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Today's Daf Yomi

January 29, 2017 | ื‘ืณ ื‘ืฉื‘ื˜ ืชืฉืขืดื–

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. โ€œAnd with thanks to Rabbanit Farber and Hadran who have made our learning possible.โ€

Bava Batra 7

Rav Chama brings 4 halachot – 3 relating to whether people have the right to make others living next door/on top of them tear down walls, houses, etc. to make their living space better. ย The third relates to concern over people taking advantage of orphans and forging documents to get out of repaying a loan. ย  For what things can we force members of a courtyard to share costs for? ย Do residents of the town need to share the costs for a wall to protect the city and a door and lock? ย Do all the residents need to partake in an equal manner or do the wealthy need to pay more or do the ones living closer to the wall need to pay more as they need the protection more? ย Do talmidei chachamim need to pay at all because they are considered protected from God? ย 2 different verses are brought to show that they do not need protection. ย However Rabbi Yehuda Nesia insisted the talmidei chachamim pay.


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ืืžืจ ืœื™ื” ืื™ืกืชืจื™ื” ืื ื ื•ืื‘ื ื™ื™ื” ืืžืจ ืœื™ืช ืœื™ ื“ื•ื›ืชื ืœืžื™ื“ืจ ื‘ื” ืืžืจ ืœื™ื” ืื ื ืื•ื’ืจ ืœืš ื“ื•ื›ืชื ืืžืจ ืœื™ื” ืœื ื˜ืจื—ื ื ืœื ืงื ืžืชื“ืจ ืœื™ ืฉื•ืฃ ืื›ืจื™ืกืš ื•ืขื•ืœ ื•ืฉื•ืฃ ืื›ืจื™ืกืš ื•ืคื•ืง

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.

ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ื ื ืงื ืžืขื›ื‘ ื•ื”ื ื™ ืžื™ืœื™ ื“ืœื ืžื˜ื• ื›ืฉื•ืจื™ ืœืžื˜ื” ืžืขืฉืจื” ืื‘ืœ ืžื˜ื• ื›ืฉื•ืจื™ ืœืžื˜ื” ืžืขืฉืจื” ืžืฆื™ ืืžืจ ืœื™ื” ืœืžื˜ื” ืžืขืฉืจื” ืจืฉื•ืชื ื“ื™ื“ื™ ื”ื•ื ื•ืœื ืžืฉืขื‘ื“ ืœืš

Rav แธคama 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.

ื•ื”ื ื™ ืžื™ืœื™ ื“ืœื ืืชื ื• ื’ื‘ื™ ื”ื“ื“ื™ ืื‘ืœ ืืชื ื• ื’ื‘ื™ ื”ื“ื“ื™ ืกืชืจื™ ื•ื‘ื ื•

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.

ื•ื›ื™ ืืชื ื• ื‘ื”ื“ื™ ื”ื“ื“ื™ ืขื“ ื›ืžื” ืืžืจื• ืจื‘ื ืŸ ืงืžื™ื” ื“ืจื‘ื” ืžืฉืžื™ื” ื“ืžืจ ื–ื•ื˜ืจื ื‘ืจื™ื” ื“ืจื‘ ื ื—ืžืŸ ื“ืืžืจ ืžืฉืžื™ื” ื“ืจื‘ ื ื—ืžืŸ ื›ืื•ืชื” ืฉืฉื ื™ื ื• ืจื•ืžื• ื›ื—ืฆื™ ืืจื›ื• ื•ื›ื—ืฆื™ ืจื—ื‘ื• ืืžืจ ืœื”ื• ืจื‘ื” ืœืื• ืืžื™ื ื ืœื›ื• ืœื ืชื™ืชืœื• ื‘ื™ื” ื‘ื•ืงื™ ืกืจื™ืงื™ ื‘ืจื‘ ื ื—ืžืŸ ื”ื›ื™ ืืžืจ ืจื‘ ื ื—ืžืŸ ื›ื™ ื“ื“ื™ื™ืจื™ ืื™ื ืฉื™ ื•ื›ืžื” ืืžืจ ืจื‘ ื”ื•ื ื ื‘ืจื™ื” ื“ืจื‘ ื™ื”ื•ืฉืข ื›ื™ ื”ื™ื›ื™ ื“ืขื™ื™ืœื™ ืื™ืกื•ืจื™ืชื ื“ืžื—ื•ื–ื ื•ื”ื“ืจ

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 Naแธฅman, who said in the name of Rav Naแธฅman: 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 Naแธฅman, meaning not to attribute foolish opinions to him? Rather, this is what Rav Naแธฅman 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 Meแธฅoza and be able to turn around.

ื”ื”ื•ื ื’ื‘ืจื ื“ื”ื•ื” ื‘ื ื™ ืืฉื™ืชื ืื—ื•ืจื™ ื›ื•ื•ื™ ื“ื—ื‘ืจื™ื” ืืžืจ ืœื™ื” ืงื ืžืืคืœืช ืขืœื™ ืืžืจ ืœื™ื” ืกื›ืจื ื ืœืš ื”ื›ื ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ืœืขื™ืœ ืžืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืงื ืžืจืขืช ืœื™ื” ืœืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืกืชืจื ื ืœืš ืœืืฉื™ืชืš ืขื“ ื“ื•ื›ืชื ื“ื›ื•ื•ื™ ื•ื‘ื ื™ื ื ืœื” ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ื‘ื‘ื ื™ื ื ืœืขื™ืœ ืžืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืืฉื™ืชื ืžืชืชืื” ืขืชื™ืงื ื•ืžืœืขื™ืœ ื—ื“ืชื ืœื ืงื™ื™ืžื

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.

ืืžืจ ืœื™ื” ืกืชืจื ื ืœื” ืขื“ ืœืืจืขื ื•ื‘ื ื™ื ื ืœื” ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ื‘ื’ื•ื” ืืžืจ ืœื™ื” ื—ื“ื ืืฉื™ืชื ื—ื“ืชื ื‘ื›ื•ืœื™ื” ื‘ื™ืชื ืขืชื™ืงื ืœื ืงื™ื™ืžื ืืžืจ ืœื™ื” ืกืชืจื ื ืœื” ืœื›ื•ืœื™ื” ื‘ื™ืชื ื•ื‘ื ื™ื ื ืœืš ื›ื•ื•ื™ ื‘ื‘ื ื™ื ื ืืžืจ ืœื™ื” ืœื™ืช ืœื™ ื“ื•ื›ืชื ืœืžื™ื“ืจ ื‘ื” ืืžืจ ืœื™ื” ืื’ื™ืจื ื ืœืš ื“ื•ื›ืชื ืืžืจ ืœื™ื” ืœื ื˜ืจื—ื ื ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ืŸ ืงื ืžืขื›ื‘

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 แธคama said: By law, the neighbor can prevent him from building the wall.

ื”ื™ื™ื ื• ื”ืš ื•ื”ื ืชื• ืœืžื” ืœื™ ื”ื ืงื ืžืฉืžืข ืœืŸ ื“ืืฃ ืขืœ ื’ื‘ ื“ืœื ืžืฉืชืžืฉ ืืœื ืชื™ื‘ื ื ื•ื‘ื™ ืฆื™ื‘ื™ ื‘ืขืœืžื

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.

ื”ื ื”ื• ื‘ื™ ืชืจื™ ืื—ื™ ื“ืคืœื’ื™ ื‘ื”ื“ื™ ื”ื“ื“ื™ ื—ื“ ืžื˜ื™ื™ื” ืืกืคืœื™ื“ื ื•ื—ื“ ืžื˜ื™ื™ื” ืชืจื‘ื™ืฆื ืื–ืœ ื”ื”ื•ื ื“ืžื˜ื™ื™ื” ืชืจื‘ื™ืฆื ื•ืงื ื‘ื ื™ ืืฉื™ืชื ืืคื•ืžื ื“ืืกืคืœื™ื“ื ืืžืจ ืœื™ื” ืงื ืžืืคืœืช ืขืœื™ ืืžืจ ืœื™ื” ื‘ื“ื™ื“ื™ ืงื ื‘ื ื™ื ื ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ืŸ ืงืืžืจ ืœื™ื”

The Gemara further relates: There were two brothers who divided their fatherโ€™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 แธคama said: By right he said that to him, as it is permitted for him to build there.

ืืžืจ ืœื™ื” ืจื‘ื™ื ื ืœืจื‘ ืืฉื™ ืžืื™ ืฉื ื ืžื”ื ื“ืชื ื™ื ืฉื ื™ ืื—ื™ืŸ ืฉื—ืœืงื• ืื—ื“ ืžื”ืŸ ื ื˜ืœ ืฉื“ื” ื›ืจื ื•ืื—ื“ ืžื”ืŸ ื ื˜ืœ ืฉื“ื” ืœื‘ืŸ ื™ืฉ ืœื• ืœื‘ืขืœ ื”ื›ืจื ืืจื‘ืข ืืžื•ืช ื‘ืฉื“ื” ืœื‘ืŸ ืฉืขืœ ืžื ืช ื›ืŸ ื—ืœืงื•

Ravina said to Rav Ashi: In what way is this different from that which is taught in a baraita: If two brothers divided their fatherโ€™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?

ืืžืจ ืœื™ื” ื”ืชื ื“ืขืœื• ืœื”ื“ื“ื™ ืื‘ืœ ื”ื›ื ืžืื™ ื“ืœื ืขืœื• ืœื”ื“ื“ื™ ื•ื›ื™ ื‘ืฉื•ืคื˜ื ื™ ืขืกืงื™ื ืŸ ื“ื”ืื™ ืฉืงื™ืœ ืืกืคืœื™ื“ื ื•ื”ืื™ ืฉืงื™ืœ ืชืจื‘ื™ืฆื ื•ืœื ืขืœื• ืœื”ื“ื“ื™ ืืžืจ ืœื™ื” ื ื”ื™ ื“ืขืœื• ืœื”ื“ื“ื™ ื“ืžื™ ืœื™ื‘ื ื™ ื›ืฉื•ืจื™ ื•ื”ื•ื“ืจื™ ื“ืžื™ ืื•ื™ืจื ืœื ืขืœื• ืœื”ื“ื“ื™

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.

ื•ืœื™ืžื ืœื™ื” ืžืขื™ืงืจื ืืกืคืœื™ื“ื ืคืœื’ืช ืœื™ ื”ืฉืชื ืžืฉื•ื™ืช ืœื™ ืื™ื“ืจื•ื ื ืืžืจ ืจื‘ ืฉื™ืžื™ ื‘ืจ ืืฉื™ ืฉืžื ื‘ืขืœืžื ืคืœื’ ืœื™ื”

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.

ืžื™ ืœื ืชื ื™ื ื”ืื•ืžืจ ื‘ื™ืช ื›ื•ืจ ืขืคืจ ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ื ื• ืืœื ืœืชืš ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ื‘ื™ืช ื›ื•ืจ ืคืจื“ืก ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ืŸ ื‘ื• ืจืžื•ื ื™ื ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ืคืจื“ืก ื›ืจื ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ืŸ ื‘ื• ื’ืคื ื™ื ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ื›ืจืžื

Rav Ashi continues: Isnโ€™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.

ืžื™ ื“ืžื™ ื”ืชื ืžืฆื™ ืืžืจ ืœื™ื” ืžื•ื›ืจ ืœืœื•ืงื— ืฉืžื ื–ื‘ื™ื ื™ ืœืš ื”ื›ื ืžืฆื™ ืืžืจ ืœื™ื” ืื“ืขืชื ื“ื”ื›ื™ ืคืœื’ื™ ื“ื“ืื™ืจื ื ื‘ื™ื” ื›ื™ ื”ื™ื›ื™ ื“ื“ืจื• ืื‘ื”ืชืŸ

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.

ืืžืจื• ืœื™ื”

With regard to Rav แธคamaโ€™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,

ืžืจ ื™ื ื•ืงื ื•ืžืจ ืงืฉื™ืฉื ื‘ืจื™ื” ื“ืจื‘ ื—ืกื“ื ืœืจื‘ ืืฉื™ ื ื”ืจื“ืขื™ ืœื˜ืขืžื™ื™ื”ื• ื“ืืžืจ ืจื‘ ื ื—ืžืŸ ืืžืจ ืฉืžื•ืืœ ื”ืื—ื™ืŸ ืฉื—ืœืงื• ืื™ืŸ ืœื”ืŸ ืœื ื“ืจืš ื–ื” ืขืœ ื–ื”

i.e., Mar Yenuka and Mar Kashisha, sons of Rav แธคisda, said to Rav Ashi: The Sages of Nehardeโ€™a follow their usual line of reasoning, as Rav แธคama, who was from Nehardeโ€™a, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Naแธฅman says that Shmuel says: In the case of brothers who divided their fatherโ€™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 brotherโ€™s outer field.

ื•ืœื ื—ืœื•ื ื•ืช ื–ื” ืขืœ ื–ื” ื•ืœื ืกื•ืœืžื•ืช ื–ื” ืขืœ ื–ื” ื•ืœื ืืžืช ื”ืžื™ื ื–ื” ืขืœ ื–ื” ื•ื”ื–ื”ืจื• ื‘ื”ืŸ ืฉื”ืœื›ื•ืช ืงื‘ื•ืขื•ืช ื”ืŸ ื•ืจื‘ื ืืžืจ ื™ืฉ ืœื”ืŸ

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 otherโ€™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 otherโ€™s property. And be careful with these, since they are established halakhot. Rava says: The brothers do have all of the aforementioned rights. Rav แธคama agrees with Shmuelโ€™s opinion, that each brother can do as he pleases on his own property without the other one preventing him from doing so.

ื”ื”ื•ื ืฉื˜ืจื ื“ื™ืชืžื™ ื“ื ืคื™ืง ืขืœื™ื” ืชื‘ืจื ืืžืจ ืจื‘ ื—ืžื ืื’ื‘ื•ื™ื™ ืœื ืžื’ื‘ื™ื ืŸ ืœื™ื” ื•ืžื™ืงืจืข ืœื ืงืจืขื™ื ืŸ ืœื™ื” ืื’ื‘ื•ื™ื™ ืœื ืžื’ื‘ื™ื ืŸ ืœื™ื” ื“ื ืคืง ืชื‘ืจื ืขืœื™ื” ืžื™ืงืจืข ืœื ืงืจืขื™ื ืŸ ืœื™ื” ื“ื›ื™ ื’ื“ืœื™ ื™ืชืžื™ ื“ื™ืœืžื ืžื™ื™ืชื• ืจืื™ื” ื•ืžืจืขื™ ืœื™ื”

Since Rav แธคamaโ€™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 แธคama 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.

ืืžืจ ืœื™ื” ืจื‘ ืื—ื ื‘ืจื™ื” ื“ืจื‘ื ืœืจื‘ื™ื ื ื”ืœื›ืชื ืžืื™ ืืžืจ ืœื™ื” ื‘ื›ื•ืœื”ื• ื”ืœื›ืชื ื›ืจื‘ ื—ืžื ืœื‘ืจ ืžืชื‘ืจื ื“ืกื”ื“ื™ ื‘ืฉืงืจื™ ืœื ืžื—ื–ืงื™ื ืŸ

Rav Aแธฅa, 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 แธคama, 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.

ืžืจ ื–ื•ื˜ืจื ื‘ืจื™ื” ื“ืจื‘ ืžืจื™ ืืžืจ ื‘ื”ื ื ืžื™ ื”ืœื›ืชื ื›ืจื‘ ื—ืžื ื“ืื ืื™ืชื ื“ืชื‘ืจื ืžืขืœื™ื ื”ื•ื ืื™ื‘ืขื™ ืœื™ื” ืœืืคื•ืงื™ ื‘ื—ื™ื™ ืื‘ื•ื”ื•ืŸ ื•ืžื“ืœื ืืคืงื™ื” ืฉืžืข ืžื™ื ื” ื–ื™ื•ืคื™ ื–ื™ื™ืคื™ื”

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav แธคama, 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 fatherโ€™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.

ืžืชื ื™ืณ ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ื‘ื™ืช ืฉืขืจ ื•ื“ืœืช ืœื—ืฆืจ ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ื—ืฆืจื•ืช ืจืื•ื™ื•ืช ืœื‘ื™ืช ืฉืขืจ ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ืœืขื™ืจ ื—ื•ืžื” ื•ื“ืœืชื™ื ื•ื‘ืจื™ื— ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ืขื™ื™ืจื•ืช ืจืื•ื™ื•ืช ืœื—ื•ืžื”

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.

ื›ืžื” ื™ื”ื ื‘ืขื™ืจ ื•ื™ื”ื ื›ืื ืฉื™ ื”ืขื™ืจ ืฉื ื™ื ืขืฉืจ ื—ื“ืฉ ืงื ื” ื‘ื” ื‘ื™ืช ื“ื™ืจื” ื”ืจื™ ื”ื•ื ื›ืื ืฉื™ ื”ืขื™ืจ ืžื™ื“

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.

ื’ืžืณ ืœืžื™ืžืจื ื“ื‘ื™ืช ืฉืขืจ ืžืขืœื™ื•ืชื ื”ื™ื ื•ื”ื ื”ื”ื•ื ื—ืกื™ื“ื ื“ื”ื•ื” ืจื’ื™ืœ ืืœื™ื”ื• ื“ื”ื•ื” ืžืฉืชืขื™ ื‘ื”ื“ื™ื” ืขื‘ื“ ื‘ื™ืช ืฉืขืจ ื•ืชื• ืœื ืžืฉืชืขื™ ื‘ื”ื“ื™ื” ืœื ืงืฉื™ื ื”ื ืžื’ื•ืื™ ื”ื ืžื‘ืจืื™

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasnโ€™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 courtyardโ€™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 poorโ€™s access to the courtyardโ€™s entrance.

ื•ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ืžื‘ืจืื™ ื•ืœื ืงืฉื™ื ื”ื ื“ืื™ืช ืœื™ื” ื“ืœืช ื”ื ื“ืœื™ืช ืœื™ื” ื“ืœืช ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ื“ืื™ืช ืœื™ื” ื“ืœืช ื•ืœื ืงืฉื™ื ื”ื ื“ืื™ืช ืœื™ื” ืคื•ืชื—ืช ื”ื ื“ืœื™ืช ืœื™ื” ืคื•ืชื—ืช ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ื“ืื™ืช ืœื™ื” ืคื•ืชื—ืช ื•ืœื ืงืฉื™ื ื”ื ื“ืคื•ืชื—ืช ื“ื™ื“ื™ื” ืžื’ื•ืื™ ื”ื ื“ืคื•ืชื—ืช ื“ื™ื“ื™ื” ืžื‘ืจืื™

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.

ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ื‘ื™ืช ืฉืขืจ ื•ื“ืœืช ืœื—ืฆืจ ืชื ื™ื ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื—ืฆืจื•ืช ืจืื•ื™ื•ืช ืœื‘ื™ืช ืฉืขืจ ืืœื ื—ืฆืจ ื”ืกืžื•ื›ื” ืœืจืฉื•ืช ื”ืจื‘ื™ื ืจืื•ื™ื” ืœื‘ื™ืช ืฉืขืจ ื•ืฉืื™ื ื” ืกืžื•ื›ื” ืœืจืฉื•ืช ื”ืจื‘ื™ื ืื™ื ื” ืจืื•ื™ื” ืœื‘ื™ืช ืฉืขืจ ื•ืจื‘ื ืŸ ื–ื™ืžื ื™ืŸ ื“ื“ื—ืงื™ ื‘ื ื™ ืจืฉื•ืช ื”ืจื‘ื™ื ื•ืขื™ื™ืœื• ื•ืืชื•

ยง 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 donโ€™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.

ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ืœืขื™ืจ ื›ื•ืณ ืชื ื• ืจื‘ื ืŸ ื›ื•ืคื™ืŸ ืื•ืชื• ืœืขืฉื•ืช ืœืขื™ืจ ื“ืœืชื™ื ื•ื‘ืจื™ื— ื•ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ืขื™ื™ืจื•ืช ืจืื•ื™ื•ืช ืœื—ื•ืžื” ืืœื ืขื™ืจ ื”ืกืžื•ื›ื” ืœืกืคืจ ืจืื•ื™ื” ืœื—ื•ืžื” ื•ืฉืื™ื ื” ืกืžื•ื›ื” ืœืกืคืจ ืื™ื ื” ืจืื•ื™ื” ืœื—ื•ืžื” ื•ืจื‘ื ืŸ ื–ื™ืžื ื™ืŸ ื“ืžืงืจื• ื•ืืชื™ ื’ื™ื™ืกื

ยง 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 donโ€™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.

ื‘ืขื ืžื™ื ื™ื” ืจื‘ื™ ืืœืขื–ืจ ืžืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืฉื”ืŸ ื’ื•ื‘ื™ืŸ ืœืคื™ ื ืคืฉื•ืช ื’ื•ื‘ื™ืŸ ืื• ื“ื™ืœืžื ืœืคื™ ืฉื‘ื— ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ืืžืจ ืœื™ื” ืœืคื™ ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ื•ืืœืขื–ืจ ื‘ื ื™ ืงื‘ืข ื‘ื” ืžืกืžืจื•ืช

With regard to this issue, Rabbi Elazar asked Rabbi Yoแธฅanan: 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 Yoแธฅanan 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.

ืื™ื›ื ื“ืืžืจื™ ื‘ืขื ืžื™ื ื™ื” ืจื‘ื™ ืืœืขื–ืจ ืžืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืฉื”ืŸ ื’ื•ื‘ื™ืŸ ืœืคื™ ืงื™ืจื•ื‘ ื‘ืชื™ื ื”ืŸ ื’ื•ื‘ื™ืŸ ืื• ื“ื™ืœืžื ืœืคื™ ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ืืžืจ ืœื™ื” ืœืคื™ ืงื™ืจื•ื‘ ื‘ืชื™ื ื”ืŸ ื’ื•ื‘ื™ืŸ ื•ืืœืขื–ืจ ื‘ื ื™ ืงื‘ืข ื‘ื” ืžืกืžืจื•ืช

There are those who say that Rabbi Elazar asked Rabbi Yoแธฅanan: 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 Yoแธฅanan 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.

ืจื‘ื™ ื™ื”ื•ื“ื” ื ืฉื™ืื” ืจืžื ื“ืฉื•ืจื ืื“ืจื‘ื ืŸ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืจื‘ื ืŸ ืœื ืฆืจื™ื›ื™ ื ื˜ื™ืจื•ืชื ื“ื›ืชื™ื‘ ืืกืคืจื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ ืืกืคืจื ืœืžืืŸ ืื™ืœื™ืžื ืœืฆื“ื™ืงื™ื ื“ื ืคื™ืฉื™ ืžื—ืœื ื”ืฉืชื ื›ื•ืœื”ื• ื™ืฉืจืืœ ื›ืชื™ื‘ ื‘ื”ื• ื›ื—ื•ืœ ืืฉืจ ืขืœ ืฉืคืช ื”ื™ื ืฆื“ื™ืงื™ื ืขืฆืžื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ

ยง 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: โ€œHow precious are your dear ones to me, O Godโ€ฆIf I should count them, they are more in number than the sandโ€ (Psalms 139:17โ€“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: โ€œAs the sand which is upon the seashoreโ€ (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?

ืืœื ื”ื›ื™ ืงืืžืจ ืืกืคืจื ืœืžืขืฉื™ื”ื ืฉืœ ืฆื“ื™ืงื™ื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ ื•ืงืœ ื•ื—ื•ืžืจ ื•ืžื” ื—ื•ืœ ืฉืžื•ืขื˜ ืžื’ื™ืŸ ืขืœ ื”ื™ื ืžืขืฉื™ื”ื ืฉืœ ืฆื“ื™ืงื™ื ืฉื”ื ืžืจื•ื‘ื™ื ืœื ื›ืœ ืฉื›ืŸ ืฉืžื’ื™ื ื™ื ืขืœื™ื”ื

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.

ื›ื™ ืืชื ืœืงืžื™ื” ื“ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืœื™ื” ืžืื™ ื˜ืขืžื ืœื ืชื™ืžื ืœื™ื” ืžื”ื ืื ื™ ื—ื•ืžื” ื•ืฉื“ื™ ื›ืžื’ื“ืœื•ืช ืื ื™ ื—ื•ืžื” ื–ื• ืชื•ืจื” ื•ืฉื“ื™ ื›ืžื’ื“ืœื•ืช

When Reish Lakish came before Rabbi Yoแธฅanan and reported the exchange to him, Rabbi Yoแธฅanan said to him: What is the reason that you did not quote this verse to him: โ€œI am a wall and my breasts are like towersโ€ (Song of Songs 8:10), which may be explained as follows: โ€œI am a wallโ€; this is referring to the Torah. โ€œAnd my breasts are like towersโ€;

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. โ€œAnd with thanks to Rabbanit Farber and Hadran who have made our learning possible.โ€

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Bava Batra 7

The William Davidson Talmud | Powered by Sefaria

Bava Batra 7

ืืžืจ ืœื™ื” ืื™ืกืชืจื™ื” ืื ื ื•ืื‘ื ื™ื™ื” ืืžืจ ืœื™ืช ืœื™ ื“ื•ื›ืชื ืœืžื™ื“ืจ ื‘ื” ืืžืจ ืœื™ื” ืื ื ืื•ื’ืจ ืœืš ื“ื•ื›ืชื ืืžืจ ืœื™ื” ืœื ื˜ืจื—ื ื ืœื ืงื ืžืชื“ืจ ืœื™ ืฉื•ืฃ ืื›ืจื™ืกืš ื•ืขื•ืœ ื•ืฉื•ืฃ ืื›ืจื™ืกืš ื•ืคื•ืง

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.

ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ื ื ืงื ืžืขื›ื‘ ื•ื”ื ื™ ืžื™ืœื™ ื“ืœื ืžื˜ื• ื›ืฉื•ืจื™ ืœืžื˜ื” ืžืขืฉืจื” ืื‘ืœ ืžื˜ื• ื›ืฉื•ืจื™ ืœืžื˜ื” ืžืขืฉืจื” ืžืฆื™ ืืžืจ ืœื™ื” ืœืžื˜ื” ืžืขืฉืจื” ืจืฉื•ืชื ื“ื™ื“ื™ ื”ื•ื ื•ืœื ืžืฉืขื‘ื“ ืœืš

Rav แธคama 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.

ื•ื”ื ื™ ืžื™ืœื™ ื“ืœื ืืชื ื• ื’ื‘ื™ ื”ื“ื“ื™ ืื‘ืœ ืืชื ื• ื’ื‘ื™ ื”ื“ื“ื™ ืกืชืจื™ ื•ื‘ื ื•

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.

ื•ื›ื™ ืืชื ื• ื‘ื”ื“ื™ ื”ื“ื“ื™ ืขื“ ื›ืžื” ืืžืจื• ืจื‘ื ืŸ ืงืžื™ื” ื“ืจื‘ื” ืžืฉืžื™ื” ื“ืžืจ ื–ื•ื˜ืจื ื‘ืจื™ื” ื“ืจื‘ ื ื—ืžืŸ ื“ืืžืจ ืžืฉืžื™ื” ื“ืจื‘ ื ื—ืžืŸ ื›ืื•ืชื” ืฉืฉื ื™ื ื• ืจื•ืžื• ื›ื—ืฆื™ ืืจื›ื• ื•ื›ื—ืฆื™ ืจื—ื‘ื• ืืžืจ ืœื”ื• ืจื‘ื” ืœืื• ืืžื™ื ื ืœื›ื• ืœื ืชื™ืชืœื• ื‘ื™ื” ื‘ื•ืงื™ ืกืจื™ืงื™ ื‘ืจื‘ ื ื—ืžืŸ ื”ื›ื™ ืืžืจ ืจื‘ ื ื—ืžืŸ ื›ื™ ื“ื“ื™ื™ืจื™ ืื™ื ืฉื™ ื•ื›ืžื” ืืžืจ ืจื‘ ื”ื•ื ื ื‘ืจื™ื” ื“ืจื‘ ื™ื”ื•ืฉืข ื›ื™ ื”ื™ื›ื™ ื“ืขื™ื™ืœื™ ืื™ืกื•ืจื™ืชื ื“ืžื—ื•ื–ื ื•ื”ื“ืจ

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 Naแธฅman, who said in the name of Rav Naแธฅman: 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 Naแธฅman, meaning not to attribute foolish opinions to him? Rather, this is what Rav Naแธฅman 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 Meแธฅoza and be able to turn around.

ื”ื”ื•ื ื’ื‘ืจื ื“ื”ื•ื” ื‘ื ื™ ืืฉื™ืชื ืื—ื•ืจื™ ื›ื•ื•ื™ ื“ื—ื‘ืจื™ื” ืืžืจ ืœื™ื” ืงื ืžืืคืœืช ืขืœื™ ืืžืจ ืœื™ื” ืกื›ืจื ื ืœืš ื”ื›ื ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ืœืขื™ืœ ืžืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืงื ืžืจืขืช ืœื™ื” ืœืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืกืชืจื ื ืœืš ืœืืฉื™ืชืš ืขื“ ื“ื•ื›ืชื ื“ื›ื•ื•ื™ ื•ื‘ื ื™ื ื ืœื” ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ื‘ื‘ื ื™ื ื ืœืขื™ืœ ืžืืฉื™ืชืื™ ืืžืจ ืœื™ื” ืืฉื™ืชื ืžืชืชืื” ืขืชื™ืงื ื•ืžืœืขื™ืœ ื—ื“ืชื ืœื ืงื™ื™ืžื

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.

ืืžืจ ืœื™ื” ืกืชืจื ื ืœื” ืขื“ ืœืืจืขื ื•ื‘ื ื™ื ื ืœื” ื•ืขื‘ื™ื“ื ื ืœืš ื›ื•ื•ื™ ื‘ื’ื•ื” ืืžืจ ืœื™ื” ื—ื“ื ืืฉื™ืชื ื—ื“ืชื ื‘ื›ื•ืœื™ื” ื‘ื™ืชื ืขืชื™ืงื ืœื ืงื™ื™ืžื ืืžืจ ืœื™ื” ืกืชืจื ื ืœื” ืœื›ื•ืœื™ื” ื‘ื™ืชื ื•ื‘ื ื™ื ื ืœืš ื›ื•ื•ื™ ื‘ื‘ื ื™ื ื ืืžืจ ืœื™ื” ืœื™ืช ืœื™ ื“ื•ื›ืชื ืœืžื™ื“ืจ ื‘ื” ืืžืจ ืœื™ื” ืื’ื™ืจื ื ืœืš ื“ื•ื›ืชื ืืžืจ ืœื™ื” ืœื ื˜ืจื—ื ื ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ืŸ ืงื ืžืขื›ื‘

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 แธคama said: By law, the neighbor can prevent him from building the wall.

ื”ื™ื™ื ื• ื”ืš ื•ื”ื ืชื• ืœืžื” ืœื™ ื”ื ืงื ืžืฉืžืข ืœืŸ ื“ืืฃ ืขืœ ื’ื‘ ื“ืœื ืžืฉืชืžืฉ ืืœื ืชื™ื‘ื ื ื•ื‘ื™ ืฆื™ื‘ื™ ื‘ืขืœืžื

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.

ื”ื ื”ื• ื‘ื™ ืชืจื™ ืื—ื™ ื“ืคืœื’ื™ ื‘ื”ื“ื™ ื”ื“ื“ื™ ื—ื“ ืžื˜ื™ื™ื” ืืกืคืœื™ื“ื ื•ื—ื“ ืžื˜ื™ื™ื” ืชืจื‘ื™ืฆื ืื–ืœ ื”ื”ื•ื ื“ืžื˜ื™ื™ื” ืชืจื‘ื™ืฆื ื•ืงื ื‘ื ื™ ืืฉื™ืชื ืืคื•ืžื ื“ืืกืคืœื™ื“ื ืืžืจ ืœื™ื” ืงื ืžืืคืœืช ืขืœื™ ืืžืจ ืœื™ื” ื‘ื“ื™ื“ื™ ืงื ื‘ื ื™ื ื ืืžืจ ืจื‘ ื—ืžื ื‘ื“ื™ืŸ ืงืืžืจ ืœื™ื”

The Gemara further relates: There were two brothers who divided their fatherโ€™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 แธคama said: By right he said that to him, as it is permitted for him to build there.

ืืžืจ ืœื™ื” ืจื‘ื™ื ื ืœืจื‘ ืืฉื™ ืžืื™ ืฉื ื ืžื”ื ื“ืชื ื™ื ืฉื ื™ ืื—ื™ืŸ ืฉื—ืœืงื• ืื—ื“ ืžื”ืŸ ื ื˜ืœ ืฉื“ื” ื›ืจื ื•ืื—ื“ ืžื”ืŸ ื ื˜ืœ ืฉื“ื” ืœื‘ืŸ ื™ืฉ ืœื• ืœื‘ืขืœ ื”ื›ืจื ืืจื‘ืข ืืžื•ืช ื‘ืฉื“ื” ืœื‘ืŸ ืฉืขืœ ืžื ืช ื›ืŸ ื—ืœืงื•

Ravina said to Rav Ashi: In what way is this different from that which is taught in a baraita: If two brothers divided their fatherโ€™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?

ืืžืจ ืœื™ื” ื”ืชื ื“ืขืœื• ืœื”ื“ื“ื™ ืื‘ืœ ื”ื›ื ืžืื™ ื“ืœื ืขืœื• ืœื”ื“ื“ื™ ื•ื›ื™ ื‘ืฉื•ืคื˜ื ื™ ืขืกืงื™ื ืŸ ื“ื”ืื™ ืฉืงื™ืœ ืืกืคืœื™ื“ื ื•ื”ืื™ ืฉืงื™ืœ ืชืจื‘ื™ืฆื ื•ืœื ืขืœื• ืœื”ื“ื“ื™ ืืžืจ ืœื™ื” ื ื”ื™ ื“ืขืœื• ืœื”ื“ื“ื™ ื“ืžื™ ืœื™ื‘ื ื™ ื›ืฉื•ืจื™ ื•ื”ื•ื“ืจื™ ื“ืžื™ ืื•ื™ืจื ืœื ืขืœื• ืœื”ื“ื“ื™

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.

ื•ืœื™ืžื ืœื™ื” ืžืขื™ืงืจื ืืกืคืœื™ื“ื ืคืœื’ืช ืœื™ ื”ืฉืชื ืžืฉื•ื™ืช ืœื™ ืื™ื“ืจื•ื ื ืืžืจ ืจื‘ ืฉื™ืžื™ ื‘ืจ ืืฉื™ ืฉืžื ื‘ืขืœืžื ืคืœื’ ืœื™ื”

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.

ืžื™ ืœื ืชื ื™ื ื”ืื•ืžืจ ื‘ื™ืช ื›ื•ืจ ืขืคืจ ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ื ื• ืืœื ืœืชืš ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ื‘ื™ืช ื›ื•ืจ ืคืจื“ืก ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ืŸ ื‘ื• ืจืžื•ื ื™ื ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ืคืจื“ืก ื›ืจื ืื ื™ ืžื•ื›ืจ ืœืš ืืฃ ืขืœ ืคื™ ืฉืื™ืŸ ื‘ื• ื’ืคื ื™ื ื”ื’ื™ืขื• ืฉืœื ืžื›ืจ ืœื• ืืœื ืฉืžื ื•ื”ื•ื ื“ืžื™ืชืงืจื™ ื›ืจืžื

Rav Ashi continues: Isnโ€™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.

ืžื™ ื“ืžื™ ื”ืชื ืžืฆื™ ืืžืจ ืœื™ื” ืžื•ื›ืจ ืœืœื•ืงื— ืฉืžื ื–ื‘ื™ื ื™ ืœืš ื”ื›ื ืžืฆื™ ืืžืจ ืœื™ื” ืื“ืขืชื ื“ื”ื›ื™ ืคืœื’ื™ ื“ื“ืื™ืจื ื ื‘ื™ื” ื›ื™ ื”ื™ื›ื™ ื“ื“ืจื• ืื‘ื”ืชืŸ

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.

ืืžืจื• ืœื™ื”

With regard to Rav แธคamaโ€™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,

ืžืจ ื™ื ื•ืงื ื•ืžืจ ืงืฉื™ืฉื ื‘ืจื™ื” ื“ืจื‘ ื—ืกื“ื ืœืจื‘ ืืฉื™ ื ื”ืจื“ืขื™ ืœื˜ืขืžื™ื™ื”ื• ื“ืืžืจ ืจื‘ ื ื—ืžืŸ ืืžืจ ืฉืžื•ืืœ ื”ืื—ื™ืŸ ืฉื—ืœืงื• ืื™ืŸ ืœื”ืŸ ืœื ื“ืจืš ื–ื” ืขืœ ื–ื”

i.e., Mar Yenuka and Mar Kashisha, sons of Rav แธคisda, said to Rav Ashi: The Sages of Nehardeโ€™a follow their usual line of reasoning, as Rav แธคama, who was from Nehardeโ€™a, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Naแธฅman says that Shmuel says: In the case of brothers who divided their fatherโ€™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 brotherโ€™s outer field.

ื•ืœื ื—ืœื•ื ื•ืช ื–ื” ืขืœ ื–ื” ื•ืœื ืกื•ืœืžื•ืช ื–ื” ืขืœ ื–ื” ื•ืœื ืืžืช ื”ืžื™ื ื–ื” ืขืœ ื–ื” ื•ื”ื–ื”ืจื• ื‘ื”ืŸ ืฉื”ืœื›ื•ืช ืงื‘ื•ืขื•ืช ื”ืŸ ื•ืจื‘ื ืืžืจ ื™ืฉ ืœื”ืŸ

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 otherโ€™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 otherโ€™s property. And be careful with these, since they are established halakhot. Rava says: The brothers do have all of the aforementioned rights. Rav แธคama agrees with Shmuelโ€™s opinion, that each brother can do as he pleases on his own property without the other one preventing him from doing so.

ื”ื”ื•ื ืฉื˜ืจื ื“ื™ืชืžื™ ื“ื ืคื™ืง ืขืœื™ื” ืชื‘ืจื ืืžืจ ืจื‘ ื—ืžื ืื’ื‘ื•ื™ื™ ืœื ืžื’ื‘ื™ื ืŸ ืœื™ื” ื•ืžื™ืงืจืข ืœื ืงืจืขื™ื ืŸ ืœื™ื” ืื’ื‘ื•ื™ื™ ืœื ืžื’ื‘ื™ื ืŸ ืœื™ื” ื“ื ืคืง ืชื‘ืจื ืขืœื™ื” ืžื™ืงืจืข ืœื ืงืจืขื™ื ืŸ ืœื™ื” ื“ื›ื™ ื’ื“ืœื™ ื™ืชืžื™ ื“ื™ืœืžื ืžื™ื™ืชื• ืจืื™ื” ื•ืžืจืขื™ ืœื™ื”

Since Rav แธคamaโ€™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 แธคama 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.

ืืžืจ ืœื™ื” ืจื‘ ืื—ื ื‘ืจื™ื” ื“ืจื‘ื ืœืจื‘ื™ื ื ื”ืœื›ืชื ืžืื™ ืืžืจ ืœื™ื” ื‘ื›ื•ืœื”ื• ื”ืœื›ืชื ื›ืจื‘ ื—ืžื ืœื‘ืจ ืžืชื‘ืจื ื“ืกื”ื“ื™ ื‘ืฉืงืจื™ ืœื ืžื—ื–ืงื™ื ืŸ

Rav Aแธฅa, 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 แธคama, 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.

ืžืจ ื–ื•ื˜ืจื ื‘ืจื™ื” ื“ืจื‘ ืžืจื™ ืืžืจ ื‘ื”ื ื ืžื™ ื”ืœื›ืชื ื›ืจื‘ ื—ืžื ื“ืื ืื™ืชื ื“ืชื‘ืจื ืžืขืœื™ื ื”ื•ื ืื™ื‘ืขื™ ืœื™ื” ืœืืคื•ืงื™ ื‘ื—ื™ื™ ืื‘ื•ื”ื•ืŸ ื•ืžื“ืœื ืืคืงื™ื” ืฉืžืข ืžื™ื ื” ื–ื™ื•ืคื™ ื–ื™ื™ืคื™ื”

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav แธคama, 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 fatherโ€™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.

ืžืชื ื™ืณ ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ื‘ื™ืช ืฉืขืจ ื•ื“ืœืช ืœื—ืฆืจ ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ื—ืฆืจื•ืช ืจืื•ื™ื•ืช ืœื‘ื™ืช ืฉืขืจ ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ืœืขื™ืจ ื—ื•ืžื” ื•ื“ืœืชื™ื ื•ื‘ืจื™ื— ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ืขื™ื™ืจื•ืช ืจืื•ื™ื•ืช ืœื—ื•ืžื”

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.

ื›ืžื” ื™ื”ื ื‘ืขื™ืจ ื•ื™ื”ื ื›ืื ืฉื™ ื”ืขื™ืจ ืฉื ื™ื ืขืฉืจ ื—ื“ืฉ ืงื ื” ื‘ื” ื‘ื™ืช ื“ื™ืจื” ื”ืจื™ ื”ื•ื ื›ืื ืฉื™ ื”ืขื™ืจ ืžื™ื“

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.

ื’ืžืณ ืœืžื™ืžืจื ื“ื‘ื™ืช ืฉืขืจ ืžืขืœื™ื•ืชื ื”ื™ื ื•ื”ื ื”ื”ื•ื ื—ืกื™ื“ื ื“ื”ื•ื” ืจื’ื™ืœ ืืœื™ื”ื• ื“ื”ื•ื” ืžืฉืชืขื™ ื‘ื”ื“ื™ื” ืขื‘ื“ ื‘ื™ืช ืฉืขืจ ื•ืชื• ืœื ืžืฉืชืขื™ ื‘ื”ื“ื™ื” ืœื ืงืฉื™ื ื”ื ืžื’ื•ืื™ ื”ื ืžื‘ืจืื™

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasnโ€™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 courtyardโ€™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 poorโ€™s access to the courtyardโ€™s entrance.

ื•ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ืžื‘ืจืื™ ื•ืœื ืงืฉื™ื ื”ื ื“ืื™ืช ืœื™ื” ื“ืœืช ื”ื ื“ืœื™ืช ืœื™ื” ื“ืœืช ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ื“ืื™ืช ืœื™ื” ื“ืœืช ื•ืœื ืงืฉื™ื ื”ื ื“ืื™ืช ืœื™ื” ืคื•ืชื—ืช ื”ื ื“ืœื™ืช ืœื™ื” ืคื•ืชื—ืช ืื™ ื‘ืขื™ืช ืื™ืžื ื”ื ื•ื”ื ื“ืื™ืช ืœื™ื” ืคื•ืชื—ืช ื•ืœื ืงืฉื™ื ื”ื ื“ืคื•ืชื—ืช ื“ื™ื“ื™ื” ืžื’ื•ืื™ ื”ื ื“ืคื•ืชื—ืช ื“ื™ื“ื™ื” ืžื‘ืจืื™

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.

ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ื‘ื™ืช ืฉืขืจ ื•ื“ืœืช ืœื—ืฆืจ ืชื ื™ื ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื—ืฆืจื•ืช ืจืื•ื™ื•ืช ืœื‘ื™ืช ืฉืขืจ ืืœื ื—ืฆืจ ื”ืกืžื•ื›ื” ืœืจืฉื•ืช ื”ืจื‘ื™ื ืจืื•ื™ื” ืœื‘ื™ืช ืฉืขืจ ื•ืฉืื™ื ื” ืกืžื•ื›ื” ืœืจืฉื•ืช ื”ืจื‘ื™ื ืื™ื ื” ืจืื•ื™ื” ืœื‘ื™ืช ืฉืขืจ ื•ืจื‘ื ืŸ ื–ื™ืžื ื™ืŸ ื“ื“ื—ืงื™ ื‘ื ื™ ืจืฉื•ืช ื”ืจื‘ื™ื ื•ืขื™ื™ืœื• ื•ืืชื•

ยง 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 donโ€™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.

ื›ื•ืคื™ืŸ ืื•ืชื• ืœื‘ื ื•ืช ืœืขื™ืจ ื›ื•ืณ ืชื ื• ืจื‘ื ืŸ ื›ื•ืคื™ืŸ ืื•ืชื• ืœืขืฉื•ืช ืœืขื™ืจ ื“ืœืชื™ื ื•ื‘ืจื™ื— ื•ืจื‘ืŸ ืฉืžืขื•ืŸ ื‘ืŸ ื’ืžืœื™ืืœ ืื•ืžืจ ืœื ื›ืœ ื”ืขื™ื™ืจื•ืช ืจืื•ื™ื•ืช ืœื—ื•ืžื” ืืœื ืขื™ืจ ื”ืกืžื•ื›ื” ืœืกืคืจ ืจืื•ื™ื” ืœื—ื•ืžื” ื•ืฉืื™ื ื” ืกืžื•ื›ื” ืœืกืคืจ ืื™ื ื” ืจืื•ื™ื” ืœื—ื•ืžื” ื•ืจื‘ื ืŸ ื–ื™ืžื ื™ืŸ ื“ืžืงืจื• ื•ืืชื™ ื’ื™ื™ืกื

ยง 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 donโ€™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.

ื‘ืขื ืžื™ื ื™ื” ืจื‘ื™ ืืœืขื–ืจ ืžืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืฉื”ืŸ ื’ื•ื‘ื™ืŸ ืœืคื™ ื ืคืฉื•ืช ื’ื•ื‘ื™ืŸ ืื• ื“ื™ืœืžื ืœืคื™ ืฉื‘ื— ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ืืžืจ ืœื™ื” ืœืคื™ ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ื•ืืœืขื–ืจ ื‘ื ื™ ืงื‘ืข ื‘ื” ืžืกืžืจื•ืช

With regard to this issue, Rabbi Elazar asked Rabbi Yoแธฅanan: 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 Yoแธฅanan 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.

ืื™ื›ื ื“ืืžืจื™ ื‘ืขื ืžื™ื ื™ื” ืจื‘ื™ ืืœืขื–ืจ ืžืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืฉื”ืŸ ื’ื•ื‘ื™ืŸ ืœืคื™ ืงื™ืจื•ื‘ ื‘ืชื™ื ื”ืŸ ื’ื•ื‘ื™ืŸ ืื• ื“ื™ืœืžื ืœืคื™ ืžืžื•ืŸ ื’ื•ื‘ื™ืŸ ืืžืจ ืœื™ื” ืœืคื™ ืงื™ืจื•ื‘ ื‘ืชื™ื ื”ืŸ ื’ื•ื‘ื™ืŸ ื•ืืœืขื–ืจ ื‘ื ื™ ืงื‘ืข ื‘ื” ืžืกืžืจื•ืช

There are those who say that Rabbi Elazar asked Rabbi Yoแธฅanan: 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 Yoแธฅanan 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.

ืจื‘ื™ ื™ื”ื•ื“ื” ื ืฉื™ืื” ืจืžื ื“ืฉื•ืจื ืื“ืจื‘ื ืŸ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืจื‘ื ืŸ ืœื ืฆืจื™ื›ื™ ื ื˜ื™ืจื•ืชื ื“ื›ืชื™ื‘ ืืกืคืจื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ ืืกืคืจื ืœืžืืŸ ืื™ืœื™ืžื ืœืฆื“ื™ืงื™ื ื“ื ืคื™ืฉื™ ืžื—ืœื ื”ืฉืชื ื›ื•ืœื”ื• ื™ืฉืจืืœ ื›ืชื™ื‘ ื‘ื”ื• ื›ื—ื•ืœ ืืฉืจ ืขืœ ืฉืคืช ื”ื™ื ืฆื“ื™ืงื™ื ืขืฆืžื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ

ยง 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: โ€œHow precious are your dear ones to me, O Godโ€ฆIf I should count them, they are more in number than the sandโ€ (Psalms 139:17โ€“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: โ€œAs the sand which is upon the seashoreโ€ (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?

ืืœื ื”ื›ื™ ืงืืžืจ ืืกืคืจื ืœืžืขืฉื™ื”ื ืฉืœ ืฆื“ื™ืงื™ื ืžื—ื•ืœ ื™ืจื‘ื•ืŸ ื•ืงืœ ื•ื—ื•ืžืจ ื•ืžื” ื—ื•ืœ ืฉืžื•ืขื˜ ืžื’ื™ืŸ ืขืœ ื”ื™ื ืžืขืฉื™ื”ื ืฉืœ ืฆื“ื™ืงื™ื ืฉื”ื ืžืจื•ื‘ื™ื ืœื ื›ืœ ืฉื›ืŸ ืฉืžื’ื™ื ื™ื ืขืœื™ื”ื

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.

ื›ื™ ืืชื ืœืงืžื™ื” ื“ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืœื™ื” ืžืื™ ื˜ืขืžื ืœื ืชื™ืžื ืœื™ื” ืžื”ื ืื ื™ ื—ื•ืžื” ื•ืฉื“ื™ ื›ืžื’ื“ืœื•ืช ืื ื™ ื—ื•ืžื” ื–ื• ืชื•ืจื” ื•ืฉื“ื™ ื›ืžื’ื“ืœื•ืช

When Reish Lakish came before Rabbi Yoแธฅanan and reported the exchange to him, Rabbi Yoแธฅanan said to him: What is the reason that you did not quote this verse to him: โ€œI am a wall and my breasts are like towersโ€ (Song of Songs 8:10), which may be explained as follows: โ€œI am a wallโ€; this is referring to the Torah. โ€œAnd my breasts are like towersโ€;

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