. Apparently, a person is apt to repay his debt within its time, in accordance with the opinion of Abaye and Rava. The Gemara rejects this proof: Here it is different, because the time to pay is upon the completion of each and every row. Payment does not become due specifically at the completion of the entire wall.

תָּא שְׁמַע: בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתַן.

The Gemara further suggests: Come and hear a proof in support of the opinion of Reish Lakish from the continuation of the mishna (5a): The court does not obligate the reluctant neighbor to contribute to the building of the wall higher than four cubits. But if the reluctant neighbor built another wall close to the wall that had been built higher than four cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. If the builder of the first wall later claims he did not receive payment from his neighbor, the neighbor is presumed not to have given his share of the money, unless he brings proof that he did in fact give money for the building of the wall.

הֵיכִי דָּמֵי? אִילֵימָא דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךָ בִּזְמַנִּי״, אַמַּאי לָא? אֶלָּא לָאו דַּאֲמַר לֵיהּ: ״פְּרַעְתִּיךְ בְּתוֹךְ זְמַנִּי״? אַלְמָא לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ! שָׁאנֵי הָכָא, דְּאָמַר: מִי יֵימַר דִּמְחַיְּיבוּ לִי רַבָּנַן.

The Gemara clarifies the matter: What are the circumstances of the case under discussion? If we say that he said to him: I paid you at the time that the payment became due, when the wall was completed, why is he not deemed credible? Rather, is it not that he said to him: I paid you within the time before the payment became due, and therefore he is not deemed credible? Apparently, a person is not apt to repay his debt within its time, in accordance with the opinion of Reish Lakish. The Gemara rejects this proof: Here it is different, since the reluctant neighbor says: Who says that the Rabbis will obligate me to pay for this wall? In such a case he certainly does not pay before the payment becomes due.

רַב פָּפָּא וְרַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ עָבְדִי כְּאַבַּיֵּי וְרָבָא. מָר בַּר רַב אָשֵׁי עָבֵד כְּרֵישׁ לָקִישׁ. וְהִלְכְתָא כְּרֵישׁ לָקִישׁ, וַאֲפִילּוּ מִיַּתְמֵי; וְאַף עַל גַּב דְּאָמַר מָר: הַבָּא לִיפָּרַע מִנִּכְסֵי יְתוֹמִים – לֹא יִפָּרַע אֶלָּא בִּשְׁבוּעָה; חֲזָקָה: לָא עֲבִיד אִינִישׁ דְּפָרַע בְּגוֹ זִימְנֵיהּ.

Rav Pappa and Rav Huna, son of Rav Yehoshua, acted in such a case in accordance with the opinion of Abaye and Rava. Mar bar Rav Ashi acted in accordance with the opinion of Reish Lakish. The Gemara concludes: And the halakha is in accordance with the opinion of Reish Lakish that one is not deemed credible when he says that he repaid a loan before it became due. And if the debtor dies, the court collects payment even from his orphans based on this assumption. And even though the Master said that one who comes to collect money from the property of orphans cannot collect unless he first takes an oath that he did not already collect the debt from the deceased, here he can collect without taking an oath because there is a presumption that a person is not apt to repay his debt within its time.

אִיבַּעְיָא לְהוּ: תְּבָעוֹ לְאַחַר זְמַן, וְאָמַר לוֹ: ״פְּרַעְתִּיךָ בְּתוֹךְ זְמַנִּי״, מַהוּ? מִי אָמְרִינַן: בִּמְקוֹם חֲזָקָה – אָמְרִינַן ״מַה לִּי לְשַׁקֵּר״;

A dilemma was raised before the Sages: What is the halakha if the lender stipulated a time with the borrower for repayment of the debt, and he demanded payment of the money after the time that the payment became due had passed, and the borrower said to him: I already repaid you within the time before the payment became due? Do we say that even where there is a presumption against someone’s claim, as in this case where there is a presumption that people do not pay their debts before they become due, we say that the borrower can claim: Why would I lie? If one of the litigants could have advanced a claim more advantageous to his cause than the one he actually did, the assumption is that he is telling the truth. Consequently, in this case had the borrower wished to lie, he could have said that he repaid his debt when it became due, and he would have been deemed credible. Therefore, when he claims that he repaid it before it came due he should also be deemed credible.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete