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Today's Daf Yomi

January 29, 2017 | 讘壮 讘砖讘讟 转砖注状讝

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

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. 聽The third relates to concern over people taking advantage of orphans and forging documents to get out of repaying a loan. 聽 For what things can we force members of a courtyard to share costs for? 聽Do residents of the town need to share the costs for a wall to protect the city and a door and lock? 聽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? 聽Do talmidei chachamim need to pay at all because they are considered protected from God? 聽2 different verses are brought to show that they do not need protection. 聽However Rabbi Yehuda Nesia insisted the talmidei chachamim pay.


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讗诪专 诇讬讛 讗讬住转专讬讛 讗谞讗 讜讗讘谞讬讬讛 讗诪专 诇讬转 诇讬 讚讜讻转讗 诇诪讬讚专 讘讛 讗诪专 诇讬讛 讗谞讗 讗讜讙专 诇讱 讚讜讻转讗 讗诪专 诇讬讛 诇讗 讟专讞谞讗 诇讗 拽讗 诪转讚专 诇讬 砖讜祝 讗讻专讬住讱 讜注讜诇 讜砖讜祝 讗讻专讬住讱 讜驻讜拽

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.

讗诪专 专讘 讞诪讗 讘讚讬谞讗 拽讗 诪注讻讘 讜讛谞讬 诪讬诇讬 讚诇讗 诪讟讜 讻砖讜专讬 诇诪讟讛 诪注砖专讛 讗讘诇 诪讟讜 讻砖讜专讬 诇诪讟讛 诪注砖专讛 诪爪讬 讗诪专 诇讬讛 诇诪讟讛 诪注砖专讛 专砖讜转讗 讚讬讚讬 讛讜讗 讜诇讗 诪砖注讘讚 诇讱

Rav 岣ma 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.

讜讛谞讬 诪讬诇讬 讚诇讗 讗转谞讜 讙讘讬 讛讚讚讬 讗讘诇 讗转谞讜 讙讘讬 讛讚讚讬 住转专讬 讜讘谞讜

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.

讜讻讬 讗转谞讜 讘讛讚讬 讛讚讚讬 注讚 讻诪讛 讗诪专讜 专讘谞谉 拽诪讬讛 讚专讘讛 诪砖诪讬讛 讚诪专 讝讜讟专讗 讘专讬讛 讚专讘 谞讞诪谉 讚讗诪专 诪砖诪讬讛 讚专讘 谞讞诪谉 讻讗讜转讛 砖砖谞讬谞讜 专讜诪讜 讻讞爪讬 讗专讻讜 讜讻讞爪讬 专讞讘讜 讗诪专 诇讛讜 专讘讛 诇讗讜 讗诪讬谞讗 诇讻讜 诇讗 转讬转诇讜 讘讬讛 讘讜拽讬 住专讬拽讬 讘专讘 谞讞诪谉 讛讻讬 讗诪专 专讘 谞讞诪谉 讻讬 讚讚讬讬专讬 讗讬谞砖讬 讜讻诪讛 讗诪专 专讘 讛讜谞讗 讘专讬讛 讚专讘 讬讛讜砖注 讻讬 讛讬讻讬 讚注讬讬诇讬 讗讬住讜专讬转讗 讚诪讞讜讝讗 讜讛讚专

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 Na岣an, who said in the name of Rav Na岣an: 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 Na岣an, meaning not to attribute foolish opinions to him? Rather, this is what Rav Na岣an 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 Me岣za and be able to turn around.

讛讛讜讗 讙讘专讗 讚讛讜讛 讘谞讬 讗砖讬转讗 讗讞讜专讬 讻讜讜讬 讚讞讘专讬讛 讗诪专 诇讬讛 拽讗 诪讗驻诇转 注诇讬 讗诪专 诇讬讛 住讻专谞讗 诇讱 讛讻讗 讜注讘讬讚谞讗 诇讱 讻讜讜讬 诇注讬诇 诪讗砖讬转讗讬 讗诪专 诇讬讛 拽讗 诪专注转 诇讬讛 诇讗砖讬转讗讬 讗诪专 诇讬讛 住转专谞讗 诇讱 诇讗砖讬转讱 注讚 讚讜讻转讗 讚讻讜讜讬 讜讘谞讬谞讗 诇讛 讜注讘讬讚谞讗 诇讱 讻讜讜讬 讘讘谞讬谞讗 诇注讬诇 诪讗砖讬转讗讬 讗诪专 诇讬讛 讗砖讬转讗 诪转转讗讛 注转讬拽讗 讜诪诇注讬诇 讞讚转讗 诇讗 拽讬讬诪讗

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.

讗诪专 诇讬讛 住转专谞讗 诇讛 注讚 诇讗专注讗 讜讘谞讬谞讗 诇讛 讜注讘讬讚谞讗 诇讱 讻讜讜讬 讘讙讜讛 讗诪专 诇讬讛 讞讚讗 讗砖讬转讗 讞讚转讗 讘讻讜诇讬讛 讘讬转讗 注转讬拽讗 诇讗 拽讬讬诪讗 讗诪专 诇讬讛 住转专谞讗 诇讛 诇讻讜诇讬讛 讘讬转讗 讜讘谞讬谞讗 诇讱 讻讜讜讬 讘讘谞讬谞讗 讗诪专 诇讬讛 诇讬转 诇讬 讚讜讻转讗 诇诪讬讚专 讘讛 讗诪专 诇讬讛 讗讙讬专谞讗 诇讱 讚讜讻转讗 讗诪专 诇讬讛 诇讗 讟专讞谞讗 讗诪专 专讘 讞诪讗 讘讚讬谉 拽讗 诪注讻讘

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 岣ma said: By law, the neighbor can prevent him from building the wall.

讛讬讬谞讜 讛讱 讜讛讗 转讜 诇诪讛 诇讬 讛讗 拽讗 诪砖诪注 诇谉 讚讗祝 注诇 讙讘 讚诇讗 诪砖转诪砖 讗诇讗 转讬讘谞讗 讜讘讬 爪讬讘讬 讘注诇诪讗

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.

讛谞讛讜 讘讬 转专讬 讗讞讬 讚驻诇讙讬 讘讛讚讬 讛讚讚讬 讞讚 诪讟讬讬讛 讗住驻诇讬讚讗 讜讞讚 诪讟讬讬讛 转专讘讬爪讗 讗讝诇 讛讛讜讗 讚诪讟讬讬讛 转专讘讬爪讗 讜拽讗 讘谞讬 讗砖讬转讗 讗驻讜诪讗 讚讗住驻诇讬讚讗 讗诪专 诇讬讛 拽讗 诪讗驻诇转 注诇讬 讗诪专 诇讬讛 讘讚讬讚讬 拽讗 讘谞讬谞讗 讗诪专 专讘 讞诪讗 讘讚讬谉 拽讗诪专 诇讬讛

The Gemara further relates: There were two brothers who divided their father鈥檚 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 岣ma said: By right he said that to him, as it is permitted for him to build there.

讗诪专 诇讬讛 专讘讬谞讗 诇专讘 讗砖讬 诪讗讬 砖谞讗 诪讛讗 讚转谞讬讗 砖谞讬 讗讞讬谉 砖讞诇拽讜 讗讞讚 诪讛谉 谞讟诇 砖讚讛 讻专诐 讜讗讞讚 诪讛谉 谞讟诇 砖讚讛 诇讘谉 讬砖 诇讜 诇讘注诇 讛讻专诐 讗专讘注 讗诪讜转 讘砖讚讛 诇讘谉 砖注诇 诪谞转 讻谉 讞诇拽讜

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鈥檚 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?

讗诪专 诇讬讛 讛转诐 讚注诇讜 诇讛讚讚讬 讗讘诇 讛讻讗 诪讗讬 讚诇讗 注诇讜 诇讛讚讚讬 讜讻讬 讘砖讜驻讟谞讬 注住拽讬谞谉 讚讛讗讬 砖拽讬诇 讗住驻诇讬讚讗 讜讛讗讬 砖拽讬诇 转专讘讬爪讗 讜诇讗 注诇讜 诇讛讚讚讬 讗诪专 诇讬讛 谞讛讬 讚注诇讜 诇讛讚讚讬 讚诪讬 诇讬讘谞讬 讻砖讜专讬 讜讛讜讚专讬 讚诪讬 讗讜讬专讗 诇讗 注诇讜 诇讛讚讚讬

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.

讜诇讬诪讗 诇讬讛 诪注讬拽专讗 讗住驻诇讬讚讗 驻诇讙转 诇讬 讛砖转讗 诪砖讜讬转 诇讬 讗讬讚专讜谞讗 讗诪专 专讘 砖讬诪讬 讘专 讗砖讬 砖诪讗 讘注诇诪讗 驻诇讙 诇讬讛

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.

诪讬 诇讗 转谞讬讗 讛讗讜诪专 讘讬转 讻讜专 注驻专 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谞讜 讗诇讗 诇转讱 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 讘讬转 讻讜专 驻专讚住 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谉 讘讜 专诪讜谞讬诐 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 驻专讚住 讻专诐 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谉 讘讜 讙驻谞讬诐 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 讻专诪讗

Rav Ashi continues: Isn鈥檛 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.

诪讬 讚诪讬 讛转诐 诪爪讬 讗诪专 诇讬讛 诪讜讻专 诇诇讜拽讞 砖诪讗 讝讘讬谞讬 诇讱 讛讻讗 诪爪讬 讗诪专 诇讬讛 讗讚注转讗 讚讛讻讬 驻诇讙讬 讚讚讗讬专谞讗 讘讬讛 讻讬 讛讬讻讬 讚讚专讜 讗讘讛转谉

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.

讗诪专讜 诇讬讛

With regard to Rav 岣ma鈥檚 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,

诪专 讬谞讜拽讗 讜诪专 拽砖讬砖讗 讘专讬讛 讚专讘 讞住讚讗 诇专讘 讗砖讬 谞讛专讚注讬 诇讟注诪讬讬讛讜 讚讗诪专 专讘 谞讞诪谉 讗诪专 砖诪讜讗诇 讛讗讞讬谉 砖讞诇拽讜 讗讬谉 诇讛谉 诇讗 讚专讱 讝讛 注诇 讝讛

i.e., Mar Yenuka and Mar Kashisha, sons of Rav 岣sda, said to Rav Ashi: The Sages of Neharde鈥檃 follow their usual line of reasoning, as Rav 岣ma, who was from Neharde鈥檃, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Na岣an says that Shmuel says: In the case of brothers who divided their father鈥檚 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鈥檚 outer field.

讜诇讗 讞诇讜谞讜转 讝讛 注诇 讝讛 讜诇讗 住讜诇诪讜转 讝讛 注诇 讝讛 讜诇讗 讗诪转 讛诪讬诐 讝讛 注诇 讝讛 讜讛讝讛专讜 讘讛谉 砖讛诇讻讜转 拽讘讜注讜转 讛谉 讜专讘讗 讗诪专 讬砖 诇讛谉

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

讛讛讜讗 砖讟专讗 讚讬转诪讬 讚谞驻讬拽 注诇讬讛 转讘专讗 讗诪专 专讘 讞诪讗 讗讙讘讜讬讬 诇讗 诪讙讘讬谞谉 诇讬讛 讜诪讬拽专注 诇讗 拽专注讬谞谉 诇讬讛 讗讙讘讜讬讬 诇讗 诪讙讘讬谞谉 诇讬讛 讚谞驻拽 转讘专讗 注诇讬讛 诪讬拽专注 诇讗 拽专注讬谞谉 诇讬讛 讚讻讬 讙讚诇讬 讬转诪讬 讚讬诇诪讗 诪讬讬转讜 专讗讬讛 讜诪专注讬 诇讬讛

Since Rav 岣ma鈥檚 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 岣ma 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.

讗诪专 诇讬讛 专讘 讗讞讗 讘专讬讛 讚专讘讗 诇专讘讬谞讗 讛诇讻转讗 诪讗讬 讗诪专 诇讬讛 讘讻讜诇讛讜 讛诇讻转讗 讻专讘 讞诪讗 诇讘专 诪转讘专讗 讚住讛讚讬 讘砖拽专讬 诇讗 诪讞讝拽讬谞谉

Rav A岣, 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 岣ma, 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.

诪专 讝讜讟专讗 讘专讬讛 讚专讘 诪专讬 讗诪专 讘讛讗 谞诪讬 讛诇讻转讗 讻专讘 讞诪讗 讚讗诐 讗讬转讗 讚转讘专讗 诪注诇讬讗 讛讜讗 讗讬讘注讬 诇讬讛 诇讗驻讜拽讬 讘讞讬讬 讗讘讜讛讜谉 讜诪讚诇讗 讗驻拽讬讛 砖诪注 诪讬谞讛 讝讬讜驻讬 讝讬讬驻讬讛

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav 岣ma, 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鈥檚 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.

诪转谞讬壮 讻讜驻讬谉 讗讜转讜 诇讘谞讜转 讘讬转 砖注专 讜讚诇转 诇讞爪专 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛讞爪专讜转 专讗讜讬讜转 诇讘讬转 砖注专 讻讜驻讬谉 讗讜转讜 诇讘谞讜转 诇注讬专 讞讜诪讛 讜讚诇转讬诐 讜讘专讬讞 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛注讬讬专讜转 专讗讜讬讜转 诇讞讜诪讛

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.

讻诪讛 讬讛讗 讘注讬专 讜讬讛讗 讻讗谞砖讬 讛注讬专 砖谞讬诐 注砖专 讞讚砖 拽谞讛 讘讛 讘讬转 讚讬专讛 讛专讬 讛讜讗 讻讗谞砖讬 讛注讬专 诪讬讚

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.

讙诪壮 诇诪讬诪专讗 讚讘讬转 砖注专 诪注诇讬讜转讗 讛讬讗 讜讛讗 讛讛讜讗 讞住讬讚讗 讚讛讜讛 专讙讬诇 讗诇讬讛讜 讚讛讜讛 诪砖转注讬 讘讛讚讬讛 注讘讚 讘讬转 砖注专 讜转讜 诇讗 诪砖转注讬 讘讛讚讬讛 诇讗 拽砖讬讗 讛讗 诪讙讜讗讬 讛讗 诪讘专讗讬

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasn鈥檛 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鈥檚 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鈥檚 access to the courtyard鈥檚 entrance.

讜讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 诪讘专讗讬 讜诇讗 拽砖讬讗 讛讗 讚讗讬转 诇讬讛 讚诇转 讛讗 讚诇讬转 诇讬讛 讚诇转 讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 讚讗讬转 诇讬讛 讚诇转 讜诇讗 拽砖讬讗 讛讗 讚讗讬转 诇讬讛 驻讜转讞转 讛讗 讚诇讬转 诇讬讛 驻讜转讞转 讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 讚讗讬转 诇讬讛 驻讜转讞转 讜诇讗 拽砖讬讗 讛讗 讚驻讜转讞转 讚讬讚讬讛 诪讙讜讗讬 讛讗 讚驻讜转讞转 讚讬讚讬讛 诪讘专讗讬

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.

讻讜驻讬谉 讗讜转讜 诇讘谞讜转 讘讬转 砖注专 讜讚诇转 诇讞爪专 转谞讬讗 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讞爪专讜转 专讗讜讬讜转 诇讘讬转 砖注专 讗诇讗 讞爪专 讛住诪讜讻讛 诇专砖讜转 讛专讘讬诐 专讗讜讬讛 诇讘讬转 砖注专 讜砖讗讬谞讛 住诪讜讻讛 诇专砖讜转 讛专讘讬诐 讗讬谞讛 专讗讜讬讛 诇讘讬转 砖注专 讜专讘谞谉 讝讬诪谞讬谉 讚讚讞拽讬 讘谞讬 专砖讜转 讛专讘讬诐 讜注讬讬诇讜 讜讗转讜

搂 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鈥檛 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.

讻讜驻讬谉 讗讜转讜 诇讘谞讜转 诇注讬专 讻讜壮 转谞讜 专讘谞谉 讻讜驻讬谉 讗讜转讜 诇注砖讜转 诇注讬专 讚诇转讬诐 讜讘专讬讞 讜专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛注讬讬专讜转 专讗讜讬讜转 诇讞讜诪讛 讗诇讗 注讬专 讛住诪讜讻讛 诇住驻专 专讗讜讬讛 诇讞讜诪讛 讜砖讗讬谞讛 住诪讜讻讛 诇住驻专 讗讬谞讛 专讗讜讬讛 诇讞讜诪讛 讜专讘谞谉 讝讬诪谞讬谉 讚诪拽专讜 讜讗转讬 讙讬讬住讗

搂 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鈥檛 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.

讘注讗 诪讬谞讬讛 专讘讬 讗诇注讝专 诪专讘讬 讬讜讞谞谉 讻砖讛谉 讙讜讘讬谉 诇驻讬 谞驻砖讜转 讙讜讘讬谉 讗讜 讚讬诇诪讗 诇驻讬 砖讘讞 诪诪讜谉 讙讜讘讬谉 讗诪专 诇讬讛 诇驻讬 诪诪讜谉 讙讜讘讬谉 讜讗诇注讝专 讘谞讬 拽讘注 讘讛 诪住诪专讜转

With regard to this issue, Rabbi Elazar asked Rabbi Yo岣nan: 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 Yo岣nan 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.

讗讬讻讗 讚讗诪专讬 讘注讗 诪讬谞讬讛 专讘讬 讗诇注讝专 诪专讘讬 讬讜讞谞谉 讻砖讛谉 讙讜讘讬谉 诇驻讬 拽讬专讜讘 讘转讬诐 讛谉 讙讜讘讬谉 讗讜 讚讬诇诪讗 诇驻讬 诪诪讜谉 讙讜讘讬谉 讗诪专 诇讬讛 诇驻讬 拽讬专讜讘 讘转讬诐 讛谉 讙讜讘讬谉 讜讗诇注讝专 讘谞讬 拽讘注 讘讛 诪住诪专讜转

There are those who say that Rabbi Elazar asked Rabbi Yo岣nan: 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 Yo岣nan 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.

专讘讬 讬讛讜讚讛 谞砖讬讗讛 专诪讗 讚砖讜专讗 讗讚专讘谞谉 讗诪专 专讬砖 诇拽讬砖 专讘谞谉 诇讗 爪专讬讻讬 谞讟讬专讜转讗 讚讻转讬讘 讗住驻专诐 诪讞讜诇 讬专讘讜谉 讗住驻专诐 诇诪讗谉 讗讬诇讬诪讗 诇爪讚讬拽讬诐 讚谞驻讬砖讬 诪讞诇讗 讛砖转讗 讻讜诇讛讜 讬砖专讗诇 讻转讬讘 讘讛讜 讻讞讜诇 讗砖专 注诇 砖驻转 讛讬诐 爪讚讬拽讬诐 注爪诪诐 诪讞讜诇 讬专讘讜谉

搂 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: 鈥淗ow precious are your dear ones to me, O God鈥If I should count them, they are more in number than the sand鈥 (Psalms 139:17鈥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: 鈥淎s the sand which is upon the seashore鈥 (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?

讗诇讗 讛讻讬 拽讗诪专 讗住驻专诐 诇诪注砖讬讛诐 砖诇 爪讚讬拽讬诐 诪讞讜诇 讬专讘讜谉 讜拽诇 讜讞讜诪专 讜诪讛 讞讜诇 砖诪讜注讟 诪讙讬谉 注诇 讛讬诐 诪注砖讬讛诐 砖诇 爪讚讬拽讬诐 砖讛诐 诪专讜讘讬诐 诇讗 讻诇 砖讻谉 砖诪讙讬谞讬诐 注诇讬讛诐

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.

讻讬 讗转讗 诇拽诪讬讛 讚专讘讬 讬讜讞谞谉 讗诪专 诇讬讛 诪讗讬 讟注诪讗 诇讗 转讬诪讗 诇讬讛 诪讛讗 讗谞讬 讞讜诪讛 讜砖讚讬 讻诪讙讚诇讜转 讗谞讬 讞讜诪讛 讝讜 转讜专讛 讜砖讚讬 讻诪讙讚诇讜转

When Reish Lakish came before Rabbi Yo岣nan and reported the exchange to him, Rabbi Yo岣nan said to him: What is the reason that you did not quote this verse to him: 鈥淚 am a wall and my breasts are like towers鈥 (Song of Songs 8:10), which may be explained as follows: 鈥淚 am a wall鈥; this is referring to the Torah. 鈥淎nd my breasts are like towers鈥;

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

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Bava Batra 7

The William Davidson Talmud | Powered by Sefaria

Bava Batra 7

讗诪专 诇讬讛 讗讬住转专讬讛 讗谞讗 讜讗讘谞讬讬讛 讗诪专 诇讬转 诇讬 讚讜讻转讗 诇诪讬讚专 讘讛 讗诪专 诇讬讛 讗谞讗 讗讜讙专 诇讱 讚讜讻转讗 讗诪专 诇讬讛 诇讗 讟专讞谞讗 诇讗 拽讗 诪转讚专 诇讬 砖讜祝 讗讻专讬住讱 讜注讜诇 讜砖讜祝 讗讻专讬住讱 讜驻讜拽

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.

讗诪专 专讘 讞诪讗 讘讚讬谞讗 拽讗 诪注讻讘 讜讛谞讬 诪讬诇讬 讚诇讗 诪讟讜 讻砖讜专讬 诇诪讟讛 诪注砖专讛 讗讘诇 诪讟讜 讻砖讜专讬 诇诪讟讛 诪注砖专讛 诪爪讬 讗诪专 诇讬讛 诇诪讟讛 诪注砖专讛 专砖讜转讗 讚讬讚讬 讛讜讗 讜诇讗 诪砖注讘讚 诇讱

Rav 岣ma 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.

讜讛谞讬 诪讬诇讬 讚诇讗 讗转谞讜 讙讘讬 讛讚讚讬 讗讘诇 讗转谞讜 讙讘讬 讛讚讚讬 住转专讬 讜讘谞讜

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.

讜讻讬 讗转谞讜 讘讛讚讬 讛讚讚讬 注讚 讻诪讛 讗诪专讜 专讘谞谉 拽诪讬讛 讚专讘讛 诪砖诪讬讛 讚诪专 讝讜讟专讗 讘专讬讛 讚专讘 谞讞诪谉 讚讗诪专 诪砖诪讬讛 讚专讘 谞讞诪谉 讻讗讜转讛 砖砖谞讬谞讜 专讜诪讜 讻讞爪讬 讗专讻讜 讜讻讞爪讬 专讞讘讜 讗诪专 诇讛讜 专讘讛 诇讗讜 讗诪讬谞讗 诇讻讜 诇讗 转讬转诇讜 讘讬讛 讘讜拽讬 住专讬拽讬 讘专讘 谞讞诪谉 讛讻讬 讗诪专 专讘 谞讞诪谉 讻讬 讚讚讬讬专讬 讗讬谞砖讬 讜讻诪讛 讗诪专 专讘 讛讜谞讗 讘专讬讛 讚专讘 讬讛讜砖注 讻讬 讛讬讻讬 讚注讬讬诇讬 讗讬住讜专讬转讗 讚诪讞讜讝讗 讜讛讚专

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 Na岣an, who said in the name of Rav Na岣an: 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 Na岣an, meaning not to attribute foolish opinions to him? Rather, this is what Rav Na岣an 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 Me岣za and be able to turn around.

讛讛讜讗 讙讘专讗 讚讛讜讛 讘谞讬 讗砖讬转讗 讗讞讜专讬 讻讜讜讬 讚讞讘专讬讛 讗诪专 诇讬讛 拽讗 诪讗驻诇转 注诇讬 讗诪专 诇讬讛 住讻专谞讗 诇讱 讛讻讗 讜注讘讬讚谞讗 诇讱 讻讜讜讬 诇注讬诇 诪讗砖讬转讗讬 讗诪专 诇讬讛 拽讗 诪专注转 诇讬讛 诇讗砖讬转讗讬 讗诪专 诇讬讛 住转专谞讗 诇讱 诇讗砖讬转讱 注讚 讚讜讻转讗 讚讻讜讜讬 讜讘谞讬谞讗 诇讛 讜注讘讬讚谞讗 诇讱 讻讜讜讬 讘讘谞讬谞讗 诇注讬诇 诪讗砖讬转讗讬 讗诪专 诇讬讛 讗砖讬转讗 诪转转讗讛 注转讬拽讗 讜诪诇注讬诇 讞讚转讗 诇讗 拽讬讬诪讗

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.

讗诪专 诇讬讛 住转专谞讗 诇讛 注讚 诇讗专注讗 讜讘谞讬谞讗 诇讛 讜注讘讬讚谞讗 诇讱 讻讜讜讬 讘讙讜讛 讗诪专 诇讬讛 讞讚讗 讗砖讬转讗 讞讚转讗 讘讻讜诇讬讛 讘讬转讗 注转讬拽讗 诇讗 拽讬讬诪讗 讗诪专 诇讬讛 住转专谞讗 诇讛 诇讻讜诇讬讛 讘讬转讗 讜讘谞讬谞讗 诇讱 讻讜讜讬 讘讘谞讬谞讗 讗诪专 诇讬讛 诇讬转 诇讬 讚讜讻转讗 诇诪讬讚专 讘讛 讗诪专 诇讬讛 讗讙讬专谞讗 诇讱 讚讜讻转讗 讗诪专 诇讬讛 诇讗 讟专讞谞讗 讗诪专 专讘 讞诪讗 讘讚讬谉 拽讗 诪注讻讘

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 岣ma said: By law, the neighbor can prevent him from building the wall.

讛讬讬谞讜 讛讱 讜讛讗 转讜 诇诪讛 诇讬 讛讗 拽讗 诪砖诪注 诇谉 讚讗祝 注诇 讙讘 讚诇讗 诪砖转诪砖 讗诇讗 转讬讘谞讗 讜讘讬 爪讬讘讬 讘注诇诪讗

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.

讛谞讛讜 讘讬 转专讬 讗讞讬 讚驻诇讙讬 讘讛讚讬 讛讚讚讬 讞讚 诪讟讬讬讛 讗住驻诇讬讚讗 讜讞讚 诪讟讬讬讛 转专讘讬爪讗 讗讝诇 讛讛讜讗 讚诪讟讬讬讛 转专讘讬爪讗 讜拽讗 讘谞讬 讗砖讬转讗 讗驻讜诪讗 讚讗住驻诇讬讚讗 讗诪专 诇讬讛 拽讗 诪讗驻诇转 注诇讬 讗诪专 诇讬讛 讘讚讬讚讬 拽讗 讘谞讬谞讗 讗诪专 专讘 讞诪讗 讘讚讬谉 拽讗诪专 诇讬讛

The Gemara further relates: There were two brothers who divided their father鈥檚 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 岣ma said: By right he said that to him, as it is permitted for him to build there.

讗诪专 诇讬讛 专讘讬谞讗 诇专讘 讗砖讬 诪讗讬 砖谞讗 诪讛讗 讚转谞讬讗 砖谞讬 讗讞讬谉 砖讞诇拽讜 讗讞讚 诪讛谉 谞讟诇 砖讚讛 讻专诐 讜讗讞讚 诪讛谉 谞讟诇 砖讚讛 诇讘谉 讬砖 诇讜 诇讘注诇 讛讻专诐 讗专讘注 讗诪讜转 讘砖讚讛 诇讘谉 砖注诇 诪谞转 讻谉 讞诇拽讜

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鈥檚 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?

讗诪专 诇讬讛 讛转诐 讚注诇讜 诇讛讚讚讬 讗讘诇 讛讻讗 诪讗讬 讚诇讗 注诇讜 诇讛讚讚讬 讜讻讬 讘砖讜驻讟谞讬 注住拽讬谞谉 讚讛讗讬 砖拽讬诇 讗住驻诇讬讚讗 讜讛讗讬 砖拽讬诇 转专讘讬爪讗 讜诇讗 注诇讜 诇讛讚讚讬 讗诪专 诇讬讛 谞讛讬 讚注诇讜 诇讛讚讚讬 讚诪讬 诇讬讘谞讬 讻砖讜专讬 讜讛讜讚专讬 讚诪讬 讗讜讬专讗 诇讗 注诇讜 诇讛讚讚讬

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.

讜诇讬诪讗 诇讬讛 诪注讬拽专讗 讗住驻诇讬讚讗 驻诇讙转 诇讬 讛砖转讗 诪砖讜讬转 诇讬 讗讬讚专讜谞讗 讗诪专 专讘 砖讬诪讬 讘专 讗砖讬 砖诪讗 讘注诇诪讗 驻诇讙 诇讬讛

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.

诪讬 诇讗 转谞讬讗 讛讗讜诪专 讘讬转 讻讜专 注驻专 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谞讜 讗诇讗 诇转讱 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 讘讬转 讻讜专 驻专讚住 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谉 讘讜 专诪讜谞讬诐 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 驻专讚住 讻专诐 讗谞讬 诪讜讻专 诇讱 讗祝 注诇 驻讬 砖讗讬谉 讘讜 讙驻谞讬诐 讛讙讬注讜 砖诇讗 诪讻专 诇讜 讗诇讗 砖诪讗 讜讛讜讗 讚诪讬转拽专讬 讻专诪讗

Rav Ashi continues: Isn鈥檛 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.

诪讬 讚诪讬 讛转诐 诪爪讬 讗诪专 诇讬讛 诪讜讻专 诇诇讜拽讞 砖诪讗 讝讘讬谞讬 诇讱 讛讻讗 诪爪讬 讗诪专 诇讬讛 讗讚注转讗 讚讛讻讬 驻诇讙讬 讚讚讗讬专谞讗 讘讬讛 讻讬 讛讬讻讬 讚讚专讜 讗讘讛转谉

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.

讗诪专讜 诇讬讛

With regard to Rav 岣ma鈥檚 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,

诪专 讬谞讜拽讗 讜诪专 拽砖讬砖讗 讘专讬讛 讚专讘 讞住讚讗 诇专讘 讗砖讬 谞讛专讚注讬 诇讟注诪讬讬讛讜 讚讗诪专 专讘 谞讞诪谉 讗诪专 砖诪讜讗诇 讛讗讞讬谉 砖讞诇拽讜 讗讬谉 诇讛谉 诇讗 讚专讱 讝讛 注诇 讝讛

i.e., Mar Yenuka and Mar Kashisha, sons of Rav 岣sda, said to Rav Ashi: The Sages of Neharde鈥檃 follow their usual line of reasoning, as Rav 岣ma, who was from Neharde鈥檃, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Na岣an says that Shmuel says: In the case of brothers who divided their father鈥檚 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鈥檚 outer field.

讜诇讗 讞诇讜谞讜转 讝讛 注诇 讝讛 讜诇讗 住讜诇诪讜转 讝讛 注诇 讝讛 讜诇讗 讗诪转 讛诪讬诐 讝讛 注诇 讝讛 讜讛讝讛专讜 讘讛谉 砖讛诇讻讜转 拽讘讜注讜转 讛谉 讜专讘讗 讗诪专 讬砖 诇讛谉

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

讛讛讜讗 砖讟专讗 讚讬转诪讬 讚谞驻讬拽 注诇讬讛 转讘专讗 讗诪专 专讘 讞诪讗 讗讙讘讜讬讬 诇讗 诪讙讘讬谞谉 诇讬讛 讜诪讬拽专注 诇讗 拽专注讬谞谉 诇讬讛 讗讙讘讜讬讬 诇讗 诪讙讘讬谞谉 诇讬讛 讚谞驻拽 转讘专讗 注诇讬讛 诪讬拽专注 诇讗 拽专注讬谞谉 诇讬讛 讚讻讬 讙讚诇讬 讬转诪讬 讚讬诇诪讗 诪讬讬转讜 专讗讬讛 讜诪专注讬 诇讬讛

Since Rav 岣ma鈥檚 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 岣ma 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.

讗诪专 诇讬讛 专讘 讗讞讗 讘专讬讛 讚专讘讗 诇专讘讬谞讗 讛诇讻转讗 诪讗讬 讗诪专 诇讬讛 讘讻讜诇讛讜 讛诇讻转讗 讻专讘 讞诪讗 诇讘专 诪转讘专讗 讚住讛讚讬 讘砖拽专讬 诇讗 诪讞讝拽讬谞谉

Rav A岣, 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 岣ma, 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.

诪专 讝讜讟专讗 讘专讬讛 讚专讘 诪专讬 讗诪专 讘讛讗 谞诪讬 讛诇讻转讗 讻专讘 讞诪讗 讚讗诐 讗讬转讗 讚转讘专讗 诪注诇讬讗 讛讜讗 讗讬讘注讬 诇讬讛 诇讗驻讜拽讬 讘讞讬讬 讗讘讜讛讜谉 讜诪讚诇讗 讗驻拽讬讛 砖诪注 诪讬谞讛 讝讬讜驻讬 讝讬讬驻讬讛

Mar Zutra, son of Rav Mari, said: In this case as well, the halakha is in accordance with the opinion of Rav 岣ma, 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鈥檚 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.

诪转谞讬壮 讻讜驻讬谉 讗讜转讜 诇讘谞讜转 讘讬转 砖注专 讜讚诇转 诇讞爪专 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛讞爪专讜转 专讗讜讬讜转 诇讘讬转 砖注专 讻讜驻讬谉 讗讜转讜 诇讘谞讜转 诇注讬专 讞讜诪讛 讜讚诇转讬诐 讜讘专讬讞 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛注讬讬专讜转 专讗讜讬讜转 诇讞讜诪讛

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.

讻诪讛 讬讛讗 讘注讬专 讜讬讛讗 讻讗谞砖讬 讛注讬专 砖谞讬诐 注砖专 讞讚砖 拽谞讛 讘讛 讘讬转 讚讬专讛 讛专讬 讛讜讗 讻讗谞砖讬 讛注讬专 诪讬讚

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.

讙诪壮 诇诪讬诪专讗 讚讘讬转 砖注专 诪注诇讬讜转讗 讛讬讗 讜讛讗 讛讛讜讗 讞住讬讚讗 讚讛讜讛 专讙讬诇 讗诇讬讛讜 讚讛讜讛 诪砖转注讬 讘讛讚讬讛 注讘讚 讘讬转 砖注专 讜转讜 诇讗 诪砖转注讬 讘讛讚讬讛 诇讗 拽砖讬讗 讛讗 诪讙讜讗讬 讛讗 诪讘专讗讬

GEMARA: The Gemara asks: Is this to say that making a gatehouse is beneficial? But wasn鈥檛 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鈥檚 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鈥檚 access to the courtyard鈥檚 entrance.

讜讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 诪讘专讗讬 讜诇讗 拽砖讬讗 讛讗 讚讗讬转 诇讬讛 讚诇转 讛讗 讚诇讬转 诇讬讛 讚诇转 讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 讚讗讬转 诇讬讛 讚诇转 讜诇讗 拽砖讬讗 讛讗 讚讗讬转 诇讬讛 驻讜转讞转 讛讗 讚诇讬转 诇讬讛 驻讜转讞转 讗讬 讘注讬转 讗讬诪讗 讛讗 讜讛讗 讚讗讬转 诇讬讛 驻讜转讞转 讜诇讗 拽砖讬讗 讛讗 讚驻讜转讞转 讚讬讚讬讛 诪讙讜讗讬 讛讗 讚驻讜转讞转 讚讬讚讬讛 诪讘专讗讬

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.

讻讜驻讬谉 讗讜转讜 诇讘谞讜转 讘讬转 砖注专 讜讚诇转 诇讞爪专 转谞讬讗 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讞爪专讜转 专讗讜讬讜转 诇讘讬转 砖注专 讗诇讗 讞爪专 讛住诪讜讻讛 诇专砖讜转 讛专讘讬诐 专讗讜讬讛 诇讘讬转 砖注专 讜砖讗讬谞讛 住诪讜讻讛 诇专砖讜转 讛专讘讬诐 讗讬谞讛 专讗讜讬讛 诇讘讬转 砖注专 讜专讘谞谉 讝讬诪谞讬谉 讚讚讞拽讬 讘谞讬 专砖讜转 讛专讘讬诐 讜注讬讬诇讜 讜讗转讜

搂 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鈥檛 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.

讻讜驻讬谉 讗讜转讜 诇讘谞讜转 诇注讬专 讻讜壮 转谞讜 专讘谞谉 讻讜驻讬谉 讗讜转讜 诇注砖讜转 诇注讬专 讚诇转讬诐 讜讘专讬讞 讜专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讻诇 讛注讬讬专讜转 专讗讜讬讜转 诇讞讜诪讛 讗诇讗 注讬专 讛住诪讜讻讛 诇住驻专 专讗讜讬讛 诇讞讜诪讛 讜砖讗讬谞讛 住诪讜讻讛 诇住驻专 讗讬谞讛 专讗讜讬讛 诇讞讜诪讛 讜专讘谞谉 讝讬诪谞讬谉 讚诪拽专讜 讜讗转讬 讙讬讬住讗

搂 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鈥檛 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.

讘注讗 诪讬谞讬讛 专讘讬 讗诇注讝专 诪专讘讬 讬讜讞谞谉 讻砖讛谉 讙讜讘讬谉 诇驻讬 谞驻砖讜转 讙讜讘讬谉 讗讜 讚讬诇诪讗 诇驻讬 砖讘讞 诪诪讜谉 讙讜讘讬谉 讗诪专 诇讬讛 诇驻讬 诪诪讜谉 讙讜讘讬谉 讜讗诇注讝专 讘谞讬 拽讘注 讘讛 诪住诪专讜转

With regard to this issue, Rabbi Elazar asked Rabbi Yo岣nan: 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 Yo岣nan 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.

讗讬讻讗 讚讗诪专讬 讘注讗 诪讬谞讬讛 专讘讬 讗诇注讝专 诪专讘讬 讬讜讞谞谉 讻砖讛谉 讙讜讘讬谉 诇驻讬 拽讬专讜讘 讘转讬诐 讛谉 讙讜讘讬谉 讗讜 讚讬诇诪讗 诇驻讬 诪诪讜谉 讙讜讘讬谉 讗诪专 诇讬讛 诇驻讬 拽讬专讜讘 讘转讬诐 讛谉 讙讜讘讬谉 讜讗诇注讝专 讘谞讬 拽讘注 讘讛 诪住诪专讜转

There are those who say that Rabbi Elazar asked Rabbi Yo岣nan: 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 Yo岣nan 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.

专讘讬 讬讛讜讚讛 谞砖讬讗讛 专诪讗 讚砖讜专讗 讗讚专讘谞谉 讗诪专 专讬砖 诇拽讬砖 专讘谞谉 诇讗 爪专讬讻讬 谞讟讬专讜转讗 讚讻转讬讘 讗住驻专诐 诪讞讜诇 讬专讘讜谉 讗住驻专诐 诇诪讗谉 讗讬诇讬诪讗 诇爪讚讬拽讬诐 讚谞驻讬砖讬 诪讞诇讗 讛砖转讗 讻讜诇讛讜 讬砖专讗诇 讻转讬讘 讘讛讜 讻讞讜诇 讗砖专 注诇 砖驻转 讛讬诐 爪讚讬拽讬诐 注爪诪诐 诪讞讜诇 讬专讘讜谉

搂 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: 鈥淗ow precious are your dear ones to me, O God鈥If I should count them, they are more in number than the sand鈥 (Psalms 139:17鈥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: 鈥淎s the sand which is upon the seashore鈥 (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?

讗诇讗 讛讻讬 拽讗诪专 讗住驻专诐 诇诪注砖讬讛诐 砖诇 爪讚讬拽讬诐 诪讞讜诇 讬专讘讜谉 讜拽诇 讜讞讜诪专 讜诪讛 讞讜诇 砖诪讜注讟 诪讙讬谉 注诇 讛讬诐 诪注砖讬讛诐 砖诇 爪讚讬拽讬诐 砖讛诐 诪专讜讘讬诐 诇讗 讻诇 砖讻谉 砖诪讙讬谞讬诐 注诇讬讛诐

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.

讻讬 讗转讗 诇拽诪讬讛 讚专讘讬 讬讜讞谞谉 讗诪专 诇讬讛 诪讗讬 讟注诪讗 诇讗 转讬诪讗 诇讬讛 诪讛讗 讗谞讬 讞讜诪讛 讜砖讚讬 讻诪讙讚诇讜转 讗谞讬 讞讜诪讛 讝讜 转讜专讛 讜砖讚讬 讻诪讙讚诇讜转

When Reish Lakish came before Rabbi Yo岣nan and reported the exchange to him, Rabbi Yo岣nan said to him: What is the reason that you did not quote this verse to him: 鈥淚 am a wall and my breasts are like towers鈥 (Song of Songs 8:10), which may be explained as follows: 鈥淚 am a wall鈥; this is referring to the Torah. 鈥淎nd my breasts are like towers鈥;

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