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Bava Metzia 101

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Regarding the Din of 'Shataf Nahar Zeisav' in our Mishnah, Ula Amar Resh Lakish requires two conditions for the owner of the field to take half the oil. One of them is that the tree is uprooted together with the earth in which it grew.
What is the other?

(b) Why is it important for ...

  1. ... the tree to have been uprooted together with the earth (see Tosfos)?
  2. ... for three years to have elapsed ... ?
(c) On what grounds do we refute this argument? What could the owner of the field counter (see Tosfos DH 've'Leima Lei')?
(a) So we re-establish Resh Lakish's Chidush as taught by Ravin when he came from Eretz Yisrael.
In which case did Resh Lakish establish our Mishnah?

(b) On what grounds does he now maintain that after three years, all the oil goes to the owner of the field?

(c) Why can the latter not counter this argument by reminding the owner of the field that, had he done so, he would not have been able to benefit from it anyway for another three years (and consequently, he only left his trees in his field on the understanding that he [the owner of the trees] would be able to share the benefits with him after the three years had elapsed)?

(d) What reason does Rebbi Yochanan give for the Beraisa prohibiting the owner of the trees to take them back? What did Rebbi Yirmiyah comment on Rebbi Yochanan's explanation?

(a) The Mishnah in D'mai cites Rebbi Yehudah: 'ha'Mekabel S'deh Avosav min ha'Nochri, Me'aser ve'Nosen Lo'.
What is the difference between a Mekabel and a Choker?

(b) What does 'Me'aser ve'Nosen Lo' mean?

(c) We initially think that by 'Avosav', the Tana means Eretz Yisrael.
Why does he refer to Eretz Yisrael in this way?

(d) Our initial understanding of the Mishnah is built on two additional other premises. One of them is 'Ein Kinyan le'Nochri be'Eretz Yisrael Lehafki'a mi'Yedei Ma'aser', the other, 'Mekabel ke'Choker Dami'.
What does this mean? What is then the reason for the obligation to Ma'aser the crops before giving the Nochri his half?

(a) What does Rebbi Yehudah say in a Beraisa about 'ha'Mekabel S'deh Avosav mi'Meitzik Nochri'? What is a Meitzik?

(b) What did Rav Kahana ask Rav Papi or Rav Z'vid on this, based on our interpretation of the Mishnah in D'mai?

(c) We therefore conclude 'Yesh Kinyan le'Nochri ... '.
Bearing in mind that the Mishnah in D'mai too, must also pertain to a Nochri Meitzik, how do we now interpret 'S'deh Avosav'?

(d) Why is the Yisrael now obligated to Ma'aser the entire field? Why specifically the heir and not anybody else?

(a) What is the significance of the statement 'u'Mekabel La'av ke'Choker Dami'?

(b) Rebbi Yirmiyah made the same comment as in the previous statement of Rebbi Yochanan.
What reason did Rebbi Yochanan ascribe to the penalty imposed by the Chachamim on the heir?

(c) In a case where Reuven plants trees in Shimon's field without his consent, Rav rules 'Shamin Lo ve'Yado al ha'Tachtonah'.
What does he mean by that?

(d) What does Shmuel say?

(a) Rav Papa reconciles the two opinions in a way that they do not argue, by establishing that they are speaking in different cases.
What is the case, according to ...
  1. ... Rav?
  2. ... Shmuel?
(b) We know of Rav's opinion from a case that came before him, where Reuven planted trees in Shimon's field without Shimon's consent.
What did Rav rule ...
  1. ... initially?
  2. ... when Shimon refused to pay in full?
(c) On what grounds did Shimon refuse even Rav's second ruling ('Shum Lei, ve'Yado al ha'Tachtonah'?

(d) What was Rav's final ruling? What caused him to arrive at that conclusion?

(a) If Reuven enters Shimon's ruins and builds a house there without Shimon's consent, Rav Nachman permits him to demolish the house and take back his wood and bricks, should he so wish.
What does Rav Sheishes say?

(b) According to Raban Shimon ben Gamliel in a Beraisa, this a dispute between Beis Shamai and Beis Hillel.
How will Rav Nachman explain his ruling, which appears to coincide with that of Beis Shamai?

(c) We finally cite the opinion of Rebbi Yochanan. What compromise does he make by drawing a distinction between a house in a ruin and trees in a field?

(d) Some ascribe this to Yishuv Eretz Yisrael (which applies more to trees than to houses - see Rashash), others because he needs to compensate the owner of the field for sapping the strength from his land.
What are the ramifications of the two explanations?

Answers to questions



(a) The Tana of our Mishnah forbids the owner of a rented house to evict tenants who rented in winter, between Succos and Pesach.
What does he say about tenants who rented it in summer?

(b) And what does he say in a case where the tenants rented ...

  1. ... the house in a large city? Why is that?
  2. ... a store wherever it is? Why is that?
(c) And what does Raban Shimon ben Gamliel say about someone who rents a bakery or a store for dyeing clothes?

(d) On what grounds do we query the Mishnah's distinction between someone who rents a house for the winter and one who rents for the summer, assuming the reason that he cannot evict him until after Pesach to be because...

  1. ... when a person rents a house for the winter, he means the entire winter)? What ought the Din to be in the former case?
  2. ... it is difficult to find alternative accommodation in the winter? What is then the problem with the Seifa 'u'vi'Kerachim ... '?
(e) If not for the Kashya from the the Seifa, how would we then explain the Seifa 'bi'Yemos ha'Chamah, Sheloshim Yom'? How would we then be speaking?
(a) Rav Yehudah finally establishes our Mishnah with regard to the obligation to give notice.
How will we now explain the Reisha of the Mishnah 'ha'Maskir Bayis la'Chavero S'tam ... Eino Yachol Le'hotzi'o bi'Yemos ha'Geshamim me'Chag ve'Ad Pesach, bi'Yemos ha'Chamah Sheloshim Yom'?

(b) What will then be the equivalent Din ...

  1. ... in the summer?
  2. ... in large cities?
(c) And what will be the Din if it is the hirer who is retracting?

(d) What does Rav Asi mean when he says that if one day of winter has passed, the owner may no longer ask him to leave?

(a) On what grounds did Rav Nachman object to Rav Huna's statement permitting the owner to raise the rent?

(b) What did Rav Huna retort?

(c) What will be the Halachah if ...

  1. ... the owner's house fell down, and he wants to evict the hirer, because he has nowhere else to live?
  2. ... the owner sold, bequeathed or gave the rented house to somebody else, who now claims the right to live in it?
  3. ... the owner just married off his son, and now needs the rented house for his newly-wedded son?
(a) What did that man do when ...
  1. ... the woman he asked for storage space for a boat-load of wine turned him down?
  2. ... after he had married her, she lent him a courtyard to store his wine?
(b) How did the woman react to that? With what did she pay the porters?

(c) What did Rav Huna Brei de'Rav Yehoshua comment about her actions?

(d) What would he have commented had the courtyard been designated for rent?

(a) Our Mishnah obligates the owner to fix the door, the bolt and the lock.
What sort of things must be fixed by ...
  1. ... the owner?
  2. ... the hirer?
(b) If the animal droppings (which will be explained in the Sugya) belongs to the owner, what may the hirer take?

(c) What additional three things does the Tana of the Beraisa obligate the owner to fix, over and above the doors, which is already included in the three things listed in our Mishnah?

(d) And he lists four things that the hirer must fix himself, two of them, the ladder (to ascend to the attic) and the parapet around the roof.
What are the other two?

(a) With regard to putting up the Mezuzah, what did Rav Mesharshaya learn from the word in Va'eschanan "u'Chesavtam al Mezuzos *Beisecha*"?

(b) Then what did they mean, when they asked Rav Sheishes 'Mezuzah al Mi'?

(c) What did he reply?

(d) Considering that carving a space for a Mezuzah in a stone door-post is a specialized job, why does Rav Sheishes take for granted that Makom Mezuzah is a task that a layman can perform?

Answers to questions

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