Search

Bava Batra 7

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Binyamin Cohen and Ranana Dine in honor of their first wedding anniversary. “We got together by learning Daf, and our chevruta eventually led to our chuppah. We are happy to be able to mark our anniversary by sharing our love of Talmud with others through the Hadran community.” 

Rav Chama brings four rulings – three relating to whether people have the right to make others living next door/on top of them tear down walls, houses, etc. to improve their living space. The fourth relates to concern over people taking advantage of orphans and forging documents to get out of repaying a loan. For what needs can we insist that members of a courtyard share in the costs? Do town residents need to share the costs for a wall, a door, and a lock to protect the city? Do all the residents need to partake equally or do the wealthy pay more (as the enemy generally comes for money), or does each household pay per person (as perhaps the enemy comes to kill), or do the ones living closer to the wall pay more (as they are closer to the danger and need more protection)? Are Torah scholars exempt from payment for the city walls as their Torah learning protects them? Rabbi Yehuda Nesia obligated them but Reish Lakish disagreed and exempted them. Reish Lakish brought a verse to prove his point. Rabbi Yochanan questioned why he chose that verse and not a different verse that illustrates the same point.

Bava Batra 7

אֲמַר לֵיהּ: ״אֶיסְתְּרֵיהּ אֲנָא וְאֶבְנְיֵיהּ״. אֲמַר: ״לֵית לִי דּוּכְתָּא לְמֵידַר בַּהּ״. אֲמַר לֵיהּ: ״אֲנָא אוֹגַר לָךְ דּוּכְתָּא״. אֲמַר לֵיהּ: ״לָא טָרַחְנָא״. ״לָא קָא מִתְּדַר לִי״. ״שׁוּף אַכְּרֵיסָךְ וְעוּל, וָשׁוּף אַכְּרֵיסָךְ וּפוֹק״.

The owner of the lower story said to him: I will dismantle the structure and rebuild it. The owner of the upper story said: But then I will have no place to live while you are renovating. The owner of the lower story said to him: I will rent a place for you to live for the duration. The owner of the upper story said to him: I do not want to bother with moving. The owner of the lower story said to him: But I cannot live in my apartment in this condition, as the walls have sunk into the ground. The owner of the upper story said to him: That is not my problem. Crawl on your stomach to go in, and crawl on your stomach to go out.

אָמַר רַב חָמָא: בְּדִינָא קָא מְעַכֵּב. וְהָנֵי מִילֵּי דְּלָא מָטוּ כְּשׁוּרֵי לְמַטָּה מֵעֲשָׂרָה, אֲבָל מָטוּ כְּשׁוּרֵי לְמַטָּה מֵעֲשָׂרָה, מָצֵי אָמַר לֵיהּ: לְמַטָּה מֵעֲשָׂרָה רְשׁוּתָא דִידִי הוּא, וְלָא מְשַׁעְבַּד לָךְ.

Rav Ḥama said: By law, the owner of the upper story can prevent his downstairs neighbor from rebuilding. The Gemara comments: And this statement applies only when the beams supporting the second story have not reached lower than ten handbreadths from the ground. But if those beams have reached lower than ten handbreadths from the ground, the owner of the lower story can say to the owner of the upper story: Below ten handbreadths is my domain and my domain is not bound to you to support your residence.

וְהָנֵי מִילֵּי דְּלָא אַתְנוֹ גַּבֵּי הֲדָדֵי, אֲבָל אַתְנוֹ גַּבֵּי הֲדָדֵי – סָתְרִי וּבָנוּ.

The Gemara further comments: And this statement, that the owner of the upper story can prevent his downstairs neighbor from rebuilding, applies only when they did not stipulate with each other that if the house sinks they will rebuild the house anew. But if they made such a stipulation with each other, they must dismantle the house and rebuild it.

וְכִי אַתְנוֹ בַּהֲדֵי הֲדָדֵי – עַד כַּמָּה? אָמְרוּ רַבָּנַן קַמֵּיהּ דְּרַבָּה מִשְּׁמֵיהּ דְּמָר זוּטְרָא בְּרֵיהּ דְּרַב נַחְמָן, דְּאָמַר מִשְּׁמֵיהּ דְּרַב נַחְמָן, כְּאוֹתָהּ שֶׁשָּׁנִינוּ: רוּמוֹ – כַּחֲצִי אׇרְכּוֹ וְכַחֲצִי רׇחְבּוֹ. אֲמַר לְהוּ רַבָּה, לָאו אָמֵינָא לְכוּ: לָא תִּיתְלוֹ בֵּיהּ בּוּקֵי סְרִיקֵי בְּרַב נַחְמָן?! הָכִי אָמַר רַב נַחְמָן: כִּי דְּדָיְירִי אִינָשֵׁי. וְכַמָּה? אָמַר רַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ: כִּי הֵיכִי דְּעָיְילִי אִיסּוּרְיָתָא דְמָחוֹזָא, וְהָדַר.

The Gemara asks: And if they made such a stipulation with each other, to what extent must the ceiling of the lower story drop before they implement the stipulation? The Sages said before Rabba in the name of Mar Zutra, son of Rav Naḥman, who said in the name of Rav Naḥman: Like that which we learned in a mishna (98b): If one takes upon himself to build a house for another person, without stipulating its dimensions, its height must be equal to the sum of half its length and half its width. Rabba said to them: Did I not tell you not to hang empty pitchers on Rav Naḥman, meaning not to attribute foolish opinions to him? Rather, this is what Rav Naḥman said: As people normally live, and no more. And how much space is that? Rav Huna, son of Rav Yehoshua, said: The ceiling of the lower story must be high enough so that one could bring in bundles of reeds of the type made in Meḥoza and be able to turn around.

הָהוּא גַּבְרָא דַּהֲוָה בָּנֵי אֲשִׁיתָא אֲחוֹרֵי כַּוֵּוי דְּחַבְרֵיהּ. אָמַר לֵיהּ: קָא מַאַפְלַתְּ עֲלַי. אֲמַר לֵיהּ: סָכַרְנָא לָךְ הָכָא, וְעָבֵידְנָא לָךְ כַּוֵּוי לְעֵיל מֵאֲשִׁיתַאי. אֲמַר לֵיהּ: קָא מַרַעְתְּ לֵיהּ לַאֲשִׁיתַאי. אֲמַר לֵיהּ: סָתַרְנָא לָךְ לַאֲשִׁיתָךְ עַד דּוּכְתָּא דְכַוֵּוי, וּבָנֵינָא לַהּ, וְעָבֵידְנָא לָךְ כַּוֵּוי בְּבִנְיָנָא – לְעֵיל מֵאֲשִׁיתַאי. אֲמַר לֵיהּ: אֲשִׁיתָא מִתַּתָּאָה עַתִּיקָא, וּמִלְּעֵיל חַדְתָּא – לָא קָיְימָא.

It is further related that a certain man built a wall outside the windows of his neighbor. The neighbor said to him: You are blocking the light with your wall and darkening my house. The one who built the wall said to him: I will seal your windows here and make new windows for you in your wall above the wall that I am building. The neighbor said to him: By doing so you will damage my wall. The one who built the wall said to him: I will demolish your wall until the level of the windows and rebuild it, and then I will make windows for you in the new part of the building above my wall. The neighbor said to him: A wall that is old at the bottom and new at the top will not endure.

אֲמַר לֵיהּ: סָתַרְנָא לַהּ עַד לְאַרְעָא, וּבָנֵינָא לַהּ, וְעָבֵידְנָא לָךְ כַּוֵּוי בְּגַוַּהּ. אֲמַר לֵיהּ: חֲדָא אֲשִׁיתָא חַדְתָּא בְּכוּלֵּיהּ בֵּיתָא עַתִּיקָא, לָא קָיְימָא. אָמַר לֵיהּ: סָתַרְנָא לַהּ לְכוּלֵּיהּ בֵּיתָא, וּבָנֵינָא לָךְ כַּוֵּוי בְּבִנְיָנָא. אֲמַר לֵיהּ: לֵית לִי דּוּכְתָּא לְמֵידַר בַּהּ. אֲמַר לֵיהּ: אָגַירְנָא לָךְ דּוּכְתָּא. אֲמַר לֵיהּ: לָא טָרַחְנָא. אָמַר רַב חָמָא: בְּדִין קָא מְעַכֵּב.

The one who built the wall said to him: I will demolish the wall until the ground and entirely rebuild it, and then I will make windows for you in it above my wall. The neighbor said to him: One new wall in an old house will not endure. The one who built the wall said to him: I will demolish your entire house and put windows in the new building that I will erect in its place. The neighbor said to him: But in the meantime I will have no place to live. The one who built the wall said to him: I will rent a place for you to live. The neighbor said to him: I do not want to bother with moving. Rav Ḥama said: By law, the neighbor can prevent him from building the wall.

הַיְינוּ הָךְ – וְהָא תּוּ לְמָה לִי? הָא קָא מַשְׁמַע לַן – דְּאַף עַל גַּב דְּלָא מִשְׁתַּמֵּשׁ אֶלָּא תִּיבְנָא וּבֵי צִיבֵי בְּעָלְמָא.

The Gemara asks: This case is identical to that case; this case is very similar to the previous case of the owner of the upper story who can prevent the owner of the lower story from rebuilding. Why do I need this additional case? The Gemara answers: This teaches us that even if he uses the house only for storing straw and wood, he can still maintain that blocking the light causes him damage and can prevent the neighbor from erecting the wall.

הָנְהוּ בֵּי תְרֵי אַחֵי דְּפָלְגִי בַּהֲדֵי הֲדָדֵי; חַד מַטְיֵיהּ אִסְפְּלִידָא, וְחַד מַטְיֵיהּ תַּרְבִּיצָא. אֲזַל הָהוּא דְּמַטְיֵיהּ תַּרְבִּיצָא, וְקָא בָנֵי אֲשִׁיתָא אַפּוּמָּא דְאִסְפְּלִידָא. אֲמַר לֵיהּ: קָא מַאַפְלַתְּ עֲלַי. אֲמַר לֵיהּ: בְּדִידִי קָא בָנֵינָא. אָמַר רַב חָמָא: בְּדִין קָאָמַר לֵיהּ.

The Gemara further relates: There were two brothers who divided their father’s estate between them. One received a hall [aspelida] in his share and one received a garden. The one who received the garden went and built a wall in front of the opening of the hall. His brother said to him: You are blocking the light with your wall and darkening my house. The one who received the garden said to him: I am building on my property. Rav Ḥama said: By right he said that to him, as it is permitted for him to build there.

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי, מַאי שְׁנָא מֵהָא דְּתַנְיָא: שְׁנֵי אַחִין שֶׁחָלְקוּ, אֶחָד מֵהֶן נָטַל שְׂדֵה כֶרֶם וְאֶחָד מֵהֶן נָטַל שְׂדֵה לָבָן – יֵשׁ לוֹ לְבַעַל הַכֶּרֶם אַרְבַּע אַמּוֹת בִּשְׂדֵה לָבָן, שֶׁעַל מְנָת כֵּן חָלְקוּ?

Ravina said to Rav Ashi: In what way is this different from that which is taught in a baraita: If two brothers divided their father’s estate between them, one of them taking a vineyard and the other one taking a grain field, the owner of the vineyard has the right to an area four cubits wide in the grain field for the purpose of working the vineyard, since it was on that condition that they divided the estate. Why in this case does the owner of the hall not have the right to make use of the light coming in from the garden?

אֲמַר לֵיהּ: הָתָם דְּעַלּוּ לַהֲדָדֵי. אֲבָל הָכָא – מַאי, דְּלָא עַלּוּ לַהֲדָדֵי? וְכִי בְּשׁוּפְטָנֵי עָסְקִינַן – דְּהַאי שָׁקֵיל אִסְפְּלִידָא וְהַאי שָׁקֵיל תַּרְבִּיצָא, וְלָא עַלּוּ לַהֲדָדֵי?! אֲמַר לֵיהּ: נְהִי דְּעַלּוּ לַהֲדָדֵי דְּמֵי לִיבְנֵי, כְּשׁוּרֵי וְהוּדְרֵי; דְּמֵי אַוֵּירָא לָא עַלּוּ לַהֲדָדֵי.

Rav Ashi said to him: There, the reason is that they made an assessment with each other with regard to the value of the fields, arranging for compensation if one received more than the other, and they took the work area into account. Ravina asked: But what did they do here? Did they not make an assessment with each other? Are we dealing with fools, that this one took the valuable hall and the other one took the much less valuable garden without making an assessment with each other? Rav Ashi said to him: Although they assessed with each other the value of the bricks, the beams, and the boards, they did not assess with each other the value of the airspace. With regard to that, each one retained full rights to his respective airspace.

וְלֵימָא לֵיהּ: מֵעִיקָּרָא אִסְפְּלִידָא פְּלַגְתְּ לִי, הַשְׁתָּא מְשַׁוֵּית לִי אִידְּרוֹנָא! אָמַר רַב שִׁימִי בַּר אָשֵׁי: שְׁמָא בְּעָלְמָא פְּלַג לֵיהּ.

The Gemara says: And let the one who received the hall say to the other: Initially, you gave me a well-lit hall; now you are making it into a small dark room [idrona]. Rav Shimi bar Ashi said: He gave him only a place that is called a hall by name, that is, a place that is called a hall even though it is no longer used that way.

מִי לָא תַּנְיָא, הָאוֹמֵר: ״בֵּית כּוֹר עָפָר אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵינוֹ אֶלָּא לֶתֶךְ – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״בֵּית כּוֹר״. ״פַּרְדֵּס אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵין בּוֹ רִמּוֹנִים – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״פַּרְדֵּס״. ״כֶּרֶם אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵין בּוֹ גְּפָנִים – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״כַּרְמָא״?!

Rav Ashi continues: Isn’t it taught in a baraita: In the case of one who says to another: I am selling you a beit kor of dirt, it becomes his even if it is only a letekh, i.e., a half-kor, and the sale is not void, because he sold him only a place that is called a beit kor by name. The Gemara comments: And this ruling applies only as long as the land he is selling him is actually called a beit kor. Similarly, if he says to him: I am selling you an orchard, it becomes his even if it lacks pomegranates, because he sold him only a place that is called an orchard by name. The Gemara comments: And this applies only as long as the land he is selling is actually called an orchard. And similarly, if he says to him: I am selling you a vineyard, it becomes his even if it lacks grapevines, because he sold him only a place that is called a vineyard by name. The Gemara comments: And this applies only as long as the land he is selling is actually called a vineyard.

מִי דָּמֵי?! הָתָם, מָצֵי אֲמַר לֵיהּ מוֹכֵר לְלוֹקֵחַ: שְׁמָא זַבֵּינִי לָךְ; הָכָא, מָצֵי אֲמַר לֵיהּ: אַדַּעְתָּא דְּהָכִי פְּלַגִי – דְּדָאֵירְנָא בֵּיהּ כִּי הֵיכִי דְּדָרוּ אֲבָהָתַן.

The Gemara rejects this argument: Are these cases comparable? There, the seller can say to the buyer: I sold you only a place that is called that by name; here, the one who received the hall can say to his brother: I took this portion as my share on condition that I would live there the way our fathers lived there, and that you would not change that by blocking the light entering through the windows.

אֲמַרוּ לֵיהּ

With regard to Rav Ḥama’s ruling that it is permitted for the brother who received the garden to build a wall in front of the hall, they said to him,

מָר יָנוֹקָא וּמָר קַשִּׁישָׁא בְּרֵיהּ דְּרַב חִסְדָּא לְרַב אָשֵׁי: נְהַרְדָּעֵי לְטַעְמַיְיהוּ – דְּאָמַר רַב נַחְמָן אָמַר שְׁמוּאֵל: הָאַחִין שֶׁחָלְקוּ – אֵין לָהֶן לֹא דֶּרֶךְ זֶה עַל זֶה,

i.e., Mar Yenuka and Mar Kashisha, sons of Rav Ḥisda, said to Rav Ashi: The Sages of Neharde’a follow their usual line of reasoning, as Rav Ḥama, who was from Neharde’a, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Naḥman says that Shmuel says: In the case of brothers who divided their father’s estate, they do not have a right-of-way against each other. Although the father would traverse the outer field from the inner field to access the public domain, the brother who received the inner field as an inheritance does not have the right to traverse his brother’s outer field.

וְלֹא חַלּוֹנוֹת זֶה עַל זֶה, וְלֹא סוּלָּמוֹת זֶה עַל זֶה, וְלֹא אַמַּת הַמַּיִם זֶה עַל זֶה, וְהִזָּהֲרוּ בָּהֶן שֶׁהֲלָכוֹת קְבוּעוֹת הֵן. וְרָבָא אָמַר: יֵשׁ לָהֶן.

Shmuel continues: Nor do they have the right of windows against each other, i.e., the right to prevent the other from building a wall facing his windows; nor do they have the right of ladders against each other, i.e., the right to set up a ladder in the other’s property in order to get to his own; nor do they have the right of a water channel against each other, i.e., the right to pass a water channel through the other’s property. And be careful with these, since they are established halakhot. Rava says: The brothers do have all of the aforementioned rights. Rav Ḥama agrees with Shmuel’s opinion, that each brother can do as he pleases on his own property without the other one preventing him from doing so.

הָהוּא שְׁטָרָא דְיַתְמֵי, דְּנָפֵיק עֲלֵיהּ תְּבָרָא. אָמַר רַב חָמָא: אַגְבּוֹיֵי לָא מַגְבִּינַן לֵיהּ, וּמִיקְרָע לָא קָרְעִינַן לֵיהּ. אַגְבּוֹיֵי לָא מַגְבִּינַן לֵיהּ – דִּנְפַק תְּבָרָא עֲלֵיהּ. מִיקְרָע לָא קָרְעִינַן לֵיהּ – דְּכִי גָּדְלִי יַתְמֵי, דִּילְמָא מַיְיתוּ רְאָיָה וּמַרְעִי לֵיהּ.

Since Rav Ḥama’s rulings were mentioned, the Gemara cites another halakhic ruling in his name. There was a certain promissory note inherited by orphans from their father, stating that somebody owed them money, against which a receipt was produced by the borrower, stating that the debt was already paid. Rav Ḥama said: We cannot use the note to collect the debt on behalf of the orphans, nor can we tear it up. The Gemara explains: We cannot collect with the note because a receipt against it was produced by the borrower; and we cannot tear the note up because perhaps when the orphans grow up they will bring proof that the receipt was forged and undermine it.

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרָבִינָא: הִלְכְתָא מַאי? אֲמַר לֵיהּ: בְּכוּלְּהוּ הִלְכְתָא כְּרַב חָמָא, לְבַר מִתְּבָרָא – דְּסָהֲדֵי בְּשַׁקָּרֵי לָא מַחְזְקִינַן.

Rav Aḥa, son of Rava, said to Ravina: What is the halakha? Ravina said to him: In all the cases in this discussion, the halakha is in accordance with the opinion of Rav Ḥama, except for the case of the receipt, because we do not presume that the witnesses are liars. Since witnesses signed the receipt, the court trusts that the debt was paid and they tear up the promissory note.

מָר זוּטְרָא בְּרֵיהּ דְּרַב מָרִי אָמַר: בְּהָא נָמֵי הִלְכְתָא כְּרַב חָמָא; דְּאִם אִיתָא דִּתְבָרָא מְעַלְּיָא הוּא – אִיבְּעִי לֵיהּ לְאַפּוֹקֵי בְּחַיֵּי אֲבוּהוֹן, וּמִדְּלָא אַפְּקֵיהּ – שְׁמַע מִינַּהּ זַיּוֹפֵי זַיְּיפֵיהּ.

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav Ḥama, because the validity of the receipt is in doubt. As, if it is so that it is a valid receipt, the borrower should have produced it during their father’s lifetime. And since he did not produce it at the proper time, we learn from this that he may have forged it. Even though this is not an absolute proof, it is sufficient reason not to tear up the promissory note.

מַתְנִי׳ כּוֹפִין אוֹתוֹ לִבְנוֹת בֵּית שַׁעַר וָדֶלֶת לֶחָצֵר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כׇּל הַחֲצֵרוֹת רְאוּיוֹת לְבֵית שַׁעַר. כּוֹפִין אוֹתוֹ לִבְנוֹת לָעִיר חוֹמָה וּדְלָתַיִם וּבְרִיחַ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כׇּל הָעֲיָירוֹת רְאוּיוֹת לְחוֹמָה.

MISHNA: The residents of a courtyard can compel each inhabitant of that courtyard to financially participate in the building of a gatehouse and a door to the jointly owned courtyard. Rabban Shimon ben Gamliel disagrees and says: Not all courtyards require a gatehouse, and each courtyard must be considered on its own in accordance with its specific needs. Similarly, the residents of a city can compel each inhabitant of that city to contribute to the building of a wall, double doors, and a crossbar for the city. Rabban Shimon ben Gamliel disagrees and says: Not all towns require a wall.

כַּמָּה יְהֵא בָּעִיר וִיהֵא כְּאַנְשֵׁי הָעִיר? שְׁנֵים עָשָׂר חֹדֶשׁ. קָנָה בָּהּ בֵּית דִּירָה – הֲרֵי הוּא כְּאַנְשֵׁי הָעִיר מִיָּד.

With regard to this latter obligation, the mishna asks: How long must one live in the city to be considered like one of the people of the city and therefore obligated to contribute to these expenses? Twelve months. But if he bought himself a residence in the city, he is immediately considered like one of the people of the city.

גְּמָ׳ לְמֵימְרָא דְּבֵית שַׁעַר מְעַלְּיוּתָא הִיא?! וְהָא הָהוּא חֲסִידָא דַּהֲוָה רְגִיל אֵלִיָּהוּ דַּהֲוָה מִשְׁתַּעֵי בַּהֲדֵיהּ; עֲבַד בֵּית שַׁעַר, וְתוּ לָא מִשְׁתַּעֵי בַּהֲדֵיהּ! לָא קַשְׁיָא: הָא מִגַּוַּאי, הָא מִבָּרַאי.

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasn’t there that pious man, with whom the prophet Elijah was accustomed to speak, who built a gatehouse, and after-ward Elijah did not speak with him again? The objection to the building of a gatehouse is that the guard who mans it prevents the poor from entering and asking for charity. The Gemara answers: This is not difficult: This, the case presented in the mishna, is referring to a gatehouse built on the inside of the courtyard, in which case the poor can at least reach the courtyard’s entrance and be heard inside the courtyard; that, the story of the pious man and Elijah, involves a gatehouse that was built on the outside of the courtyard, completely blocking the poor’s access to the courtyard’s entrance.

וְאִי בָּעֵית אֵימָא: הָא וְהָא מִבָּרַאי, וְלָא קַשְׁיָא: הָא דְּאִית לֵיהּ דֶּלֶת, הָא דְּלֵית לֵיהּ דֶּלֶת. אִי בָּעֵית אֵימָא: הָא וְהָא דְּאִית לֵיהּ דֶּלֶת, וְלָא קַשְׁיָא: הָא דְּאִית לֵיהּ פּוֹתַחַת, הָא דְּלֵית לֵיהּ פּוֹתַחַת. אִי בָּעֵית אֵימָא: הָא וְהָא דְּאִית לֵיהּ פּוֹתַחַת, וְלָא קַשְׁיָא: הָא דְּפוֹתַחַת דִּידֵיהּ מִגַּוַּאי, הָא דְּפוֹתַחַת דִּידֵיהּ מִבָּרַאי.

And if you wish, say instead that in both cases the gatehouse was built outside the courtyard, and yet this is not difficult: In the one case, there is a door to the gatehouse, so that the poor cannot be heard inside the courtyard, while in the other case there is no door. Or if you wish, say that in both cases there is a door, and still this is not difficult: In the one case, there is a key needed to open the door, and the key is not available to the poor people, whereas in the other case, there is no key needed. Or if you wish, say that in both cases there is a key needed, and even so this is not difficult: In the one case the key is on the inside, so that the poor cannot reach it, while in the other case of the mishna, the key is on the outside.

כּוֹפִין אוֹתוֹ לִבְנוֹת בֵּית שַׁעַר וָדֶלֶת לֶחָצֵר. תַּנְיָא, רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כָּל חֲצֵרוֹת רְאוּיוֹת לְבֵית שַׁעַר; אֶלָּא חָצֵר הַסְּמוּכָה לִרְשׁוּת הָרַבִּים – רְאוּיָה לְבֵית שַׁעַר, וְשֶׁאֵינָהּ סְמוּכָה לִרְשׁוּת הָרַבִּים – אֵינָהּ רְאוּיָה לְבֵית שַׁעַר. וְרַבָּנַן – זִימְנִין דְּדָחֲקִי בְּנֵי רְשׁוּת הָרַבִּים, וְעָיְילוּ וְאָתוּ.

§ The mishna teaches that the residents of a courtyard can compel each inhabitant of that courtyard to financially participate in the building of a gatehouse and a door to the jointly owned courtyard. It is taught in a baraita that Rabban Shimon ben Gamliel says: Not all courtyards require a gatehouse. Rather, a courtyard that adjoins the public domain requires a gatehouse to prevent people from peering in. But a courtyard that does not adjoin the public domain does not require a gatehouse. The Gemara asks: And why don’t the Rabbis make this distinction? The Gemara answers: Even if a courtyard does not adjoin the public domain, people in the public domain sometimes are forced toward the courtyard due to crowding in the public domain, and come and enter the courtyard.

כּוֹפִין אוֹתוֹ לִבְנוֹת לָעִיר כּוּ׳. תָּנוּ רַבָּנַן: כּוֹפִין אוֹתוֹ לַעֲשׂוֹת לָעִיר דְּלָתַיִם וּבְרִיחַ. וְרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כָּל הָעֲיָירוֹת רְאוּיוֹת לְחוֹמָה; אֶלָּא עִיר הַסְּמוּכָה לַסְּפָר – רְאוּיָה לְחוֹמָה, וְשֶׁאֵינָהּ סְמוּכָה לַסְּפָר – אֵינָהּ רְאוּיָה לְחוֹמָה. וְרַבָּנַן – זִימְנִין דְּמִקְּרוּ וְאָתֵי גְּיָיסָא.

§ The mishna teaches that the residents of a city can compel each inhabitant of that city to contribute to the building of a wall, double doors, and a crossbar for the city. The Sages taught in a baraita: The residents of a city can compel each inhabitant of that city to build double doors and a crossbar for the city. And Rabban Shimon ben Gamliel says: Not all cities require a wall. Rather, a city that adjoins the state border requires a wall, whereas a city that does not adjoin the state border does not require a wall. The Gemara asks: And why don’t the Rabbis make this distinction? The Gemara answers: Even if a city does not adjoin the border, it sometimes happens that invading troops come into the area. Therefore, it is always good for a city to be protected by a wall.

בְּעָא מִינֵּיהּ רַבִּי אֶלְעָזָר מֵרַבִּי יוֹחָנָן: כְּשֶׁהֵן גּוֹבִין, לְפִי נְפָשׁוֹת גּוֹבִין, אוֹ דִילְמָא לְפִי שֶׁבַח מָמוֹן גּוֹבִין? אֲמַר לֵיהּ: לְפִי מָמוֹן גּוֹבִין; וְאֶלְעָזָר בְּנִי, קְבַע בָּהּ מַסְמְרוֹת!

With regard to this issue, Rabbi Elazar asked Rabbi Yoḥanan: When the residents of the city collect money to build a wall, do they collect based on the number of people living in each house, or perhaps they collect based on the net worth of each person? Rabbi Yoḥanan said to him: They collect based on the net worth of each person, and Elazar, my son, you shall fix nails in this, i.e., this is an established halakha, and you must not veer from it.

אִיכָּא דְּאָמְרִי, בְּעָא מִינֵּיהּ רַבִּי אֶלְעָזָר מֵרַבִּי יוֹחָנָן: כְּשֶׁהֵן גּוֹבִין, לְפִי קֵירוּב בָּתִּים הֵן גּוֹבִין, אוֹ דִילְמָא לְפִי מָמוֹן גּוֹבִין? אֲמַר לֵיהּ: לְפִי קֵירוּב בָּתִּים הֵן גּוֹבִין; וְאֶלְעָזָר בְּנִי, קְבַע בָּהּ מַסְמְרוֹת!

There are those who say that Rabbi Elazar asked Rabbi Yoḥanan: When they collect money to build a wall, do they collect based on the proximity of the houses to the wall, so that those people who live closer to the wall pay more? Or perhaps they collect based on the net worth of each person. Rabbi Yoḥanan said to him: They collect based on the proximity of the houses to the wall, and Elazar, my son, you shall fix nails in this.

רַבִּי יְהוּדָה נְשִׂיאָה רְמָא דְּשׁוּרָא אַדְּרַבָּנַן. אָמַר רֵישׁ לָקִישׁ: רַבָּנַן לָא צְרִיכִי נְטִירוּתָא, דִּכְתִיב: ״אֶסְפְּרֵם מֵחוֹל יִרְבּוּן״ – אֶסְפְּרֵם לְמַאן? אִילֵימָא לְצַדִּיקִים – דִּנְפִישִׁי מֵחָלָא; הַשְׁתָּא כּוּלְּהוּ יִשְׂרָאֵל כְּתִיב בְּהוּ: ״כַּחוֹל אֲשֶׁר עַל שְׂפַת הַיָּם״, צַדִּיקִים עַצְמָם ״מֵחוֹל יִרְבּוּן״?!

§ It is related that Rabbi Yehuda Nesia once imposed payment of the tax for the wall even on the Sages. Reish Lakish said to him: The Sages do not require protection, as it is written: “How precious are your dear ones to me, O God…If I should count them, they are more in number than the sand” (Psalms 139:17–18). If I should count whom? If we say this is referring to the righteous, and the verse is saying that they are greater in number than the grains of sand, this is difficult. Now if it is written about all of Israel: “As the sand which is upon the seashore” (Genesis 22:17), can the righteous themselves, who are a part of Israel, be greater in number than the grains of sand? How can they possibly outnumber the grains of sand upon the seashore?

אֶלָּא הָכִי קָאָמַר: אֶסְפְּרֵם לְמַעֲשֵׂיהֶם שֶׁל צַדִּיקִים, מֵחוֹל יִרְבּוּן. וְקַל וָחוֹמֶר: וּמָה חוֹל, שֶׁמּוּעָט – מֵגֵין עַל הַיָּם; מַעֲשֵׂיהֶם שֶׁל צַדִּיקִים, שֶׁהֵם מְרוּבִּים – לֹא כׇּל שֶׁכֵּן שֶׁמְּגִינִּים עֲלֵיהֶם.

Rather, this is what the verse is saying: If I should count the deeds of the righteous, they are greater in number than the grains of sand. And it follows by an a fortiori inference: If the grains of sand, which are fewer in number, protect the shore from the sea, barring it from flowing inland (see Jeremiah 5:22), do not all the more so the deeds of the righteous, which are greater in number, protect them? Consequently the Sages do not need additional protection.

כִּי אֲתָא לְקַמֵּיהּ דְּרַבִּי יוֹחָנָן, אֲמַר לֵיהּ: מַאי טַעְמָא לָא תֵּימָא לֵיהּ מֵהָא: ״אֲנִי חוֹמָה וְשָׁדַי כַּמִּגְדָּלוֹת״; ״אֲנִי חוֹמָה״ – זוֹ תּוֹרָה, ״וְשָׁדַי כַּמִּגְדָּלוֹת״ –

When Reish Lakish came before Rabbi Yoḥanan and reported the exchange to him, Rabbi Yoḥanan said to him: What is the reason that you did not quote this verse to him: “I am a wall and my breasts are like towers” (Song of Songs 8:10), which may be explained as follows: “I am a wall”; this is referring to the Torah. “And my breasts are like towers”;

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

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. 

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 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

Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .

Goldie Gilad
Goldie Gilad

Kfar Saba, 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 never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.

Caroline-Ben-Ari-Tapestry
Caroline Ben-Ari

Karmiel, Israel

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, 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

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 was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!

Joséphine Altzman
Joséphine Altzman

Teaneck, United States

I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

Martha Tarazi
Martha Tarazi

Panama, Panama

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!

Silke Goldberg
Silke Goldberg

Guildford, United Kingdom

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

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

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

Bava Batra 7

אֲמַר לֵיהּ: ״אֶיסְתְּרֵיהּ אֲנָא וְאֶבְנְיֵיהּ״. אֲמַר: ״לֵית לִי דּוּכְתָּא לְמֵידַר בַּהּ״. אֲמַר לֵיהּ: ״אֲנָא אוֹגַר לָךְ דּוּכְתָּא״. אֲמַר לֵיהּ: ״לָא טָרַחְנָא״. ״לָא קָא מִתְּדַר לִי״. ״שׁוּף אַכְּרֵיסָךְ וְעוּל, וָשׁוּף אַכְּרֵיסָךְ וּפוֹק״.

The owner of the lower story said to him: I will dismantle the structure and rebuild it. The owner of the upper story said: But then I will have no place to live while you are renovating. The owner of the lower story said to him: I will rent a place for you to live for the duration. The owner of the upper story said to him: I do not want to bother with moving. The owner of the lower story said to him: But I cannot live in my apartment in this condition, as the walls have sunk into the ground. The owner of the upper story said to him: That is not my problem. Crawl on your stomach to go in, and crawl on your stomach to go out.

אָמַר רַב חָמָא: בְּדִינָא קָא מְעַכֵּב. וְהָנֵי מִילֵּי דְּלָא מָטוּ כְּשׁוּרֵי לְמַטָּה מֵעֲשָׂרָה, אֲבָל מָטוּ כְּשׁוּרֵי לְמַטָּה מֵעֲשָׂרָה, מָצֵי אָמַר לֵיהּ: לְמַטָּה מֵעֲשָׂרָה רְשׁוּתָא דִידִי הוּא, וְלָא מְשַׁעְבַּד לָךְ.

Rav Ḥama said: By law, the owner of the upper story can prevent his downstairs neighbor from rebuilding. The Gemara comments: And this statement applies only when the beams supporting the second story have not reached lower than ten handbreadths from the ground. But if those beams have reached lower than ten handbreadths from the ground, the owner of the lower story can say to the owner of the upper story: Below ten handbreadths is my domain and my domain is not bound to you to support your residence.

וְהָנֵי מִילֵּי דְּלָא אַתְנוֹ גַּבֵּי הֲדָדֵי, אֲבָל אַתְנוֹ גַּבֵּי הֲדָדֵי – סָתְרִי וּבָנוּ.

The Gemara further comments: And this statement, that the owner of the upper story can prevent his downstairs neighbor from rebuilding, applies only when they did not stipulate with each other that if the house sinks they will rebuild the house anew. But if they made such a stipulation with each other, they must dismantle the house and rebuild it.

וְכִי אַתְנוֹ בַּהֲדֵי הֲדָדֵי – עַד כַּמָּה? אָמְרוּ רַבָּנַן קַמֵּיהּ דְּרַבָּה מִשְּׁמֵיהּ דְּמָר זוּטְרָא בְּרֵיהּ דְּרַב נַחְמָן, דְּאָמַר מִשְּׁמֵיהּ דְּרַב נַחְמָן, כְּאוֹתָהּ שֶׁשָּׁנִינוּ: רוּמוֹ – כַּחֲצִי אׇרְכּוֹ וְכַחֲצִי רׇחְבּוֹ. אֲמַר לְהוּ רַבָּה, לָאו אָמֵינָא לְכוּ: לָא תִּיתְלוֹ בֵּיהּ בּוּקֵי סְרִיקֵי בְּרַב נַחְמָן?! הָכִי אָמַר רַב נַחְמָן: כִּי דְּדָיְירִי אִינָשֵׁי. וְכַמָּה? אָמַר רַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ: כִּי הֵיכִי דְּעָיְילִי אִיסּוּרְיָתָא דְמָחוֹזָא, וְהָדַר.

The Gemara asks: And if they made such a stipulation with each other, to what extent must the ceiling of the lower story drop before they implement the stipulation? The Sages said before Rabba in the name of Mar Zutra, son of Rav Naḥman, who said in the name of Rav Naḥman: Like that which we learned in a mishna (98b): If one takes upon himself to build a house for another person, without stipulating its dimensions, its height must be equal to the sum of half its length and half its width. Rabba said to them: Did I not tell you not to hang empty pitchers on Rav Naḥman, meaning not to attribute foolish opinions to him? Rather, this is what Rav Naḥman said: As people normally live, and no more. And how much space is that? Rav Huna, son of Rav Yehoshua, said: The ceiling of the lower story must be high enough so that one could bring in bundles of reeds of the type made in Meḥoza and be able to turn around.

הָהוּא גַּבְרָא דַּהֲוָה בָּנֵי אֲשִׁיתָא אֲחוֹרֵי כַּוֵּוי דְּחַבְרֵיהּ. אָמַר לֵיהּ: קָא מַאַפְלַתְּ עֲלַי. אֲמַר לֵיהּ: סָכַרְנָא לָךְ הָכָא, וְעָבֵידְנָא לָךְ כַּוֵּוי לְעֵיל מֵאֲשִׁיתַאי. אֲמַר לֵיהּ: קָא מַרַעְתְּ לֵיהּ לַאֲשִׁיתַאי. אֲמַר לֵיהּ: סָתַרְנָא לָךְ לַאֲשִׁיתָךְ עַד דּוּכְתָּא דְכַוֵּוי, וּבָנֵינָא לַהּ, וְעָבֵידְנָא לָךְ כַּוֵּוי בְּבִנְיָנָא – לְעֵיל מֵאֲשִׁיתַאי. אֲמַר לֵיהּ: אֲשִׁיתָא מִתַּתָּאָה עַתִּיקָא, וּמִלְּעֵיל חַדְתָּא – לָא קָיְימָא.

It is further related that a certain man built a wall outside the windows of his neighbor. The neighbor said to him: You are blocking the light with your wall and darkening my house. The one who built the wall said to him: I will seal your windows here and make new windows for you in your wall above the wall that I am building. The neighbor said to him: By doing so you will damage my wall. The one who built the wall said to him: I will demolish your wall until the level of the windows and rebuild it, and then I will make windows for you in the new part of the building above my wall. The neighbor said to him: A wall that is old at the bottom and new at the top will not endure.

אֲמַר לֵיהּ: סָתַרְנָא לַהּ עַד לְאַרְעָא, וּבָנֵינָא לַהּ, וְעָבֵידְנָא לָךְ כַּוֵּוי בְּגַוַּהּ. אֲמַר לֵיהּ: חֲדָא אֲשִׁיתָא חַדְתָּא בְּכוּלֵּיהּ בֵּיתָא עַתִּיקָא, לָא קָיְימָא. אָמַר לֵיהּ: סָתַרְנָא לַהּ לְכוּלֵּיהּ בֵּיתָא, וּבָנֵינָא לָךְ כַּוֵּוי בְּבִנְיָנָא. אֲמַר לֵיהּ: לֵית לִי דּוּכְתָּא לְמֵידַר בַּהּ. אֲמַר לֵיהּ: אָגַירְנָא לָךְ דּוּכְתָּא. אֲמַר לֵיהּ: לָא טָרַחְנָא. אָמַר רַב חָמָא: בְּדִין קָא מְעַכֵּב.

The one who built the wall said to him: I will demolish the wall until the ground and entirely rebuild it, and then I will make windows for you in it above my wall. The neighbor said to him: One new wall in an old house will not endure. The one who built the wall said to him: I will demolish your entire house and put windows in the new building that I will erect in its place. The neighbor said to him: But in the meantime I will have no place to live. The one who built the wall said to him: I will rent a place for you to live. The neighbor said to him: I do not want to bother with moving. Rav Ḥama said: By law, the neighbor can prevent him from building the wall.

הַיְינוּ הָךְ – וְהָא תּוּ לְמָה לִי? הָא קָא מַשְׁמַע לַן – דְּאַף עַל גַּב דְּלָא מִשְׁתַּמֵּשׁ אֶלָּא תִּיבְנָא וּבֵי צִיבֵי בְּעָלְמָא.

The Gemara asks: This case is identical to that case; this case is very similar to the previous case of the owner of the upper story who can prevent the owner of the lower story from rebuilding. Why do I need this additional case? The Gemara answers: This teaches us that even if he uses the house only for storing straw and wood, he can still maintain that blocking the light causes him damage and can prevent the neighbor from erecting the wall.

הָנְהוּ בֵּי תְרֵי אַחֵי דְּפָלְגִי בַּהֲדֵי הֲדָדֵי; חַד מַטְיֵיהּ אִסְפְּלִידָא, וְחַד מַטְיֵיהּ תַּרְבִּיצָא. אֲזַל הָהוּא דְּמַטְיֵיהּ תַּרְבִּיצָא, וְקָא בָנֵי אֲשִׁיתָא אַפּוּמָּא דְאִסְפְּלִידָא. אֲמַר לֵיהּ: קָא מַאַפְלַתְּ עֲלַי. אֲמַר לֵיהּ: בְּדִידִי קָא בָנֵינָא. אָמַר רַב חָמָא: בְּדִין קָאָמַר לֵיהּ.

The Gemara further relates: There were two brothers who divided their father’s estate between them. One received a hall [aspelida] in his share and one received a garden. The one who received the garden went and built a wall in front of the opening of the hall. His brother said to him: You are blocking the light with your wall and darkening my house. The one who received the garden said to him: I am building on my property. Rav Ḥama said: By right he said that to him, as it is permitted for him to build there.

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי, מַאי שְׁנָא מֵהָא דְּתַנְיָא: שְׁנֵי אַחִין שֶׁחָלְקוּ, אֶחָד מֵהֶן נָטַל שְׂדֵה כֶרֶם וְאֶחָד מֵהֶן נָטַל שְׂדֵה לָבָן – יֵשׁ לוֹ לְבַעַל הַכֶּרֶם אַרְבַּע אַמּוֹת בִּשְׂדֵה לָבָן, שֶׁעַל מְנָת כֵּן חָלְקוּ?

Ravina said to Rav Ashi: In what way is this different from that which is taught in a baraita: If two brothers divided their father’s estate between them, one of them taking a vineyard and the other one taking a grain field, the owner of the vineyard has the right to an area four cubits wide in the grain field for the purpose of working the vineyard, since it was on that condition that they divided the estate. Why in this case does the owner of the hall not have the right to make use of the light coming in from the garden?

אֲמַר לֵיהּ: הָתָם דְּעַלּוּ לַהֲדָדֵי. אֲבָל הָכָא – מַאי, דְּלָא עַלּוּ לַהֲדָדֵי? וְכִי בְּשׁוּפְטָנֵי עָסְקִינַן – דְּהַאי שָׁקֵיל אִסְפְּלִידָא וְהַאי שָׁקֵיל תַּרְבִּיצָא, וְלָא עַלּוּ לַהֲדָדֵי?! אֲמַר לֵיהּ: נְהִי דְּעַלּוּ לַהֲדָדֵי דְּמֵי לִיבְנֵי, כְּשׁוּרֵי וְהוּדְרֵי; דְּמֵי אַוֵּירָא לָא עַלּוּ לַהֲדָדֵי.

Rav Ashi said to him: There, the reason is that they made an assessment with each other with regard to the value of the fields, arranging for compensation if one received more than the other, and they took the work area into account. Ravina asked: But what did they do here? Did they not make an assessment with each other? Are we dealing with fools, that this one took the valuable hall and the other one took the much less valuable garden without making an assessment with each other? Rav Ashi said to him: Although they assessed with each other the value of the bricks, the beams, and the boards, they did not assess with each other the value of the airspace. With regard to that, each one retained full rights to his respective airspace.

וְלֵימָא לֵיהּ: מֵעִיקָּרָא אִסְפְּלִידָא פְּלַגְתְּ לִי, הַשְׁתָּא מְשַׁוֵּית לִי אִידְּרוֹנָא! אָמַר רַב שִׁימִי בַּר אָשֵׁי: שְׁמָא בְּעָלְמָא פְּלַג לֵיהּ.

The Gemara says: And let the one who received the hall say to the other: Initially, you gave me a well-lit hall; now you are making it into a small dark room [idrona]. Rav Shimi bar Ashi said: He gave him only a place that is called a hall by name, that is, a place that is called a hall even though it is no longer used that way.

מִי לָא תַּנְיָא, הָאוֹמֵר: ״בֵּית כּוֹר עָפָר אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵינוֹ אֶלָּא לֶתֶךְ – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״בֵּית כּוֹר״. ״פַּרְדֵּס אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵין בּוֹ רִמּוֹנִים – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״פַּרְדֵּס״. ״כֶּרֶם אֲנִי מוֹכֵר לָךְ״, אַף עַל פִּי שֶׁאֵין בּוֹ גְּפָנִים – הִגִּיעוֹ, שֶׁלֹּא מָכַר לוֹ אֶלָּא שְׁמָא; וְהוּא דְּמִיתְקְרֵי ״כַּרְמָא״?!

Rav Ashi continues: Isn’t it taught in a baraita: In the case of one who says to another: I am selling you a beit kor of dirt, it becomes his even if it is only a letekh, i.e., a half-kor, and the sale is not void, because he sold him only a place that is called a beit kor by name. The Gemara comments: And this ruling applies only as long as the land he is selling him is actually called a beit kor. Similarly, if he says to him: I am selling you an orchard, it becomes his even if it lacks pomegranates, because he sold him only a place that is called an orchard by name. The Gemara comments: And this applies only as long as the land he is selling is actually called an orchard. And similarly, if he says to him: I am selling you a vineyard, it becomes his even if it lacks grapevines, because he sold him only a place that is called a vineyard by name. The Gemara comments: And this applies only as long as the land he is selling is actually called a vineyard.

מִי דָּמֵי?! הָתָם, מָצֵי אֲמַר לֵיהּ מוֹכֵר לְלוֹקֵחַ: שְׁמָא זַבֵּינִי לָךְ; הָכָא, מָצֵי אֲמַר לֵיהּ: אַדַּעְתָּא דְּהָכִי פְּלַגִי – דְּדָאֵירְנָא בֵּיהּ כִּי הֵיכִי דְּדָרוּ אֲבָהָתַן.

The Gemara rejects this argument: Are these cases comparable? There, the seller can say to the buyer: I sold you only a place that is called that by name; here, the one who received the hall can say to his brother: I took this portion as my share on condition that I would live there the way our fathers lived there, and that you would not change that by blocking the light entering through the windows.

אֲמַרוּ לֵיהּ

With regard to Rav Ḥama’s ruling that it is permitted for the brother who received the garden to build a wall in front of the hall, they said to him,

מָר יָנוֹקָא וּמָר קַשִּׁישָׁא בְּרֵיהּ דְּרַב חִסְדָּא לְרַב אָשֵׁי: נְהַרְדָּעֵי לְטַעְמַיְיהוּ – דְּאָמַר רַב נַחְמָן אָמַר שְׁמוּאֵל: הָאַחִין שֶׁחָלְקוּ – אֵין לָהֶן לֹא דֶּרֶךְ זֶה עַל זֶה,

i.e., Mar Yenuka and Mar Kashisha, sons of Rav Ḥisda, said to Rav Ashi: The Sages of Neharde’a follow their usual line of reasoning, as Rav Ḥama, who was from Neharde’a, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Naḥman says that Shmuel says: In the case of brothers who divided their father’s estate, they do not have a right-of-way against each other. Although the father would traverse the outer field from the inner field to access the public domain, the brother who received the inner field as an inheritance does not have the right to traverse his brother’s outer field.

וְלֹא חַלּוֹנוֹת זֶה עַל זֶה, וְלֹא סוּלָּמוֹת זֶה עַל זֶה, וְלֹא אַמַּת הַמַּיִם זֶה עַל זֶה, וְהִזָּהֲרוּ בָּהֶן שֶׁהֲלָכוֹת קְבוּעוֹת הֵן. וְרָבָא אָמַר: יֵשׁ לָהֶן.

Shmuel continues: Nor do they have the right of windows against each other, i.e., the right to prevent the other from building a wall facing his windows; nor do they have the right of ladders against each other, i.e., the right to set up a ladder in the other’s property in order to get to his own; nor do they have the right of a water channel against each other, i.e., the right to pass a water channel through the other’s property. And be careful with these, since they are established halakhot. Rava says: The brothers do have all of the aforementioned rights. Rav Ḥama agrees with Shmuel’s opinion, that each brother can do as he pleases on his own property without the other one preventing him from doing so.

הָהוּא שְׁטָרָא דְיַתְמֵי, דְּנָפֵיק עֲלֵיהּ תְּבָרָא. אָמַר רַב חָמָא: אַגְבּוֹיֵי לָא מַגְבִּינַן לֵיהּ, וּמִיקְרָע לָא קָרְעִינַן לֵיהּ. אַגְבּוֹיֵי לָא מַגְבִּינַן לֵיהּ – דִּנְפַק תְּבָרָא עֲלֵיהּ. מִיקְרָע לָא קָרְעִינַן לֵיהּ – דְּכִי גָּדְלִי יַתְמֵי, דִּילְמָא מַיְיתוּ רְאָיָה וּמַרְעִי לֵיהּ.

Since Rav Ḥama’s rulings were mentioned, the Gemara cites another halakhic ruling in his name. There was a certain promissory note inherited by orphans from their father, stating that somebody owed them money, against which a receipt was produced by the borrower, stating that the debt was already paid. Rav Ḥama said: We cannot use the note to collect the debt on behalf of the orphans, nor can we tear it up. The Gemara explains: We cannot collect with the note because a receipt against it was produced by the borrower; and we cannot tear the note up because perhaps when the orphans grow up they will bring proof that the receipt was forged and undermine it.

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרָבִינָא: הִלְכְתָא מַאי? אֲמַר לֵיהּ: בְּכוּלְּהוּ הִלְכְתָא כְּרַב חָמָא, לְבַר מִתְּבָרָא – דְּסָהֲדֵי בְּשַׁקָּרֵי לָא מַחְזְקִינַן.

Rav Aḥa, son of Rava, said to Ravina: What is the halakha? Ravina said to him: In all the cases in this discussion, the halakha is in accordance with the opinion of Rav Ḥama, except for the case of the receipt, because we do not presume that the witnesses are liars. Since witnesses signed the receipt, the court trusts that the debt was paid and they tear up the promissory note.

מָר זוּטְרָא בְּרֵיהּ דְּרַב מָרִי אָמַר: בְּהָא נָמֵי הִלְכְתָא כְּרַב חָמָא; דְּאִם אִיתָא דִּתְבָרָא מְעַלְּיָא הוּא – אִיבְּעִי לֵיהּ לְאַפּוֹקֵי בְּחַיֵּי אֲבוּהוֹן, וּמִדְּלָא אַפְּקֵיהּ – שְׁמַע מִינַּהּ זַיּוֹפֵי זַיְּיפֵיהּ.

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav Ḥama, because the validity of the receipt is in doubt. As, if it is so that it is a valid receipt, the borrower should have produced it during their father’s lifetime. And since he did not produce it at the proper time, we learn from this that he may have forged it. Even though this is not an absolute proof, it is sufficient reason not to tear up the promissory note.

מַתְנִי׳ כּוֹפִין אוֹתוֹ לִבְנוֹת בֵּית שַׁעַר וָדֶלֶת לֶחָצֵר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כׇּל הַחֲצֵרוֹת רְאוּיוֹת לְבֵית שַׁעַר. כּוֹפִין אוֹתוֹ לִבְנוֹת לָעִיר חוֹמָה וּדְלָתַיִם וּבְרִיחַ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כׇּל הָעֲיָירוֹת רְאוּיוֹת לְחוֹמָה.

MISHNA: The residents of a courtyard can compel each inhabitant of that courtyard to financially participate in the building of a gatehouse and a door to the jointly owned courtyard. Rabban Shimon ben Gamliel disagrees and says: Not all courtyards require a gatehouse, and each courtyard must be considered on its own in accordance with its specific needs. Similarly, the residents of a city can compel each inhabitant of that city to contribute to the building of a wall, double doors, and a crossbar for the city. Rabban Shimon ben Gamliel disagrees and says: Not all towns require a wall.

כַּמָּה יְהֵא בָּעִיר וִיהֵא כְּאַנְשֵׁי הָעִיר? שְׁנֵים עָשָׂר חֹדֶשׁ. קָנָה בָּהּ בֵּית דִּירָה – הֲרֵי הוּא כְּאַנְשֵׁי הָעִיר מִיָּד.

With regard to this latter obligation, the mishna asks: How long must one live in the city to be considered like one of the people of the city and therefore obligated to contribute to these expenses? Twelve months. But if he bought himself a residence in the city, he is immediately considered like one of the people of the city.

גְּמָ׳ לְמֵימְרָא דְּבֵית שַׁעַר מְעַלְּיוּתָא הִיא?! וְהָא הָהוּא חֲסִידָא דַּהֲוָה רְגִיל אֵלִיָּהוּ דַּהֲוָה מִשְׁתַּעֵי בַּהֲדֵיהּ; עֲבַד בֵּית שַׁעַר, וְתוּ לָא מִשְׁתַּעֵי בַּהֲדֵיהּ! לָא קַשְׁיָא: הָא מִגַּוַּאי, הָא מִבָּרַאי.

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasn’t there that pious man, with whom the prophet Elijah was accustomed to speak, who built a gatehouse, and after-ward Elijah did not speak with him again? The objection to the building of a gatehouse is that the guard who mans it prevents the poor from entering and asking for charity. The Gemara answers: This is not difficult: This, the case presented in the mishna, is referring to a gatehouse built on the inside of the courtyard, in which case the poor can at least reach the courtyard’s entrance and be heard inside the courtyard; that, the story of the pious man and Elijah, involves a gatehouse that was built on the outside of the courtyard, completely blocking the poor’s access to the courtyard’s entrance.

וְאִי בָּעֵית אֵימָא: הָא וְהָא מִבָּרַאי, וְלָא קַשְׁיָא: הָא דְּאִית לֵיהּ דֶּלֶת, הָא דְּלֵית לֵיהּ דֶּלֶת. אִי בָּעֵית אֵימָא: הָא וְהָא דְּאִית לֵיהּ דֶּלֶת, וְלָא קַשְׁיָא: הָא דְּאִית לֵיהּ פּוֹתַחַת, הָא דְּלֵית לֵיהּ פּוֹתַחַת. אִי בָּעֵית אֵימָא: הָא וְהָא דְּאִית לֵיהּ פּוֹתַחַת, וְלָא קַשְׁיָא: הָא דְּפוֹתַחַת דִּידֵיהּ מִגַּוַּאי, הָא דְּפוֹתַחַת דִּידֵיהּ מִבָּרַאי.

And if you wish, say instead that in both cases the gatehouse was built outside the courtyard, and yet this is not difficult: In the one case, there is a door to the gatehouse, so that the poor cannot be heard inside the courtyard, while in the other case there is no door. Or if you wish, say that in both cases there is a door, and still this is not difficult: In the one case, there is a key needed to open the door, and the key is not available to the poor people, whereas in the other case, there is no key needed. Or if you wish, say that in both cases there is a key needed, and even so this is not difficult: In the one case the key is on the inside, so that the poor cannot reach it, while in the other case of the mishna, the key is on the outside.

כּוֹפִין אוֹתוֹ לִבְנוֹת בֵּית שַׁעַר וָדֶלֶת לֶחָצֵר. תַּנְיָא, רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כָּל חֲצֵרוֹת רְאוּיוֹת לְבֵית שַׁעַר; אֶלָּא חָצֵר הַסְּמוּכָה לִרְשׁוּת הָרַבִּים – רְאוּיָה לְבֵית שַׁעַר, וְשֶׁאֵינָהּ סְמוּכָה לִרְשׁוּת הָרַבִּים – אֵינָהּ רְאוּיָה לְבֵית שַׁעַר. וְרַבָּנַן – זִימְנִין דְּדָחֲקִי בְּנֵי רְשׁוּת הָרַבִּים, וְעָיְילוּ וְאָתוּ.

§ The mishna teaches that the residents of a courtyard can compel each inhabitant of that courtyard to financially participate in the building of a gatehouse and a door to the jointly owned courtyard. It is taught in a baraita that Rabban Shimon ben Gamliel says: Not all courtyards require a gatehouse. Rather, a courtyard that adjoins the public domain requires a gatehouse to prevent people from peering in. But a courtyard that does not adjoin the public domain does not require a gatehouse. The Gemara asks: And why don’t the Rabbis make this distinction? The Gemara answers: Even if a courtyard does not adjoin the public domain, people in the public domain sometimes are forced toward the courtyard due to crowding in the public domain, and come and enter the courtyard.

כּוֹפִין אוֹתוֹ לִבְנוֹת לָעִיר כּוּ׳. תָּנוּ רַבָּנַן: כּוֹפִין אוֹתוֹ לַעֲשׂוֹת לָעִיר דְּלָתַיִם וּבְרִיחַ. וְרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא כָּל הָעֲיָירוֹת רְאוּיוֹת לְחוֹמָה; אֶלָּא עִיר הַסְּמוּכָה לַסְּפָר – רְאוּיָה לְחוֹמָה, וְשֶׁאֵינָהּ סְמוּכָה לַסְּפָר – אֵינָהּ רְאוּיָה לְחוֹמָה. וְרַבָּנַן – זִימְנִין דְּמִקְּרוּ וְאָתֵי גְּיָיסָא.

§ The mishna teaches that the residents of a city can compel each inhabitant of that city to contribute to the building of a wall, double doors, and a crossbar for the city. The Sages taught in a baraita: The residents of a city can compel each inhabitant of that city to build double doors and a crossbar for the city. And Rabban Shimon ben Gamliel says: Not all cities require a wall. Rather, a city that adjoins the state border requires a wall, whereas a city that does not adjoin the state border does not require a wall. The Gemara asks: And why don’t the Rabbis make this distinction? The Gemara answers: Even if a city does not adjoin the border, it sometimes happens that invading troops come into the area. Therefore, it is always good for a city to be protected by a wall.

בְּעָא מִינֵּיהּ רַבִּי אֶלְעָזָר מֵרַבִּי יוֹחָנָן: כְּשֶׁהֵן גּוֹבִין, לְפִי נְפָשׁוֹת גּוֹבִין, אוֹ דִילְמָא לְפִי שֶׁבַח מָמוֹן גּוֹבִין? אֲמַר לֵיהּ: לְפִי מָמוֹן גּוֹבִין; וְאֶלְעָזָר בְּנִי, קְבַע בָּהּ מַסְמְרוֹת!

With regard to this issue, Rabbi Elazar asked Rabbi Yoḥanan: When the residents of the city collect money to build a wall, do they collect based on the number of people living in each house, or perhaps they collect based on the net worth of each person? Rabbi Yoḥanan said to him: They collect based on the net worth of each person, and Elazar, my son, you shall fix nails in this, i.e., this is an established halakha, and you must not veer from it.

אִיכָּא דְּאָמְרִי, בְּעָא מִינֵּיהּ רַבִּי אֶלְעָזָר מֵרַבִּי יוֹחָנָן: כְּשֶׁהֵן גּוֹבִין, לְפִי קֵירוּב בָּתִּים הֵן גּוֹבִין, אוֹ דִילְמָא לְפִי מָמוֹן גּוֹבִין? אֲמַר לֵיהּ: לְפִי קֵירוּב בָּתִּים הֵן גּוֹבִין; וְאֶלְעָזָר בְּנִי, קְבַע בָּהּ מַסְמְרוֹת!

There are those who say that Rabbi Elazar asked Rabbi Yoḥanan: When they collect money to build a wall, do they collect based on the proximity of the houses to the wall, so that those people who live closer to the wall pay more? Or perhaps they collect based on the net worth of each person. Rabbi Yoḥanan said to him: They collect based on the proximity of the houses to the wall, and Elazar, my son, you shall fix nails in this.

רַבִּי יְהוּדָה נְשִׂיאָה רְמָא דְּשׁוּרָא אַדְּרַבָּנַן. אָמַר רֵישׁ לָקִישׁ: רַבָּנַן לָא צְרִיכִי נְטִירוּתָא, דִּכְתִיב: ״אֶסְפְּרֵם מֵחוֹל יִרְבּוּן״ – אֶסְפְּרֵם לְמַאן? אִילֵימָא לְצַדִּיקִים – דִּנְפִישִׁי מֵחָלָא; הַשְׁתָּא כּוּלְּהוּ יִשְׂרָאֵל כְּתִיב בְּהוּ: ״כַּחוֹל אֲשֶׁר עַל שְׂפַת הַיָּם״, צַדִּיקִים עַצְמָם ״מֵחוֹל יִרְבּוּן״?!

§ It is related that Rabbi Yehuda Nesia once imposed payment of the tax for the wall even on the Sages. Reish Lakish said to him: The Sages do not require protection, as it is written: “How precious are your dear ones to me, O God…If I should count them, they are more in number than the sand” (Psalms 139:17–18). If I should count whom? If we say this is referring to the righteous, and the verse is saying that they are greater in number than the grains of sand, this is difficult. Now if it is written about all of Israel: “As the sand which is upon the seashore” (Genesis 22:17), can the righteous themselves, who are a part of Israel, be greater in number than the grains of sand? How can they possibly outnumber the grains of sand upon the seashore?

אֶלָּא הָכִי קָאָמַר: אֶסְפְּרֵם לְמַעֲשֵׂיהֶם שֶׁל צַדִּיקִים, מֵחוֹל יִרְבּוּן. וְקַל וָחוֹמֶר: וּמָה חוֹל, שֶׁמּוּעָט – מֵגֵין עַל הַיָּם; מַעֲשֵׂיהֶם שֶׁל צַדִּיקִים, שֶׁהֵם מְרוּבִּים – לֹא כׇּל שֶׁכֵּן שֶׁמְּגִינִּים עֲלֵיהֶם.

Rather, this is what the verse is saying: If I should count the deeds of the righteous, they are greater in number than the grains of sand. And it follows by an a fortiori inference: If the grains of sand, which are fewer in number, protect the shore from the sea, barring it from flowing inland (see Jeremiah 5:22), do not all the more so the deeds of the righteous, which are greater in number, protect them? Consequently the Sages do not need additional protection.

כִּי אֲתָא לְקַמֵּיהּ דְּרַבִּי יוֹחָנָן, אֲמַר לֵיהּ: מַאי טַעְמָא לָא תֵּימָא לֵיהּ מֵהָא: ״אֲנִי חוֹמָה וְשָׁדַי כַּמִּגְדָּלוֹת״; ״אֲנִי חוֹמָה״ – זוֹ תּוֹרָה, ״וְשָׁדַי כַּמִּגְדָּלוֹת״ –

When Reish Lakish came before Rabbi Yoḥanan and reported the exchange to him, Rabbi Yoḥanan said to him: What is the reason that you did not quote this verse to him: “I am a wall and my breasts are like towers” (Song of Songs 8:10), which may be explained as follows: “I am a wall”; this is referring to the Torah. “And my breasts are like towers”;

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