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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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.


(a) We learned in our Mishnah that a full-length pipe is subject to Chazakah.
What problem do we have with this, according to Rebbi Yirmiyah bar Aba, who explains that 'Marzev Ein Lo Chazakah' refers to building underneath it?

(b) Why is there no problem according to Shmuel and Rebbi Chanina' interpretation of 'Marzev Ein Lo Chazakah'?

(c) We answer that the Tana is talking about a pipe that is built in the form of a building.
So what if it is? How will the owner's building affect his pipe?

(d) Perhaps a Marzev is different because it is not sufficiently important to prevent the owner from building underneath it, even if it will cause it to fall down.
How else might we explain the difference between a Marzev and a Mazchilah in this regard?

(a) What does Rav Yehudah Amar Shmuel say about a pipe from which water flows from Reuven's roof into Shimon's Chatzer, and Reuven wants to dismantle it?

(b) Why is that?

(a) They asked the same She'eilah to Rebbi Oshaya, to Rebbi Chama and then to Rebbi Biysa.
What did Rebbi Oshaya and Rebbi Biysa reply?

(b) And what did Rebbi Chama say?

(c) Why did they quote the Pasuk in Koheles "ve'ha'Chut he'Meshulash Lo bi'Meheirah Yinasek"? To whom were they referring?

(a) How does de'Bei Rebbi Yanai define a Sulam ha'Mitzri? What is the maximum number of rungs it can have?

(b) Why does the Tana define an Egyptian window, but not an Egyptian ladder?

(a) Rebbi Zeira restricts the Chazakah on a Chalon Tzuri (in our Mishnah) to one that is within four Amos from the ground.
What are the ramifications of the *** Mishnah's ruling as regards ...
  1. ... the owner of the Chatzer?
  2. ... a Machzik who comes to open such a window?
(b) And what does Rebbi Zeira mean when he adds 've'Yachol Li'mchos'?

(c) What does Rebbi Ila'a say? In which point does he disagree with de'Bei Rebbi Yanai?

(d) We suggest that they argue over 'Kofin Oso al Midas S'dom'.
How will this explain their Machlokes?

(a) We conclude however, that both opinions hold 'Kofin al Midas S'dom'. Then why does Rebbi Ila'a allow the owner of the Chatzer to protest?

(b) On what grounds does Rebbi Zeira disagree with Rebbi Ila'a?

(c) A case came before Rebbi Ami of someone who wanted to open such a window above the height of four Amos from the ground.
What did Rebbi Aba (to whom Rebbi Ami sent the litigants) rule?

(d) We have already discussed the opinion of Shmuel (though not by name) that if the window is to provide light, then even a Chalon ha'Mitzris is subject to a Chazakah.
Why is that?

Answers to questions



(a) What is a 'Ziz'?

(b) What distinction does the Mishnah make between a Ziz which is at least a Tefach wide and one which is less, with regard to ...

  1. ... a Chazakah?
  2. ... Mecha'ah?
(c) What sort of damage are we concerned with in the case of a ledge a Tefach wide?
(a) How does Abaye interpret Rebbi Asi (or Rebbi Ya'akov) Amar Rebbi Mani's statement 'Hichzik be'Tefach, Hichzik be'Arba'ah'?

(b) What is the reason for this?

(c) What will be the Din if the Machzik made a Chazakah on a Ziz one Tefach wide by ...

  1. ... ten Tefachim along the wall?
  2. ... three Tefachim along the wall?
(a) 'Pachos mi'Tefach, Eino Yachol Li'mchos', we learned in our Mishnah. Rav Huna confines this prohibition to the owner of the ledge. This might mean that the Machzik cannot stop the owner of the Chatzer from building ledges on his wall.
What else might the Tana mean?

(b) Why according to Rav Huna, can the owner stop the Machzik from fixing the ledge to his wall?

(c) Rav Yehudah is of the opinion that 'Eino Yachol Li'mchos' cuts both ways.
Is this because he holds 'Hezek Re'iyah Lo Sh'meih Hezek'?

(d) How does Rav Huna counter this?

(a) What does our Mishnah say about opening new windows overlooking the public Chatzer of which one is a joint owner?

(b) And why, if he purchased a room in an adjoining Chatzer or if he built an attic above his house, is he forbidden to build a door that opens from it directly into the Chatzer which he still owns jointly?

(c) On what grounds does the Tana permit this if he builds one room next to the other or an attic on top of his house, provided his guests enter the Chatzer via his house, and not directly?

(a) What problem do we have with our Mishnah teaching us the prohibition of opening new windows overlooking the public Chatzer which he owns jointly?

(b) We answer that the Chidush is greater in the case of a public Chatzer than of a private one.
Why is that?

(c) Considering that one has to hide from the other residents anyway, why indeed is it forbidden to open a new window?

(a) When a resident opened windows on to the Chatzer, on what grounds did Rebbi Yishmael b'Rebbi Yossi declare that he had a Chazakah?

(b) What did Rebbi Chiya rule?

(c) What does Rav Nachman say about a case where after three years, Shimon seals the window that Reuven opened, and Reuven remains silent?

(a) What problem do we have with our Mishnah, which permits building one room next to the other or an attic on top of his house (despite the fact that his guests enter the Chatzer via his house, and not directly)?

(b) How does Rav Huna explain the extra room and the attic, to resolve the problem?

(c) How does this alleviate the problem?

Answers to questions

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