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 Kama 81
1) CONDITIONS OF INHERITING ERETZ YISRAEL
(a) (Beraisa): Yehoshua made the inheritance of Eretz Yisrael
conditional on the following 10 laws (we shall later
explain why there are only 10):
2) THINGS THAT MAY BE TAKEN
1. People may graze animals in forests;
(b) (Rav Papa): 'People may graze animals in forests' - only
small animals (i.e sheep) may graze in large forests (for
this will not consume too many of the trees); it is not
permitted for large animals(i.e. cattle), nor for small
2. People may collect wood from (others') fields;
3. People may take grasses from anywhere, except for a
field of clover;
4. In all places, people may cut branches to plant them
as new trees, except for stumps of olive trees;
5. Local city dwellers have first right to take water
from a new spring;
6. People may fish (with hooks on strings) in the lake
of Teveryah, but they may not build traps, for these
interfere with boats;
7. People may relieve themselves in back of a fence,
even in a field of saffron.
8. After crops are gathered from a field until it is
plowed (for next year's crop), people may walk
through it, until the time of the second rainfall;
9. People may walk on the side of the road (on the
border of others' property), to avoid hardened
clumps of dirt in the middle;
10. One lost in a vineyard may cut vines until he finds
his way to the road;
11. A corpse that is found is buried where it is found.
(c) (Beraisa): People may take wood from (others') fields.
1. Only thorny weeds may be taken, not other wood; one
may only take from what is growing, not from what
was already cut; one may only take from moist trees,
not from dry trees;
2. One may not uproot the trees (rather, he must leave
(a) (Beraisa): People may take grass from anywhere, except
from a field of clover.
1. This suggests that grass helps clover.
(b) Contradiction (Mishnah): Clover that sprouted with
grasses - we do not force him to uproot so as not to
transgress the prohibition of Kilayim (for surely he will
eventually uproot the grasses since they harm clover).
(c) Answer #1 (R. Yirmeyah): That Mishnah is when one intends
to replant the clover - grass is detrimental, it weakens
1. The Beraisa is when he intends to eat the stalks -
it grows better when it is drapes over grass.
(d) Answer #2: Normally, grass is detrimental for clover; the
Beraisa is when the clover was planted for animals,
presumably the owner wants the grass for his animals.
(e) Question: How do we know for which it was planted?
(f) Answer (Rav Papa): If it is in patches, it is for man; if
not, it is for animals.
(g) (Beraisa): In all places, people may cut branches to
plant them as new trees, except for stumps of olive
(h) (R. Tanchum and R. Beryas): By olive saplings, one must
leave a stump the size of an egg; by reeds and vines, one
may only cut above the highest bulge;
1. By all other trees, one may only cut the soft
branches, not the thick ones. (Others explain - one
may only cut (in the middle) where there are many
branches, not the pinnacle.
2. One may only cut new trees that do not yet yield
fruit, not from mature trees that bear fruit.
3. One may only cut from the part that does not see the
sun - "From the sweet produce of the sun".
(i) (Beraisa): Local city dwellers have first right to take
water from a new spring...
3) PERMISSION TO USE OTHERS' PROPERTY
1. (Rabah bar Rav Huna): They must pay the one from
whose property it emanates.
(j) (Beraisa): People may fish (with hooks on strings) in the
lake of Teveryah, but they may not build traps, for these
interfere with boats.
2. The law is not as Rabah bar Rav Huna.
(k) (Beraisa): At first, the tribes stipulated with each
other that one may not spread large nets, which can
interfere with river traffic, but one may hunt fish with
small nets or traps.
(l) (Beraisa): The lake of Teveryah was in Naftali's portion;
Naftali also received an area to spread traps in the
south, to fulfill "Inherit the sea and the south".
(m) (Beraisa - R. Shimon ben Elazar): Uprooted trees (Me'iri
- everything detached) in the mountains belong to all the
tribes; what is attached belongs to the tribe in which it
1. Every tribe received in the mountain, lowland, dry
land and valley - "...Come to the land of the Emori
and its neighbors, in the plain, mountain, lowland,
dry land and seashore".
2. Also the land we took from the Kena'anim and Perizim
was like this - "Emori and its neighbors", all were
(a) (Beraisa): People may relieve themselves in back of a
fence, even in a field of saffron.
4) OTHER ENACTMENTS
(b) (Rav Acha bar Yakov): The only Chidush is that one may
take a stone from the fence.
(c) (Rav Chisda): This is permitted even on Shabbos.
1. Mar Zutra the Chasid would replace the stone; he
told his servant to plaster it well.
(d) (Beraisa): After crops are gathered from a field until it
is plowed (for next year's crop), people may walk through
it, until the time of the second rainfall.
(e) (Rav Papa): In Bavel, walking on a field harms it (and is
forbidden) even after dew fell the previous night.
(f) (Beraisa): People may walk on the side of the road (on
the border of others' property), to avoid hardened clumps
of dirt in the middle.
(g) Shmuel and Rav Yehudah were walking on a road (in Bavel);
Shmuel went to the side.
1. Rav Yehudah: Do Yehoshua's enactments also apply in
(h) Rav and R. Chiya were walking on the road; they went to
the side. Rav Yehudah bar Kenosa was ahead of them,
walking in the middle, taking big steps to avoid the
2. Shmuel: Yes, they were also for Chutz la'Aretz.
1. Rav: Who is that - that is haughtiness, not to rely
on Yehoshua's stipulations!
(i) (Beraisa): One lost in a vineyard may cut vines until he
finds his way to the road.
2. R. Chiya: Perhaps it is my Talmid Rav Yehudah bar
Kenosa - all his actions are for the sake of Heaven.
i. R. Chiya found that this was so. He told Rav
Yehudah - anyone else that did this would be
excommunicated for haughtiness.
(j) (Beraisa): Reuven saw Shimon lost in a vineyard; Reuven
may cut vines until he helps Shimon find his way.
1. Similarly, if Reuven is lost he may cut vines until
he finds his way.
(k) Question: Why is this listed as an enactment of Yehoshua
- it is mid'Oraisa!
2. Question: What is the Chidush of the second clause?
3. Answer: One might have thought, we only allow one to
cut vines if he knows the way - otherwise, one must
backtrack without cutting vines.
1. (Beraisa): "You will return him" - it is a Mitzvah
to help one who is lost to find his way.
(l) Answer: Mid'Oraisa, one may not harm another's property
to help him; Yehoshua enacted that he may cut vines for
(m) (Beraisa): A corpse that is found is buried in that
(n) Contradiction (Beraisa): A corpse that is found on a
public road - it is buried to the right or left side of
the road, whichever place will cause less loss.
1. There is less loss in an unplowed field than in a
plowed field; there is less loss in a plowed field
than in a seeded field.
(o) Answer (Rav Bivi): The case is, the corpse lies on the
width of the road - we do not bury it there, for then
people that pass would become Tamei;
2. If both sides are similar, the corpse may be buried
in either side.
1. Since we cannot bury it in his place, we are allowed
to move it anywhere.
(a) Question: The Beraisa said there were 10 enactments, but
it listed 11!
(b) Answer: The enactment that people may walk through a
field after the crops have been gathered (until it is
plowed) was enacted by Shlomo.
1. (Beraisa): Reuven gathered his crops, and does not
allow people to walk through his field - there is no
justification for this, they would not harm his
(c) Question: But Yehoshua made other enactments!
i. On this it is said 'In place of being good, do
not be called evil'.
ii. Question: There is no such verse!
iii. Answer: This is the meaning of "Do not withhold
doing good for someone; if you have the
ability, do it."
1. (Beraisa - R. Yehudah): When people normally put
dung out a person may put dung in the public domain
for 30 days so people and animals will trample on it
- Yehoshua made this a condition for inheriting
(d) Answer: Our Tana only lists stipulations that all agree
to; only 1 Tana holds of the above enactments.
2. (Beraisa - R. Yishmael son of Rebbi Yochanan ben
Berokah): Yehoshua made the inheritance of Eretz
Yisrael conditional on these 3 enactments:
i. If Reuven's bees settled on a branch in
Shimon's field, Reuven may cut off the branch
to retrieve his bees and pay for the branch;
ii. (Reuven was carrying a barrel of honey and it
broke; Shimon was carrying a barrel of wine,
which is cheaper than honey.) Shimon should
spill out his wine to save the honey; Reuven
pays him the value of his wine.
iii. (Reuven's donkey, which was carrying flax,
died; Shimon's donkey was carrying wood, which
is cheaper than flax.) Shimon should dump his
wood and load the flax on his donkey; Reuven
pays him the value of his wood.
(e) Question: But Ravin taught, if the foliage of Reuven's
tree extends into Shimon's field or Reuven's tree is
planted on the border of Shimon's field, Reuven may bring
Bikurim and recite ("...The land that you (Hash-m) gave
to me...", even though it did not (fully) grow in
Reuven's land) - Yehoshua made the inheritance of Eretz
Yisrael conditional on this enactment.
(f) Answer: Indeed, the teaching about Yehoshua's 10
enactments is not a Beraisa, rather a teaching of R.
Yehoshua ben Levi - R. Yochanan argues on R. Yehoshua ben
1. Rav Gaviha recited this teaching in R. Yehoshua ben