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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 6


(a) We just asked whether we apply 'Mah Lo Le'shaker' when it clashes with the Chazakah of 'Ein Adam Pore'a Toch Zemano'.
How do we try to resolve this She'eilah from the Reisha of our Mishnah 'be'Chezkas she'Nasan ad she'Yavi Re'ayah she'Lo Nasan'?

(b) How do we refute this proof?

(c) How do we then attempt to resolve the She'eilah from the Seifa of our Mishnah 'be'Chezkas she'Lo Nasan ad she'Yavi Re'ayah she'Nasan'?

(d) How do we refute this proof, too?

(a) Rav Acha B'rei de'Rava tried to resolve our She'eilah from the Mishnah in Shevu'os.
In the case 'Manah Li be'Yadcha, Amar Lo Hein', what does the Tana rule if, on the following day, when the creditor asks for the money, the debtor replies ...
  1. ... 'Nesativ Lach'?
  2. ... 'Ein Lach be'Yadi'?
(b) Rav Acha establishes 'Nesativ Lach' to mean 'Paraticha bi'Zemani'.
How does he try to interpret 'Ein Lach be'Yadi'? What does it prove?

(c) We reject this proof however, by establishing 'Ein Lach be'Yadi' as a denial that he owes him.
What makes this worse than claiming that he paid him be'Toch Zemano?

(a) What does Rav Huna mean when he says 'Samach le'Palga, Samach le'Kula'?

(b) What does Rav Nachman say?

(c) What do we mean when we say that ...

  1. ... Rav Huna concedes to Rav Nachman be'Karna ve'Lufsa'? What is 'Karna ve'Lufsa'?
  2. ... Rav Nachman concedes to Rav Huna be'Afriza u've'Akva'ta di'Keshuri'?
(a) If, in connection with the previous case, *Shimon* raises the height of his wall, leaving ledges in the wall for Reuven to place the ends of his planks, what will Reuven be likely to claim?

(b) On what grounds will we not uphold his claim if he does?

(a) Rav Nachman holds that a Chazakah for small beams is not a Chazakah for large ones, but the other way round, it is.
What does Rav Yosef say?

(b) To what kind of Chazakah are they referring? How long does it take for this Chazakah to take effect?

(c) What is the reason for this?

(d) What must the neighbor claim for the Chazakah to take effect?

(a) How does the second Lashon quote Rav Nachman?

(b) We cite exactly the same Machlokes with regard to Natfi and Shifchi.
What is ...

  1. ... 'Natfi'?
  2. ... 'Shifchi'? Which does the Ba'al ha'Chatzer prefer?
(c) In this case too, there is a second Lashon. And again, Rav Nachman holds like Rav Yosef in the first, only he adds 'Aval li'Tzerifa de'Urvena, Lo'. What does he mean by that? What is s Tzerifa de'Urvena?

(d) What does Rav Yosef say to that?

Answers to questions



(a) Rav Nachman Amar Rabah bar Avhuhah permits someone who rents a room in a large house to use any projectiles on the outside of the house, and the thickness of the walls, up to four Amos.
What is the significance ...
  1. ... of the four Amos?
  2. ... the thickness of the wall? Which part of the house must he have rented?
(b) Rabah bar Avuhah does not however, permit the tenant to use the wall next to Tarbatz Apadni.
What is 'Tarbatz Apadni'?

(c) Rav Nachman himself permits the that too, though he concedes that the tenant has no rights to the Rechavah she'Achorei ha'Batim.
What is the 'Rechavah she'Achorei ha'Batim'?

(d) What does Rava say?

(a) Ravina rules that the Keshura di'Metalelasa (beams that Reuven leans against Shimon's wall for shade) is a Chazakah only after thirty days.
Why not straightway (like the previous cases)?

(b) In which case will it be considered a Chazakah ...

  1. ... already after seven days?
  2. ... straightway?
(a) What does Abaye obligate Reuven and Shimon, who live on opposite sides of the street, to do?

(b) Why specifically 'on opposite sides of the street'? Will the Din differ if they live next to each other in a Reshus ha'Yachid?

(c) Shimon can present three reasons why Reuven bothers him more than the B'nei Reshus-ha'Rabim. One of them is because the B'nei Reshus-ha'Rabim can only with difficulty, whereas Reuven can watch him with ease.
What are the other two reasons?

(d) Why does Abaye need to teach us that both Reuven and Shimon must each build half the Ma'akeh? Is that not obvious?

(e) How does Reuven counter Shimon's claim?

(a) Rav Nachman Amar Shmuel requires a Ma'akeh of four Amos to divide between Reuven's roof and Shimon's adjoining Chatzer.
What does he say about Reuven's roof that adjoins Shimon's?

(b) Rav Nachman himself requires a partition of ten Tefachim. We have a problem with this Shiur however.
How high do we initially expect the Mechitzah to be to avoid ...

  1. ... Hezek Re'iyah?
  2. ... the possibility of either of them slipping across to steal?
  3. ... the goats belonging to either one from skipping across to the other's roof?
(c) Then on what basis does Rav Nachman require a Mechitzah of ten Tefachim?

(d) How will Rav Nachman then explain the Beraisa 'Im Hayah Chatzero Gavohah mi'Gago shel Chavero, Ein Nizkakin Lo'?

(a) According to Rav Huna, if Reuven's Chatzer is higher than Shimon's, Shimon builds the wall up to Reuven's Chatzer (see Tosfos DH 'Sh'tei'), and Reuven builds four Amos from there upwards into his Chatzer.
What does Rav Chisda say?

(b) On what grounds do we rule like Rav Chisda?

(c) What does the Beraisa add with regard to a case where Reuven's Chatzer is higher than Shimon's roof?

(a) What happened in the case where Reuven lived in the ground-floor apartment, and Shimon in the upstairs one? What was Reuven's request of Shimon?

(b) What did Shimon reply initially?

(c) And what did he reply when Reuven ...

  1. ... asked for permission to demolish the building and build a new one?
  2. ... even offered to rent him somewhere to live in the interim?
(d) Rav Chama upheld Shimon's argument.
Under which circumstances could Reuven have forced Shimon's hand?
Answers to questions

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