POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 59
BAVA BASRA 59 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel
David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as
Hashem.' Dedicated by her son.
1) CHAZAKAH FOR A GUTTERPIPE (cont.)
(a) Question (Mishnah): One gets a Chazakah for a Mazchilah.
2) CHAZAKAH FOR LADDER AND WINDOWS
1. We understand according to the first two opinions
(the neighbor cannot ask him to alter the
(b) Answer: The case is, it is a stone Mazchilah; building
underneath it might make it break.
2. According to R. Yirmeyah, why can't the neighbor
build on his property under the Mazchilah?!
(c) (Rav Yehudah and R. Oshaya): If Reuven's pipe drips water
into Shimon's Chatzer, Reuven may not close it;
1. Just as Reuven acquired the right to have water from
his roof drip there, Shimon acquired the right to
receive the water.
(d) (R. Chama): Reuven may close it.
(e) R. Bisa settled the issue - he may not close it.
1. "Veha'Chut ha'Meshulash Lo vi'Mherah Yinasek" - R.
Oshaya was the son of R. Chama, who was the son of
R. Bisa (after three generations of Chachamim, Torah
will never leave the family).
(a) (Mishnah): One does not get a Chazakah for a Mitzri
3) CHAZAKAH OF A LEDGE
(b) Question: What is considered a Miztri ladder?
(c) Answer (D'vei R. Yanai): One with less than four rungs.
(d) (Mishnah): One does not get a Chazakah for a Mitzri
(e) Question: Why did the Mishnah explain what is a Mitzri
window, but not regarding a Mitzri ladder?
(f) Answer: The Tana had to explain the window, to teach R.
(g) (R. Zeira): If Reuven's (Rashbam - Tzuri; R. Tam -
Miztri) window is less than four Amos above the ground,
he gets a Chazakah, the neighbor can protest (before
Reuven gets a Chazakah);
1. If it is more than four Amos above the ground, he
does not get a Chazakah, the neighbor cannot
(h) (R. Ila'i): Even if it is higher than four Amos, he gets
a Chazakah, the neighbor can protest.
(i) Suggestion: They argue whether or not Kofin Al Midas
Sedom (we force a person to let another person benefit,
if he himself will not lose): R. Zeira holds that we
force, R. Ila'i holds that we do not.
(j) Rejection: No, all agree that Kofin Al Midas Sedom;
1. This case is different, for sometimes Reuven stands
on a bench and sees through the window.
(k) Levi came before R. Ami (to request to build a window
above four Amos, against his neighbor's protest); R. Ami
sent him to R. Aba bar Mamal, and instructed R. Aba to
forbid him, like R. Ila'i.
(l) (Shmuel): A window made for light (is surely meant to be
permanent), it gets a Chazakah regardless of its size.
(a) Version #1 - Rashbam, Tosfos - (Mishnah): A ledge
extending from Reuven's wall into Shimon's Chatzer: if it
is at least a Tefach, it gets a Chazakah (after three
years), and he can protest (Shimon, within three years;
Tosfos - and after three years, Reuven can protest to
stop Shimon from using it).
(b) Version #2 - Rambam - (Mishnah): A ledge extending from
Reuven's wall into Shimon's Chatzer: if it is at least a
Tefach, it gets a Chazakah (if Shimon does not protest
immediately), and he can protest (Reuven can stop Shimon
from building under it within 10 Tefachim.
4) OPENING INTO A JOINTLY OWNED CHATZER
1. If it is less than a Tefach, it does not get a
Chazakah, he cannot protest.
(c) (Gemara - R. Asi): If Reuven got a Chazakah for a Tefach,
this is a Chazakah for four.
(d) Question: What does this mean?
(e) Answer (Abaye): If Reuven got a Chazakah for a ledge a
Tefach wide for the length of at least four Tefachim,
this is a Chazakah to widen the ledge to four Tefachim.
(f) (Mishnah): If it is less than a Tefach, it does not get a
Chazakah, he cannot protest.
(g) (Rav Huna): This means, Reuven cannot protest if Shimon
wants to hang things from it (because this does not
damage Reuven, Shimon can always demand that Reuven
remove the ledge), but Shimon can protest against Reuven
(h) (Rav Yehudah): Also Shimon cannot protest.
(i) Suggestion: They argue whether loss of privacy is
(j) Rejection: No, all agree that it is considered damage;
1. Rav Yehudah says that Reuven can say, it is only
useful for hanging things - I will look the other
2. Rav Huna says, Shimon can object, you could always
look and claim that you were afraid of falling.
(a) (Mishnah): Reuven may not open a window into a jointly
(b) If he bought a house in another Chatzer, he may not make
an entrance to the (joint) Chatzer;
(c) If he built a second story onto his house, he may not
make an entrance to the Chatzer;
1. He may add an interior room or a second story onto
his house, and make the entrance to his house.
(d) (Gemara) Question: Why does the Mishnah teach (the first)
law regarding a jointly owned Chatzer - the same applies
to a private Chatzer!
(e) Answer: The Mishnah teaches a bigger Chidush:
(f) Not only can he not open to a private Chatzer, but even
to a Chatzer in which he is a partner;
1. One might have thought, he can tell them, even
without the window you do not have privacy;
(g) (Beraisa): A case occurred, Reuven opened a window into a
2. The Mishnah teaches, this is not so - the window
decreases their privacy even in their houses.
1. R. Yishmael b'Rebbi Yosi: This makes a Chazakah.
(h) (Rav Nachman): If Shimon built a wall blocking light from
entering Levi's window (even if the window was there for
three years), Shimon is immediately Muchzak;
2. R. Chiya: You must close the window (if they object,
since you do not yet have three years of Chazakah).
1. If Levi was truly Muchzak in his window, he would
never allow someone to block it.