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Today's Daf Yomi

March 21, 2017 | 讻状讙 讘讗讚专 转砖注状讝

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Bava Batra 58

Rabbi Bena’a聽is demarcating graves and needs to go inside the burial caves to measure them. 聽A story is told of what happens when he gets to Avraham’s grave and Adam’s grave. 聽What is his purpose for going there? 聽What is he allowed to see and what is he not allowed to see? 聽Another story is told of an amgosh (seemingly a sorcerer) who goes into the graves of others to take things. 聽Other stories of Rabbi Bena’a are brought as well, including one where he gets put in jail by the non-Jewish authorities and then released because of his great intelligence and made to be a judge. 聽As judge he critiques and corrects a number of statements they have hung up at the entrance to their city. 聽The next mishna discusses various things that may or may not create a chazaka depending on various factors including size – a gutter, the spout of the gutter, a ladder, windows.

诇诪讚讜专讛 讜拽讚专讜转 诪拽讬驻讜转 讗讜转讛

to a bonfire, where the fire is in the center and pots surround it. Similarly, the table of an ignoramus is arranged with the food in the center and is surrounded by plates.

诪讟讛 砖诇 转诇诪讬讚讬 讞讻诪讬诐 讻讬爪讚 讻诇 砖讗讬谉 转讞转讬讛 讗诇讗 住谞讚诇讬谉 讘讬诪讜转 讛讞诪讛 讜诪谞注诇讬谉 讘讬诪讜转 讛讙砖诪讬诐 讜砖诇 注诐 讛讗专抓 讚讜诪讛 诇讗讜爪专 讘诇讜住

Rabbi Yo岣nan asked: How should the bed of Torah scholars be kept? He replied: It is acceptable as long as there is nothing except sandals beneath it during the summer, and shoes beneath it during the rainy season, i.e., winter. And the bed of an ignoramus is similar to a cluttered [balus] storehouse, as he keeps a wide array of items beneath it.

专讘讬 讘谞讗讛 讛讜讛 拽讗 诪爪讬讬谉 诪注专转讗 讻讬 诪讟讗 诇诪注专转讗 讚讗讘专讛诐 讗砖讻讞讬讛 诇讗诇讬注讝专 注讘讚 讗讘专讛诐 讚拽讗讬 拽诪讬 讘讘讗 讗诪专 诇讬讛 诪讗讬 拽讗 注讘讬讚 讗讘专讛诐 讗诪专 诇讬讛 讙讗谞讬 讘讻谞驻讛 讚砖专讛 讜拽讗 诪注讬讬谞讗 诇讬讛 讘专讬砖讬讛

搂 Having mentioned Rabbi Bena鈥檃, the Gemara relates an incident in which he was involved. Rabbi Bena鈥檃 was marking burial caves for the purpose of helping to prevent the contracting of ritual impurity. When he arrived at the cave of Abraham, i.e., the Cave of Machpelah, he encountered Eliezer, the servant of Abraham, who was standing before the entrance. Rabbi Bena鈥檃 said to him: What is Abraham doing at this moment? Eliezer said to him: He is lying in the arms of Sarah, and she is examining his head.

讗诪专 诇讬讛 讝讬诇 讗讬诪讗 诇讬讛 讘谞讗讛 拽讗讬 讗讘讘讗 讗诪专 诇讬讛 诇讬注讜诇 诪讬讚注 讬讚讬注 讚讬爪专 讘讛讗讬 注诇诪讗 诇讬讻讗 注讬讬诇 注讬讬谉 讜谞驻拽

Rabbi Bena鈥檃 said to him: Go tell him that Bena鈥檃 is standing at the entrance, so that he should assume an appropriate position to receive a visitor. Eliezer said to him: Let him, i.e., Rabbi Bena鈥檃, enter, since it is known that there is no evil inclination in this higher world, so it is not inappropriate for Rabbi Bena鈥檃 to see Abraham and Sarah in this position. He entered, examined the cave in order to measure it, and exited.

讻讬 诪讟讗 诇诪注专转讗 讚讗讚诐 讛专讗砖讜谉 讬爪转讛 讘转 拽讜诇 讜讗诪专讛 谞住转讻诇转 讘讚诪讜转 讚讬讜拽谞讬 讘讚讬讜拽谞讬 注爪诪讛 讗诇 转住转讻诇 讛讗 讘注讬谞讗 诇爪讬讜谞讬 诪注专转讗 讻诪讚转 讛讞讬爪讜谞讛 讻讱 诪讚转 讛驻谞讬诪讬转 讜诇诪讗谉 讚讗诪专 砖谞讬 讘转讬诐 讝讜 诇诪注诇讛 诪讝讜 讻诪讚转 注诇讬讜谞讛 讻讱 诪讚转 讛转讞转讜谞讛

When he arrived at the cave of Adam the first man, who is buried in the same area, a Divine Voice emerged and said: You gazed upon the likeness of My image, i.e., Abraham, who is similar to the image of Adam the first man. Do not gaze upon My image itself, i.e., Adam the first man, about whom the verse states that he was formed in the image of God (see Genesis 1:27). Rabbi Bena鈥檃 said: But I need to mark the cave. The voice said to him: As the measurements of the dimensions of the outer cave where Abraham is buried, so are the measurements of the dimensions of the inner cave, where Adam is buried. The Gemara notes: And according to the one who says that the Cave of Machpelah consists of two chambers, this one above that one, not two adjacent chambers, the voice said: As the measurements of the dimensions of the upper cave where Abraham is buried, so are the measurements of the dimensions of the lower cave. Therefore, there is no need to measure it.

讗诪专 专讘讬 讘谞讗讛 谞住转讻诇转讬 讘砖谞讬 注拽讬讘讬讜 讜讚讜诪讬诐 诇砖谞讬 讙诇讙诇讬 讞诪讛 讛讻诇 讘驻谞讬 砖专讛 讻拽讜祝 讘驻谞讬 讗讚诐 砖专讛 讘驻谞讬 讞讜讛 讻拽讜祝 讘驻谞讬 讗讚诐 讞讜讛 讘驻谞讬 讗讚诐 讻拽讜祝 讘驻谞讬 讗讚诐 讗讚诐 讘驻谞讬 砖讻讬谞讛 讻拽讜祝 讘驻谞讬 讗讚诐

Rabbi Bena鈥檃 says: I gazed at his, Adam鈥檚, two heels, and they shone so brightly that they are similar to two suns. Along these lines, the Gemara states that all people compared to Sarah are like a monkey compared to a human, as Sarah was exceedingly beautiful; Sarah compared to Eve is like a monkey compared to a human; Eve compared to Adam is like a monkey compared to a human; and Adam compared to the Divine Presence is like a monkey compared to a human.

砖讜驻专讬讛 讚专讘 讻讛谞讗 诪注讬谉 砖讜驻专讬讛 讚专讘 砖讜驻专讬讛 讚专讘 诪注讬谉 砖讜驻专讬讛 讚专讘讬 讗讘讛讜 砖讜驻专讬讛 讚专讘讬 讗讘讛讜 诪注讬谉 砖讜驻专讬讛 讚讬注拽讘 讗讘讬谞讜 砖讜驻专讬讛 讚讬注拽讘 讗讘讬谞讜 诪注讬谉 砖讜驻专讬讛 讚讗讚诐 讛专讗砖讜谉

It was also stated that the beauty of Rav Kahana is a semblance of the beauty of Rav. The beauty of Rav is a semblance of the beauty of Rabbi Abbahu. The beauty of Rabbi Abbahu is a semblance of the beauty of Jacob our forefather. The beauty of Jacob our forefather is a semblance of the beauty of Adam the first man.

讛讛讜讗 讗诪讙讜砖讗 讚讛讜讛 讞讟讬讟 砖讻讘讬 讻讬 诪讟讗 讗诪注专转讗 讚专讘 讟讜讘讬 讘专 诪转谞讛 转驻砖讬讛 讘讚讬拽谞讬讛 讗转讗 讗讘讬讬 讗诪专 诇讬讛 讘诪讟讜转讗 诪讬谞讱 砖讘拽讬讛 诇砖谞讛 讗讞专讬转讬 讛讚专 讗转讗 转驻砖讬讛 讘讚讬拽谞讬讛 讗转讗 讗讘讬讬 诇讗 砖讘拽讬讛 注讚 讚讗讬讬转讬 诪住驻专讗 讜讙讝讬讗 诇讚讬拽谞讬讛

On the topic of burial caves, the Gemara relates that there was a certain magus [amgusha] who was rummaging through the graves of the dead. When he arrived at the burial cave of Rav Tovi bar Mattana, Rav Tovi grabbed him by his beard and would not release him. Abaye came and said to Rav Tovi: I beg of you to release him. The magus came again in another year, and Rav Tovi grabbed him by his beard. Abaye came and requested that he release him, but Rav Tovi did not release him, until Abaye brought a scissors and cut his beard.

讛讛讜讗 讚讗诪专 诇讛讜 讞讘讬转讗 讚注驻专讗 诇讞讚 讘专讗讬 讞讘讬转讗 讚讙专诪讬 诇讞讚 讘专讗讬 讞讘讬转讗 讚讗讜讚专讗 诇讞讚 讘专讗讬 诇讗 讛讜讜 讬讚注讬 诪讗讬 拽讗诪专 诇讛讜 讗转讜 诇拽诪讬讛 讚专讘讬 讘谞讗讛 讗诪专 诇讛讜 讗讬转 诇讻讜 讗专注讗 讗诪专讜 诇讬讛 讗讬谉 讗讬转 诇讻讜 讞讬讜转讗 讗讬谉 讗讬转 诇讻讜 讘住转专拽讬 讗讬谉 讗讬 讛讻讬 讛讻讬 拽讗诪专 诇讻讜

搂 The Gemara relates additional incidents involving Rabbi Bena鈥檃: There was a certain individual who said to his family before he died: A barrel of earth to one of my sons, a barrel of bones to one of my sons, and a barrel of wads of wool to one of my sons. They did not know what he was saying to them. They came before Rabbi Bena鈥檃 for guidance. Rabbi Bena鈥檃 said to them: Do you have land that your father left as an inheritance? They said to him: Yes. He asked: Do you have livestock that your father left as an inheritance? They said: Yes. He asked: Do you have quilts [bistarkei] that your father left as an inheritance? They said: Yes. He said to them: If so, this is what he said to you, i.e., he meant that he is bequeathing land to one son, livestock to the second, and quilts to the third.

讛讛讜讗 讙讘专讗 讚砖诪注讛 诇讚讘讬转讛讜 讚拽讗 讗诪专讛 诇讘专转讛 讗诪讗讬 诇讗 爪谞讬注转 讘讗讬住讜专讗 讛讱 讗讬转转讗 注砖专讛 讘谞讬 讗讬转 诇讛 讜诇讬转 诇讬 诪讗讘讜讱 讗诇讗 讞讚 讻讬 砖讻讬讘 讗诪专 诇讛讜 讻诇 谞讻住讬 诇讞讚 讘专讗

There was a certain man who heard his wife saying to her daughter: Why do you not act clandestinely when you engage in forbidden sexual intercourse? That woman has, i.e., I have, ten sons, and I have only one from your father, and no one knows. So too, you must be careful so that no one will discover your illicit behavior. Having overheard that only one son was his, when that man was dying he said to his family: All of my property is left to one son.

诇讗 讬讚注讬 诇讛讬 诪讬谞讬讬讛讜 讗转讜 诇拽诪讬讛 讚专讘讬 讘谞讗讛 讗诪专 诇讛讜 讝讬诇讜 讞讘讜讟讜 拽讘专讗 讚讗讘讜讻讜谉 注讚 讚拽讗讬 讜诪讙诇讬 诇讻讜 诇讛讬 诪讬谞讬讬讻讜 砖讘拽讗 讗讝诇讜 讻讜诇讛讜 讛讛讜讗 讚讘专讬讛 讛讜讛 诇讗 讗讝诇 讗诪专 诇讛讜 讻讜诇讛讜 谞讻住讬 讚讛讗讬 讗讝诇讜 讗讻诇讜 拽讜专爪讗 讘讬 诪诇讻讗 讗诪专讬 讗讬讻讗 讙讘专讗 讞讚 讘讬讛讜讚讗讬 讚拽讗 诪驻讬拽 诪诪讜谞讗 诪讗谞砖讬 讘诇讗 住讛讚讬 讜讘诇讗 诪讬讚讬 讗转讬讜讛讜 讞讘砖讜讛讜

They did not know to which of them he intended to leave his property. They came before Rabbi Bena鈥檃 for guidance, and he said to the sons: Go strike your father鈥檚 grave, until he rises and reveals to you to which of you he left his property. They all went, but that one who was his son did not go. Rabbi Bena鈥檃 said to them: All of the property belongs to this son who did not go. The other brothers were angry. They went and slandered [akhlu kuretza] Rabbi Bena鈥檃 in the king鈥檚 house. They said: There is one man among the Jews who removes money from people without witnesses and without any evidence. The king鈥檚 guards brought Rabbi Bena鈥檃 and imprisoned him.

讗讝诇讗 讚讘讬转讛讜 讗诪专讛 诇讛讜 注讘讚讗 讞讚 讛讜讛 诇讬 驻住拽讜 诇专讬砖讬讛 讜驻砖讟讜 诇诪砖讻讬讛 讜讗讻诇讜 讘讬砖专讬讛 讜拽讗 诪诇讜 讘讬讛 诪讬讗 讜诪砖拽讜 讘讬讛 诇讞讘专讬讬讗 讜诇讗 拽讗 讬讛讘讬 诇讬 讚诪讬 讜诇讗 讗讙专讬讛

The wife of Rabbi Bena鈥檃 went and said to the guards: I had one servant. They cut off his head, and skinned him and ate his flesh, and they fill him with water and give their friends to drink from him, and they have not paid me his value nor have they rented him.

诇讗 讬讚注讬 诪讗讬 拽讗 讗诪专讛 诇讛讜 讗诪专讬 谞讬转讜 诇讞讻讬诪讗 讚讬讛讜讚讗讬 讜诇讬诪讗 拽专讬讜讛讜 诇专讘讬 讘谞讗讛 讗诪专 诇讛讜 讝专谞讜拽讗 讗诪专讛 诇讻讜 讗诪专讬 讛讜讗讬诇 讜讞讻讬诐 讻讜诇讬 讛讗讬 诇讬转讬讘 讗讘讘讗 讜谞讬讚讜谉 讚讬谞讗

They did not know what she was saying to them. They said: Let us bring the wise man of the Jews, and let him say what she meant. They called Rabbi Bena鈥檃, and he said to them: She spoke to you of a water skin [zarnuka]. In other words, she was referring to a goat she owned that was slaughtered, its meat eaten, and its skin made into a water skin that could be filled with drinking water. They said: Since he is so wise, let him sit at the gate where the judges congregate and render judgment.

讞讝讗 讚讛讜讛 讻转讬讘 讘讗讘讜诇讗 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 诇讗 砖诪讬讛 讚讬讬谉 讗诪专 诇讛讜 讗诇讗 诪注转讛 讗转讗 讗讬谞讬砖 诪注诇诪讗

Rabbi Bena鈥檃 saw that it was written upon the gate [be鈥檃bbula]: Any judge who is summoned to judgment is not considered a judge, as judges must be above reproach. He said to them: If that is so, then if a person comes from elsewhere

讜诪讝诪讬谉 (诇讛讜) [诇讬讛] 诇讚讬谞讗 驻住诇讬讛 讗诇讗 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 讜诪驻拽讬谉 诪讬谞讬讛 诪诪讜谞讗 讘讚讬谉 诇讗讜 砖诪讬讛 讚讬讬谉 讻转讘讜 讛讻讬 讘专诐 住讗讘讬 讚讬讛讜讚讗讬 讗诪专讬 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 讜诪驻拽讬谉 诪讬谞讬讛 诪诪讜谞讗 讘讚讬谉 诇讗讜 砖诪讬讛 讚讬讬谉

and summons a judge to judgment, has he disqualified the judge even if he were later to be exonerated? Rather, it should say: Any judge who is summoned to judgment and money is lawfully taken from him, i.e., he was ordered to return someone鈥檚 property, is not considered a judge. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say that any judge who is summoned to judgment and money is lawfully taken from him is not considered a judge.

讞讝讗 讚讻转讬讘 讘专讗砖 讻诇 诪讜转讗 讗谞讗 讚诐 讘专讗砖 讻诇 讞讬讬谉 讗谞讗 讞诪专 讗诇讗 诪注转讛 讚谞驻讬诇 诪讗讬讙专讗 讜诪讬转 讜讚谞驻讬诇 诪讚讬拽诇讗 讜诪讬转 讚诪讗 拽讟诇讬讛 讜转讜 诪谉 讚讚专讻讬讛 诇诪讬诪转 诪砖拽讜 诇讬讛 讞诪专讗 讜讞讬讬 讗诇讗 讛讻讬 讘注讬 诇诪讻转讘 讘专讗砖 讻诇 诪专注讬谉 讗谞讗 讚诐 讘专讗砖 讻诇 讗住讜讜谉 讗谞讗 讞诪专 讻转讘讜 讛讻讬 讘专诐 住讗讘讬 讚讬讛讜讚讗讬 讗诪专讬 讘专讗砖 讻诇 诪专注讬谉 讗谞讗 讚诐 讘专讗砖 讻诇 讗住讜讜谉 讗谞讗 讞诪专 讘讗转专 讚诇讬转 讞诪专 转诪谉 诪转讘注讜 住诪谞讬谉

Rabbi Bena鈥檃 also saw that it was written there: At the head of all death am I, blood, i.e., people die from an excess of blood; at the head of all life am I, wine, i.e., wine is what gives life. He said to them: If that is so, in the case of someone who falls from a roof and dies, or someone who falls from a palm tree and dies, was it blood that killed him? And furthermore, concerning someone who is on the way to death, can they give him a drink of wine and he will live? Rather, this is what should be written: At the head of all illness am I, blood; at the head of all healing am I, wine. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say: At the head of all illness am I, blood; at the head of all healing am I, wine. In a place where there is no wine, herbs are required there as medicines.

讻转讬讘 讗驻讬转讞讗 讚拽驻讜讟拽讬讗 讗谞驻拽 讗谞讘讙 讗谞讟诇 讜讗讬讝讛讜 讗谞讟诇 讝讛讜 专讘讬注讬转 砖诇 转讜专讛

Having related that incident, the Gemara notes that at the entrance of Kapotekiyya it was written: Anpak, anbag, antal, which are all names for the same measurement. And what is antal? It is the quarterlog of the Torah.

诪转谞讬壮 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 讛诪讝讞讬诇讛 讬砖 诇讛 讞讝拽讛

MISHNA: With regard to a spout protruding from one鈥檚 roof gutter draining water into another鈥檚 property, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place, as the Gemara will explain. With regard to a gutter pipe that traverses the length of the roof, one does have the means to establish an acquired privilege for its use.

住讜诇诐 讛诪爪专讬 讗讬谉 诇讜 讞讝拽讛 讜诇爪讜专讬 讬砖 诇讜 讞讝拽讛

With regard to an Egyptian ladder, which is small and portable, one has no means to establish an acquired privilege for its use. But with regard to a Tyrian ladder, which is large and fixed in place, one does have the means to establish an acquired privilege for its use.

讞诇讜谉 讛诪爪专讬转 讗讬谉 诇讛 讞讝拽讛 讜诇爪讜专讬转 讬砖 诇讛 讞讝拽讛 讗讬讝讜 讛讬讗 讞诇讜谉 讛诪爪专讬转 讻诇 砖讗讬谉 专讗砖讜 砖诇 讗讚诐 讬讻讜诇 诇讬讻谞住 诇转讜讻讛 专讘讬 讬讛讜讚讛 讗讜诪专 讗诐 讬砖 诇讛 诪诇讘谉 讗祝 注诇 驻讬 砖讗讬谉 专讗砖讜 砖诇 讗讚诐 讬讻讜诇 诇讬讻谞住 诇转讜讻讛 讛专讬 讝讜 讞讝拽讛

With regard to an Egyptian window, one has no means to establish an acquired privilege for its use; but with regard to a Tyrian window, one does have the means to establish an acquired privilege for its use. What is the defining feature of an Egyptian window? It is any window that is so small that a person鈥檚 head is not able to fit inside it. Rabbi Yehuda says: If a window has a frame, even though a person鈥檚 head is not able to fit inside it, one does have the means to establish an acquired privilege for its use.

讙诪壮 诪讗讬 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 讗诪专 专讘 讬讛讜讚讛 讗诪专 砖诪讜讗诇 讛讻讬 拽讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 诪专讜讞 讗讞转 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 诪砖转讬 专讜讞讜转

GEMARA: The Gemara asks: What is the meaning of the mishna鈥檚 statement: With regard to a spout, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place? Rav Yehuda said that Shmuel said: This is what it is saying: Concerning a spout, its owner has no means to establish an acquired privilege for its use with regard to one side, i.e., the owner of the field below has the right to move the spout from one place to another on one side of the roof, but he does have the means to establish an acquired privilege concerning its place with regard to two sides, i.e., the owner of the field below does not have the right to move it to another side of the roof.

专讘讬 讞谞讬谞讗 讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 砖讗诐 讛讬讛 讗专讜讱 诪拽爪专讜 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 砖讗诐 讘讗 诇注讜拽专讜 讗讬谞讜 注讜拽专讜

Rabbi 岣nina said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its size, as if it was long, the owner of the field below may shorten it, but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

专讘 讬专诪讬讛 讘专 讗讘讗 讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 砖讗诐 专讜爪讛 诇讘谞讜转 转讞转讬讜 讘讜谞讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 砖讗诐 讘讗 诇注讜拽专讜 讗讬谞讜 注讜拽专讜

Rav Yirmeya bar Abba said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its use, as if the owner of the field below wishes to build beneath it, he may build, and the owner of the spout may not prevent him from doing so; but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

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Bava Batra 58

The William Davidson Talmud | Powered by Sefaria

Bava Batra 58

诇诪讚讜专讛 讜拽讚专讜转 诪拽讬驻讜转 讗讜转讛

to a bonfire, where the fire is in the center and pots surround it. Similarly, the table of an ignoramus is arranged with the food in the center and is surrounded by plates.

诪讟讛 砖诇 转诇诪讬讚讬 讞讻诪讬诐 讻讬爪讚 讻诇 砖讗讬谉 转讞转讬讛 讗诇讗 住谞讚诇讬谉 讘讬诪讜转 讛讞诪讛 讜诪谞注诇讬谉 讘讬诪讜转 讛讙砖诪讬诐 讜砖诇 注诐 讛讗专抓 讚讜诪讛 诇讗讜爪专 讘诇讜住

Rabbi Yo岣nan asked: How should the bed of Torah scholars be kept? He replied: It is acceptable as long as there is nothing except sandals beneath it during the summer, and shoes beneath it during the rainy season, i.e., winter. And the bed of an ignoramus is similar to a cluttered [balus] storehouse, as he keeps a wide array of items beneath it.

专讘讬 讘谞讗讛 讛讜讛 拽讗 诪爪讬讬谉 诪注专转讗 讻讬 诪讟讗 诇诪注专转讗 讚讗讘专讛诐 讗砖讻讞讬讛 诇讗诇讬注讝专 注讘讚 讗讘专讛诐 讚拽讗讬 拽诪讬 讘讘讗 讗诪专 诇讬讛 诪讗讬 拽讗 注讘讬讚 讗讘专讛诐 讗诪专 诇讬讛 讙讗谞讬 讘讻谞驻讛 讚砖专讛 讜拽讗 诪注讬讬谞讗 诇讬讛 讘专讬砖讬讛

搂 Having mentioned Rabbi Bena鈥檃, the Gemara relates an incident in which he was involved. Rabbi Bena鈥檃 was marking burial caves for the purpose of helping to prevent the contracting of ritual impurity. When he arrived at the cave of Abraham, i.e., the Cave of Machpelah, he encountered Eliezer, the servant of Abraham, who was standing before the entrance. Rabbi Bena鈥檃 said to him: What is Abraham doing at this moment? Eliezer said to him: He is lying in the arms of Sarah, and she is examining his head.

讗诪专 诇讬讛 讝讬诇 讗讬诪讗 诇讬讛 讘谞讗讛 拽讗讬 讗讘讘讗 讗诪专 诇讬讛 诇讬注讜诇 诪讬讚注 讬讚讬注 讚讬爪专 讘讛讗讬 注诇诪讗 诇讬讻讗 注讬讬诇 注讬讬谉 讜谞驻拽

Rabbi Bena鈥檃 said to him: Go tell him that Bena鈥檃 is standing at the entrance, so that he should assume an appropriate position to receive a visitor. Eliezer said to him: Let him, i.e., Rabbi Bena鈥檃, enter, since it is known that there is no evil inclination in this higher world, so it is not inappropriate for Rabbi Bena鈥檃 to see Abraham and Sarah in this position. He entered, examined the cave in order to measure it, and exited.

讻讬 诪讟讗 诇诪注专转讗 讚讗讚诐 讛专讗砖讜谉 讬爪转讛 讘转 拽讜诇 讜讗诪专讛 谞住转讻诇转 讘讚诪讜转 讚讬讜拽谞讬 讘讚讬讜拽谞讬 注爪诪讛 讗诇 转住转讻诇 讛讗 讘注讬谞讗 诇爪讬讜谞讬 诪注专转讗 讻诪讚转 讛讞讬爪讜谞讛 讻讱 诪讚转 讛驻谞讬诪讬转 讜诇诪讗谉 讚讗诪专 砖谞讬 讘转讬诐 讝讜 诇诪注诇讛 诪讝讜 讻诪讚转 注诇讬讜谞讛 讻讱 诪讚转 讛转讞转讜谞讛

When he arrived at the cave of Adam the first man, who is buried in the same area, a Divine Voice emerged and said: You gazed upon the likeness of My image, i.e., Abraham, who is similar to the image of Adam the first man. Do not gaze upon My image itself, i.e., Adam the first man, about whom the verse states that he was formed in the image of God (see Genesis 1:27). Rabbi Bena鈥檃 said: But I need to mark the cave. The voice said to him: As the measurements of the dimensions of the outer cave where Abraham is buried, so are the measurements of the dimensions of the inner cave, where Adam is buried. The Gemara notes: And according to the one who says that the Cave of Machpelah consists of two chambers, this one above that one, not two adjacent chambers, the voice said: As the measurements of the dimensions of the upper cave where Abraham is buried, so are the measurements of the dimensions of the lower cave. Therefore, there is no need to measure it.

讗诪专 专讘讬 讘谞讗讛 谞住转讻诇转讬 讘砖谞讬 注拽讬讘讬讜 讜讚讜诪讬诐 诇砖谞讬 讙诇讙诇讬 讞诪讛 讛讻诇 讘驻谞讬 砖专讛 讻拽讜祝 讘驻谞讬 讗讚诐 砖专讛 讘驻谞讬 讞讜讛 讻拽讜祝 讘驻谞讬 讗讚诐 讞讜讛 讘驻谞讬 讗讚诐 讻拽讜祝 讘驻谞讬 讗讚诐 讗讚诐 讘驻谞讬 砖讻讬谞讛 讻拽讜祝 讘驻谞讬 讗讚诐

Rabbi Bena鈥檃 says: I gazed at his, Adam鈥檚, two heels, and they shone so brightly that they are similar to two suns. Along these lines, the Gemara states that all people compared to Sarah are like a monkey compared to a human, as Sarah was exceedingly beautiful; Sarah compared to Eve is like a monkey compared to a human; Eve compared to Adam is like a monkey compared to a human; and Adam compared to the Divine Presence is like a monkey compared to a human.

砖讜驻专讬讛 讚专讘 讻讛谞讗 诪注讬谉 砖讜驻专讬讛 讚专讘 砖讜驻专讬讛 讚专讘 诪注讬谉 砖讜驻专讬讛 讚专讘讬 讗讘讛讜 砖讜驻专讬讛 讚专讘讬 讗讘讛讜 诪注讬谉 砖讜驻专讬讛 讚讬注拽讘 讗讘讬谞讜 砖讜驻专讬讛 讚讬注拽讘 讗讘讬谞讜 诪注讬谉 砖讜驻专讬讛 讚讗讚诐 讛专讗砖讜谉

It was also stated that the beauty of Rav Kahana is a semblance of the beauty of Rav. The beauty of Rav is a semblance of the beauty of Rabbi Abbahu. The beauty of Rabbi Abbahu is a semblance of the beauty of Jacob our forefather. The beauty of Jacob our forefather is a semblance of the beauty of Adam the first man.

讛讛讜讗 讗诪讙讜砖讗 讚讛讜讛 讞讟讬讟 砖讻讘讬 讻讬 诪讟讗 讗诪注专转讗 讚专讘 讟讜讘讬 讘专 诪转谞讛 转驻砖讬讛 讘讚讬拽谞讬讛 讗转讗 讗讘讬讬 讗诪专 诇讬讛 讘诪讟讜转讗 诪讬谞讱 砖讘拽讬讛 诇砖谞讛 讗讞专讬转讬 讛讚专 讗转讗 转驻砖讬讛 讘讚讬拽谞讬讛 讗转讗 讗讘讬讬 诇讗 砖讘拽讬讛 注讚 讚讗讬讬转讬 诪住驻专讗 讜讙讝讬讗 诇讚讬拽谞讬讛

On the topic of burial caves, the Gemara relates that there was a certain magus [amgusha] who was rummaging through the graves of the dead. When he arrived at the burial cave of Rav Tovi bar Mattana, Rav Tovi grabbed him by his beard and would not release him. Abaye came and said to Rav Tovi: I beg of you to release him. The magus came again in another year, and Rav Tovi grabbed him by his beard. Abaye came and requested that he release him, but Rav Tovi did not release him, until Abaye brought a scissors and cut his beard.

讛讛讜讗 讚讗诪专 诇讛讜 讞讘讬转讗 讚注驻专讗 诇讞讚 讘专讗讬 讞讘讬转讗 讚讙专诪讬 诇讞讚 讘专讗讬 讞讘讬转讗 讚讗讜讚专讗 诇讞讚 讘专讗讬 诇讗 讛讜讜 讬讚注讬 诪讗讬 拽讗诪专 诇讛讜 讗转讜 诇拽诪讬讛 讚专讘讬 讘谞讗讛 讗诪专 诇讛讜 讗讬转 诇讻讜 讗专注讗 讗诪专讜 诇讬讛 讗讬谉 讗讬转 诇讻讜 讞讬讜转讗 讗讬谉 讗讬转 诇讻讜 讘住转专拽讬 讗讬谉 讗讬 讛讻讬 讛讻讬 拽讗诪专 诇讻讜

搂 The Gemara relates additional incidents involving Rabbi Bena鈥檃: There was a certain individual who said to his family before he died: A barrel of earth to one of my sons, a barrel of bones to one of my sons, and a barrel of wads of wool to one of my sons. They did not know what he was saying to them. They came before Rabbi Bena鈥檃 for guidance. Rabbi Bena鈥檃 said to them: Do you have land that your father left as an inheritance? They said to him: Yes. He asked: Do you have livestock that your father left as an inheritance? They said: Yes. He asked: Do you have quilts [bistarkei] that your father left as an inheritance? They said: Yes. He said to them: If so, this is what he said to you, i.e., he meant that he is bequeathing land to one son, livestock to the second, and quilts to the third.

讛讛讜讗 讙讘专讗 讚砖诪注讛 诇讚讘讬转讛讜 讚拽讗 讗诪专讛 诇讘专转讛 讗诪讗讬 诇讗 爪谞讬注转 讘讗讬住讜专讗 讛讱 讗讬转转讗 注砖专讛 讘谞讬 讗讬转 诇讛 讜诇讬转 诇讬 诪讗讘讜讱 讗诇讗 讞讚 讻讬 砖讻讬讘 讗诪专 诇讛讜 讻诇 谞讻住讬 诇讞讚 讘专讗

There was a certain man who heard his wife saying to her daughter: Why do you not act clandestinely when you engage in forbidden sexual intercourse? That woman has, i.e., I have, ten sons, and I have only one from your father, and no one knows. So too, you must be careful so that no one will discover your illicit behavior. Having overheard that only one son was his, when that man was dying he said to his family: All of my property is left to one son.

诇讗 讬讚注讬 诇讛讬 诪讬谞讬讬讛讜 讗转讜 诇拽诪讬讛 讚专讘讬 讘谞讗讛 讗诪专 诇讛讜 讝讬诇讜 讞讘讜讟讜 拽讘专讗 讚讗讘讜讻讜谉 注讚 讚拽讗讬 讜诪讙诇讬 诇讻讜 诇讛讬 诪讬谞讬讬讻讜 砖讘拽讗 讗讝诇讜 讻讜诇讛讜 讛讛讜讗 讚讘专讬讛 讛讜讛 诇讗 讗讝诇 讗诪专 诇讛讜 讻讜诇讛讜 谞讻住讬 讚讛讗讬 讗讝诇讜 讗讻诇讜 拽讜专爪讗 讘讬 诪诇讻讗 讗诪专讬 讗讬讻讗 讙讘专讗 讞讚 讘讬讛讜讚讗讬 讚拽讗 诪驻讬拽 诪诪讜谞讗 诪讗谞砖讬 讘诇讗 住讛讚讬 讜讘诇讗 诪讬讚讬 讗转讬讜讛讜 讞讘砖讜讛讜

They did not know to which of them he intended to leave his property. They came before Rabbi Bena鈥檃 for guidance, and he said to the sons: Go strike your father鈥檚 grave, until he rises and reveals to you to which of you he left his property. They all went, but that one who was his son did not go. Rabbi Bena鈥檃 said to them: All of the property belongs to this son who did not go. The other brothers were angry. They went and slandered [akhlu kuretza] Rabbi Bena鈥檃 in the king鈥檚 house. They said: There is one man among the Jews who removes money from people without witnesses and without any evidence. The king鈥檚 guards brought Rabbi Bena鈥檃 and imprisoned him.

讗讝诇讗 讚讘讬转讛讜 讗诪专讛 诇讛讜 注讘讚讗 讞讚 讛讜讛 诇讬 驻住拽讜 诇专讬砖讬讛 讜驻砖讟讜 诇诪砖讻讬讛 讜讗讻诇讜 讘讬砖专讬讛 讜拽讗 诪诇讜 讘讬讛 诪讬讗 讜诪砖拽讜 讘讬讛 诇讞讘专讬讬讗 讜诇讗 拽讗 讬讛讘讬 诇讬 讚诪讬 讜诇讗 讗讙专讬讛

The wife of Rabbi Bena鈥檃 went and said to the guards: I had one servant. They cut off his head, and skinned him and ate his flesh, and they fill him with water and give their friends to drink from him, and they have not paid me his value nor have they rented him.

诇讗 讬讚注讬 诪讗讬 拽讗 讗诪专讛 诇讛讜 讗诪专讬 谞讬转讜 诇讞讻讬诪讗 讚讬讛讜讚讗讬 讜诇讬诪讗 拽专讬讜讛讜 诇专讘讬 讘谞讗讛 讗诪专 诇讛讜 讝专谞讜拽讗 讗诪专讛 诇讻讜 讗诪专讬 讛讜讗讬诇 讜讞讻讬诐 讻讜诇讬 讛讗讬 诇讬转讬讘 讗讘讘讗 讜谞讬讚讜谉 讚讬谞讗

They did not know what she was saying to them. They said: Let us bring the wise man of the Jews, and let him say what she meant. They called Rabbi Bena鈥檃, and he said to them: She spoke to you of a water skin [zarnuka]. In other words, she was referring to a goat she owned that was slaughtered, its meat eaten, and its skin made into a water skin that could be filled with drinking water. They said: Since he is so wise, let him sit at the gate where the judges congregate and render judgment.

讞讝讗 讚讛讜讛 讻转讬讘 讘讗讘讜诇讗 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 诇讗 砖诪讬讛 讚讬讬谉 讗诪专 诇讛讜 讗诇讗 诪注转讛 讗转讗 讗讬谞讬砖 诪注诇诪讗

Rabbi Bena鈥檃 saw that it was written upon the gate [be鈥檃bbula]: Any judge who is summoned to judgment is not considered a judge, as judges must be above reproach. He said to them: If that is so, then if a person comes from elsewhere

讜诪讝诪讬谉 (诇讛讜) [诇讬讛] 诇讚讬谞讗 驻住诇讬讛 讗诇讗 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 讜诪驻拽讬谉 诪讬谞讬讛 诪诪讜谞讗 讘讚讬谉 诇讗讜 砖诪讬讛 讚讬讬谉 讻转讘讜 讛讻讬 讘专诐 住讗讘讬 讚讬讛讜讚讗讬 讗诪专讬 讻诇 讚讬讬谉 讚诪转拽专讬 诇讚讬谉 讜诪驻拽讬谉 诪讬谞讬讛 诪诪讜谞讗 讘讚讬谉 诇讗讜 砖诪讬讛 讚讬讬谉

and summons a judge to judgment, has he disqualified the judge even if he were later to be exonerated? Rather, it should say: Any judge who is summoned to judgment and money is lawfully taken from him, i.e., he was ordered to return someone鈥檚 property, is not considered a judge. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say that any judge who is summoned to judgment and money is lawfully taken from him is not considered a judge.

讞讝讗 讚讻转讬讘 讘专讗砖 讻诇 诪讜转讗 讗谞讗 讚诐 讘专讗砖 讻诇 讞讬讬谉 讗谞讗 讞诪专 讗诇讗 诪注转讛 讚谞驻讬诇 诪讗讬讙专讗 讜诪讬转 讜讚谞驻讬诇 诪讚讬拽诇讗 讜诪讬转 讚诪讗 拽讟诇讬讛 讜转讜 诪谉 讚讚专讻讬讛 诇诪讬诪转 诪砖拽讜 诇讬讛 讞诪专讗 讜讞讬讬 讗诇讗 讛讻讬 讘注讬 诇诪讻转讘 讘专讗砖 讻诇 诪专注讬谉 讗谞讗 讚诐 讘专讗砖 讻诇 讗住讜讜谉 讗谞讗 讞诪专 讻转讘讜 讛讻讬 讘专诐 住讗讘讬 讚讬讛讜讚讗讬 讗诪专讬 讘专讗砖 讻诇 诪专注讬谉 讗谞讗 讚诐 讘专讗砖 讻诇 讗住讜讜谉 讗谞讗 讞诪专 讘讗转专 讚诇讬转 讞诪专 转诪谉 诪转讘注讜 住诪谞讬谉

Rabbi Bena鈥檃 also saw that it was written there: At the head of all death am I, blood, i.e., people die from an excess of blood; at the head of all life am I, wine, i.e., wine is what gives life. He said to them: If that is so, in the case of someone who falls from a roof and dies, or someone who falls from a palm tree and dies, was it blood that killed him? And furthermore, concerning someone who is on the way to death, can they give him a drink of wine and he will live? Rather, this is what should be written: At the head of all illness am I, blood; at the head of all healing am I, wine. When they heard this, they wrote this addendum to the original inscription: But the elders of the Jews say: At the head of all illness am I, blood; at the head of all healing am I, wine. In a place where there is no wine, herbs are required there as medicines.

讻转讬讘 讗驻讬转讞讗 讚拽驻讜讟拽讬讗 讗谞驻拽 讗谞讘讙 讗谞讟诇 讜讗讬讝讛讜 讗谞讟诇 讝讛讜 专讘讬注讬转 砖诇 转讜专讛

Having related that incident, the Gemara notes that at the entrance of Kapotekiyya it was written: Anpak, anbag, antal, which are all names for the same measurement. And what is antal? It is the quarterlog of the Torah.

诪转谞讬壮 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 讛诪讝讞讬诇讛 讬砖 诇讛 讞讝拽讛

MISHNA: With regard to a spout protruding from one鈥檚 roof gutter draining water into another鈥檚 property, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place, as the Gemara will explain. With regard to a gutter pipe that traverses the length of the roof, one does have the means to establish an acquired privilege for its use.

住讜诇诐 讛诪爪专讬 讗讬谉 诇讜 讞讝拽讛 讜诇爪讜专讬 讬砖 诇讜 讞讝拽讛

With regard to an Egyptian ladder, which is small and portable, one has no means to establish an acquired privilege for its use. But with regard to a Tyrian ladder, which is large and fixed in place, one does have the means to establish an acquired privilege for its use.

讞诇讜谉 讛诪爪专讬转 讗讬谉 诇讛 讞讝拽讛 讜诇爪讜专讬转 讬砖 诇讛 讞讝拽讛 讗讬讝讜 讛讬讗 讞诇讜谉 讛诪爪专讬转 讻诇 砖讗讬谉 专讗砖讜 砖诇 讗讚诐 讬讻讜诇 诇讬讻谞住 诇转讜讻讛 专讘讬 讬讛讜讚讛 讗讜诪专 讗诐 讬砖 诇讛 诪诇讘谉 讗祝 注诇 驻讬 砖讗讬谉 专讗砖讜 砖诇 讗讚诐 讬讻讜诇 诇讬讻谞住 诇转讜讻讛 讛专讬 讝讜 讞讝拽讛

With regard to an Egyptian window, one has no means to establish an acquired privilege for its use; but with regard to a Tyrian window, one does have the means to establish an acquired privilege for its use. What is the defining feature of an Egyptian window? It is any window that is so small that a person鈥檚 head is not able to fit inside it. Rabbi Yehuda says: If a window has a frame, even though a person鈥檚 head is not able to fit inside it, one does have the means to establish an acquired privilege for its use.

讙诪壮 诪讗讬 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 讗诪专 专讘 讬讛讜讚讛 讗诪专 砖诪讜讗诇 讛讻讬 拽讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 诪专讜讞 讗讞转 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 诪砖转讬 专讜讞讜转

GEMARA: The Gemara asks: What is the meaning of the mishna鈥檚 statement: With regard to a spout, its owner has no means to establish an acquired privilege for its use, but he does have the means to establish an acquired privilege with regard to its place? Rav Yehuda said that Shmuel said: This is what it is saying: Concerning a spout, its owner has no means to establish an acquired privilege for its use with regard to one side, i.e., the owner of the field below has the right to move the spout from one place to another on one side of the roof, but he does have the means to establish an acquired privilege concerning its place with regard to two sides, i.e., the owner of the field below does not have the right to move it to another side of the roof.

专讘讬 讞谞讬谞讗 讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 砖讗诐 讛讬讛 讗专讜讱 诪拽爪专讜 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 砖讗诐 讘讗 诇注讜拽专讜 讗讬谞讜 注讜拽专讜

Rabbi 岣nina said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its size, as if it was long, the owner of the field below may shorten it, but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

专讘 讬专诪讬讛 讘专 讗讘讗 讗诪专 讛诪专讝讘 讗讬谉 诇讜 讞讝拽讛 砖讗诐 专讜爪讛 诇讘谞讜转 转讞转讬讜 讘讜谞讛 讜讬砖 诇诪拽讜诪讜 讞讝拽讛 砖讗诐 讘讗 诇注讜拽专讜 讗讬谞讜 注讜拽专讜

Rav Yirmeya bar Abba said there is a different explanation: With regard to a spout, its owner has no means to establish an acquired privilege for its use, as if the owner of the field below wishes to build beneath it, he may build, and the owner of the spout may not prevent him from doing so; but one does have the means to establish an acquired privilege with regard to its place, as if the owner of the field below comes to remove it entirely, he may not remove it.

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