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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!
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1) [line 1] HA'SHUTAFIN - the partners [who own a courtyard in which their
houses stand]
2a) [line 3] GEVIL - unfinished stones
b) [line 3] GAZIS - finished stones
c) [line 3] KEFISIN - (a) Arichin, i.e. "half-bricks," which are three
Tefachim long and one and a half Tefachim wide. The width of the wall is
comprised of two Kefisin laid side by side with one Tefach of mortar in
between them (RASHI to Bava Basra 3a); (b) Since the word "Kafis" refers to
wood (as in "... v'Chafis me'Etz Ya'anenah." - "[For the stone shall cry out
from the wall,] and the beam from the timber shall answer it." -- Chabakuk
2:11), the wall must be built with planks of wood beneath and above the
Arichin (TOSFOS)
d) [line 4] LEVEININ - bricks that are three Tefachim by three Tefachim
3) [line 11] BIK'AH - a "Sadeh ha'Lavan," i.e. a field of grain (which looks
"white," or which is not shaded from the sunlight) or a field planted with
vegetables, as opposed to a field planted with trees
4) [line 13] CHAZIS - (lit. an edge) a border marker affixed to the top of
the wall. The Amora'im (Daf 4a-b) argue as to whether this means (a) to
build a protrusion at the top of the wall (i) facing outward or (ii) facing
inward; or (b) to spread mortar on the upper outer Amah of the wall
5) [line 17] SAVRUHA - they (the students of the Yeshiva) thought (lit. were
of the opinion)
6) [line 18] GUDA - a wall
7) [line 18] SHE'NIFRETZAH - that was breached; fell down
2b---------------------------------------2b
8) [line 1] NISYA'ESH HEIMENAH - he gave up hope with regard to it (his plan
for fixing the wall)
9) [line 1] HAREI ZEH KIDESH - he has made the produce prohibited as
Kil'ayim (KIL'EI HA'KEREM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Although
the term "Kil'ayim" refers to many different types of forbidden mixtures
(see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains
in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash
ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow
your vineyard with other species, lest the fruit of the seed which you have
sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According
to some Tana'im, even if one finds other crops growing in his vineyard and
does not remove them, he transgresses this prohibition (Makos 21b). One who
intentionally transgresses this prohibition is liable to receive Malkos.
1. Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids
planting any vegetable or grain in a preexisting vineyard, as well as sowing
grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah
rules that the prohibition of Kil'ei ha'Kerem only applies to *sowing* grape
seeds along with wheat *and* barley kernels in the same throw of a hand
(Berachos 22a). According to this view, one who plants grapes, wheat and
barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem
and the prohibition of Kil'ei Zera'im (see Background to Kidushin 39:23a:c;
Tosfos Kidushin 39a DH Lo).
2. It is even prohibited to plant vegetables or grains outside of a vineyard
in close proximity to it. Such plants must be planted at least 6 Tefachim
away from a single grapevine and at least four Amos away from a vineyard. A
wall is considered a sufficient separation such that the vineyard and the
vegetables or grains may be planted next to the wall on either side.
("Vineyard," in this respect, refers to at least five grapevines, planted in
a formation of two parallel rows of two with a fifth vine between (and
behind) the two rows -- see Background to Sotah 43:29). The grapevines and
the vegetables or grains that grow in a vineyard that has been planted with
Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the
Torah states, "Pen *Tikdash* ha'Melei'ah...," which the Gemara translates
as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')"
(Gemara here, RAMBAM Hilchos Kil'ayim 5:7).
3. Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as
with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in
Chutz la'Aretz as well (Kidushin 38b).
10) [line 1] V'CHAYAV (B'ACHRAYUSAH) [B'ACHRAYUSAN] - and he is responsible
for them (for the vegetables or grain of his neighbor that became prohibited
due to his negligence. The Girsa is from the Rome manuscript and refers to
the plants that became prohibited -- DIKDUKEI SOFRIM #7; similarly on Daf 3a
line 8, (B'ACHRAYUSAH) [B'ACHRAYUSAN] -- ibid. #300)
11) [line 3] HEIZEK RE'IYAH LAV SHEMEI HEIZEK - damage that a person causes
to another person's property by gazing [such as loss of privacy] is not
considered damage [that must be reimbursed] (HEIZEK RE'IYAH)
(a) The Amora'im in our Sugya argue whether or not a person can legally
prevent another person from gazing into the first person's property. Those
who maintain that there is such a legal claim ("Heizek Re'iyah Shemei
Heizek") claim that the invasion of privacy caused by such gazing is
tantamount to physical damage, since it prevents the owner from using the
property freely. Therefore, an owner of a courtyard that neighbors on
another person's courtyard (such as two partners who end their partnership
and divide their joint property into two halves, or two brothers who inherit
a field from their father and split it into two halves) can force his
neighbor to assist in the expenses of building a wall to prevent them from
seeing into each other's property. The other opinion maintains that one has
no such legal claim, since the damage is not physically felt, and therefore
the neighbor who desires privacy cannot force his neighbor to join in the
expenses of building the wall.
(b) Other damages caused by gazing which fit into the category of "Heizek
Re'iyah" include gazing at another person's produce and becoming jealous of
it, thereby giving it an "Ayin ha'Ra" by subconciously wishing that his
neighbor's produce had not fared so well.
(c) The Poskim rule that Heizek Re'iyah Shemei Heizek (RAMBAM Hilchos
Shecheinim 2:14, TUR and SHULCHAN ARUCH CM 157:1).
12) [line 4] PELUGTA - separation [of the courtyard]
13) [line 4] "VA'TEHI MECHETZAS HA'EDAH [MIN HA'TZON; SHELOSH ME'OS ELEF
U'SHLOSHIM ELEF SHIV'AS ALAFIM VA'CHAMESH ME'OS.]" - "And the half that
belonged to the congregation [was three hundred thousand and thirty thousand
and seven thousand and five hundred sheep.]" (Bamidbar 31:43) - HaSh-m
commanded Benei Yisrael to avenge His honor by destroying the Midyanim, who
caused Benei Yisrael to sin in the desert before they entered the land of
Kena'an (Bamidbar 25:16-18; 31:1). In the subsequent battle, Benei Yisrael
were victorious, and the soldiers returned with much booty (ibid. 31:7-12).
HaSh-m commanded that the booty should be divided among the soldiers, the
Kohanim, the Leviyim and the rest of the nation, as follows. The soldiers
received half of the booty and gave one five-hundredth to the Kohanim; the
nation received the other half and gave one fiftieth to the Leviyim (ibid.
31:25-47). The verse brought by our Gemara describes the number of sheep
that comprised the half given to the rest of the nation, where the word
"Mechetzas" (related to "Mechitzah" of our Mishnah) connotes dividing
something in half.
14) [line 7] SHE'RATZU LA'CHATZOS - who wanted to divide into half
15) [line 10] BI'MESIFAS B'ALMA - (a) wooden pegs that are driven into the
ground along the borderline, over which or through which one can see
(RASHI); (b) a hollow wall with windows, through which one can see (ARUCH)
16) [line 11] D'KADIM CHAD V'RATZYEI L'CHAVREI - one of them induced the
other to agree [to divide the courtyard]
17a) [line 12] KI ISRATZA'I LACH, B'AVIRA - when I convinced you [to divide
the courtyard, I only intended that my portion would be limited] with regard
to [the minimum] space [necessary for a dividing wall, such as a plank
fence]
b) [line 13] B'SASHMISHTA LO ISRATZA'I LACH - I did not intend to limit
[my property by building anything that would hinder] the use [of my portion]
18) [line 14] (SIMAN GINAH KOSEL KOFIN V'CHOLKIN CHALONOS D'RAV NACHMAN) -
this is a mnemonic device for remembering the proofs or citations that are
brought in connection with the Sugya of Hezeik Re'iyah:
- *Ginah* refers to "v'Chen *b'Ginah*" (line 16)
- *Kosel* refers to "*Kosel* Chatzer she'Nafal..." (line 19)
- *Kofin* refers to "*Kofin* Oso Livnos..." (line 23)
- *v'Cholkin* refers to "Ein *Cholkin* Es he'Chatzer..." (line 25)
- *Chalonos* refers to "*Chalonos* Bein mi'Lema'alah..." (line 29)
- *d'Rav Nachman* refers to "*d'Amar Rav Nachman* Amar Shmuel..." (line 33)
19) [line 18] SHE'HI OMEDES B'KAMOSEHA - when it contains ripened, standing
grain
20) [line 19] A'GEVIL V'GAZIS - ["v'Chen" - "and similarly" does not refer
to the Halachah of Hezeik Re'iyah, but rather] refers to [the requirement of
building a wall out of] unfinished stones or finished stones
21) [line 21] UD'KA'ARI LAH, MAI KA'ARI LAH? - The one who asked this
question, why did he ask it (since the answer is obvious)?
22) [line 23] BEIS SHA'AR - (a) an entryway that is enclosed by a
semicircular wall with a door at one side through which people pass (RASHI),
and which contains a small guardroom next to the gate; (b) a gateway that
may be enclosed by walls on all four sides and covered by a roof (MISHNAH
BERURAH 370:1)
23) [line 31] SHE'LO YATZITZ - so that he not [climb onto his wall, bend
down and] peek [into his neighbor's window]
24) [line 32] SHE'LO YA'AFIL - so that it not block the light [of his
neighbor's window]
25) [line 35] MA'AKEH - a wall or partition [through which one cannot see]
26) [line 36] L'DIDI KEVI'AH LI TASHMISHAI - I use my courtyard constantly
27) [last line] V'LO YADANA B'HAI IDNA SELIKA V'ASIS - and I do not know at
what time you will go up and come out [onto your roof]
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