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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Bava Basra 2

BAVA BASRA 2 - dedicated by Dovid and Zahava Rubner of Petach Tikva, l'Iluy Nishmas his mother, Mrs. Seren Rubner (Yahrzeit: 8 Nisan). May the light of the Torah shine in their home and the homes of their children, bringing them joy and success in all their endeavors!

Please note that unless otherwise indicated, we follow the explanation of Rashi or Rashbam. Consequently, our notes and comments do not necessarily have any bearing on the practical Halachah.

***** Perek ha'Shutfin *****


(a) Our Mishnah discusses the Din of partners who want to build a wall to partition their Chatzer.
What is a Chatzer? Where is it to be found?

(b) What does the Tana rule in such a case?

(c) They are obligated to follow local custom as regards which type of wall to build.
What is the difference between ...

  1. ... G'vil and Gazis?
  2. ... K'fisin and Leveinin?
(d) What will the Din therefore be should the wall ultimately collapse?
(a) What does the Tana say about a shared ...
  1. ... vegetable-garden?
  2. ... wheat-field?
(b) What must a partner who wants a wall in between his neighbor's wheat-field and his, do?

(c) What do they do if they both want the partition wall?

(d) What are the two Halachic differences between the last two cases, should the wall subsequently fall down?

(a) What is the advantage of a dividing wall between Reuven's wheat-field and Shimon's vineyard?

(b) What does the Beraisa say about a such a wall that collapsed, and after Shimon had rebuilt it, it fell down again, and although they asked him to repair it, he despaired from doing so?

(c) What do we prove from the Beraisa's choice of the word '*Mechitzas* ha'Kerem"?

(d) Having proved that 'Mechitzah' means a stone-wall, what do we extrapolate from the Tana's use of the word 'ha'Shutfin *she'Ratzu* La'asos Mechitzah'? What principle does this teach us?

Answers to questions



(a) We suggest that perhaps 'Mechitzah' means a partition (halving the Chatzer in two, as in the Pasuk in Matos "Va'tehi Mechtzas ha'Eidah").
How would we then explain the Mishnah? What would the Tana be coming to teach us?

(b) How do we refute this suggestion? What should the Tana rather have said?

(c) We try to counter this by pointing out, that even if 'Mechitzah' means a wall, the Tana should have said 'Bonin Oso' (rather than 'Bonin es ha'Kosel').
How do we refute this Kashya? Why could the Tana not have said 'Oso'?

(d) Having agreed to build a wall, is it not obvious that the two partners must each provide half the space for a wall? Why does the Tana need to tell us this?

(a) How do we reconcile our conclusion (that our Tana holds 'Hezek Re'iyah La'av Sh'meih Hezek') with the continuation of the Mishnah 've'Chein be'Ginah' (see Tosfos)? What does Rebbi Aba Amar Rav Huna Amar Rav say about standing in one's fellow-Jew's vegetable-garden when the vegetables are fully-grown?

(b) If, as we just explained, a wall in a vegetable-garden is more of an obligation than in a Chatzer, why does the Tana then say 've'Chein be'Ginah', implying that they are the same?

(c) And how will we reconcile 'Hezek Re'iyah Lo Sh'meih Hezek' with the Mishnah later 'Kosel Chatzer she'Nafal, Kofin Oso Li'vnos ad Arba Amos'?

(d) The answer seems obvious.
When we asked the Kashya, how did we understand the Tana presented the case of a wall that fell down, rather than the original one (even though the Din is the same in both cases)?

(a) The Mishnah later obligates each member of the Chatzer to pay towards building a small hut and a little door at the side of the main gate (as will be explained there).
What was the purpose of the hut and the side door?

(b) How do we reconcile this with the Tana of our Mishnah, who holds 'Hezek Re'iyah La'av Sh'meih Hezek'?

(c) The Mishnah later implies that if a Chatzer is large enough for each partner to receive four Amos, then one partner can force the other to partition it. If, as we currently hold, 'Hezek Re'iyah La'av Sh'meih Hezek', how will it be partitioned?

(a) The Mishnah later requires a member of the Chatzer who decides to build a wall in his section of the Chatzer, to ensure that it is at least four Amos higher and four Amos lower than all the windows, and four Amos away from them.
Why does it need to be ...
  1. ... four Amos higher?
  2. ... four Amos lower?
  3. ... four Amos away?
(b) How do we reconcile this with our Mishnah which holds 'Hezek Re'iyah La'av Sh'meih Hezek'?

(c) If 'Hezek Re'iyah La'av Sh'meih Hezek', why does Rav Nachman Amar Shmuel require Reuven, the owner of a roof that adjoins Shimon's Chatzer, to build a parapet four Amos high at the edge of his roof?

Answers to questions

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