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1) ONE NEED NOT SUFFER TO HELP ANOTHER

(a) Reuven lived in the upper story of a house, Shimon lived on bottom. The walls sunk - Shimon suggested that they rebuild the house.

1. Reuven: I have no problem!
2. Shimon: I will destroy it and rebuild it myself.
3. Reuven: No - I would have no place to live in the meantime!
4. Shimon: I will rent a place for you.
5. Reuven: I don't want the bother of moving - if you bend down, you can use your house!

(b) (Rav Chama): Reuven's claim is accepted.

1. This is only if the roof is at least 10 Tefachim above the ground - if not, Reuven is occupying Shimon's domain.
2. This is only if they did not stipulate from the beginning (that if the wall falls, they must rebuild it).

(c) Question: If they had stipulated - how high do they rebuild it?
(d) Answer #1 (Mar Zutra brei d'Rav Nachman citing Rav Nachman): As a Mishnah teaches (regarding one who is contracted to build a house) - half the combined length and width of the house.
(e) Answer #2 (Rava citing Rav Nachman): As people normally live.
(f) Question: How much is that?
(g) Answer: In order that Shimon can enter with a load of long reeds and turn around.
(h) Levi was building a wall in back of Yehudah's window; Yehudah complained that this blocks his light.

1. Levi: I will seal your window and make a window for you above my wall.
2. Yehudah: No - that would weaken my wall.
3. Levi: I will destroy the top of your wall (until the window), and rebuild it with a window above my wall.
4. Yehudah: No - a half-new, half-old wall is not sturdy.
5. Levi: I will destroy the entire wall, and rebuild it with a window above my wall.
6. Yehudah: No - a house with a new wall and old walls is not sturdy.
7. Levi: I will destroy your house, and rebuild it.
8. Yehudah: No - I would have no place to live in the meantime!
9. Levi: I will rent a place for you.
10. Yehudah: I don't want the bother of moving!

(i) (Rav Chama): Yehudah's claim is accepted.
(j) Question: This is just like the previous case (why do we need to hear both)?
(k) Answer: Even if Yehudah only uses his house for storing straw and wood, his claim is accepted.
(l) Reuven and Shimon divided property; Reuven took a nice hall (that is open on one side), Shimon took the garden next to it, and he started building a wall in between.

1. Reuven: This will block my light!
2. Shimon: I am building on my own property!

(m) (Rav Chama): Shimon's claim is accepted.

(a) Question (Ravina): Why is this different than the following?

1. (Beraisa): Levi and Yehudah divided an inheritance; Levi took a vineyard, Yehudah took a grain field.

i. Levi is allowed to enter four Amos into Yehudah's field (to tend to his vines), this is an understood condition of the division.

(b) Answer (Rav Ashi): That is when Levi compensated Yehudah for the amount that a vineyard is worth more than a grain field.
(c) Question: This implies that Shimon did not get compensated - is he a fool, he gave up a hall and took a garden without compensation?!
(d) Answer: He was compensated for the extra bricks and beams that Reuven took, there was no compensation for rights to air and light.
(e) Question: Why can't Reuven say, I compensated you on condition to receive a nice hall, not a dark room!
(f) Answer (Rav Simi bar Aba): It is still called a hall, even if it is unlike standard halls.

1. (Beraisa): Levi said to Yehudah 'I sell you a Beis Kor (the area of land in which a Kor of seed is planted) of dirt (i.e. the entire area is farmable)' - if people call it a Beis Kor, the sale stands, even if the area is only half of that;

i. This is because he sold a field called a Beis Kor.

2. 'I sell you a vineyard (or an orchard)' - if people call it that, the sale stands, even if has no vines (or trees) (as above);

(g) Rejection: That is different!

1. There, the seller can say, I sold you something called a Beis Kor (or vineyard...) - here, Reuven can say, I took the hall on condition to live in it as our fathers did!

(h) Myn: Rav Chama holds like the Chachamim of Neharda'a.

1. (Rav Nachman): Brothers who split an inheritance - neither has any of the following rights: (the other should not be allowed to block light from his) windows, to fix a ladder in the Chatzer (to get to an upper story), to dig a trench through the other's field so that water will flow from the irrigation ditch.
2. (Rava): Brothers have such rights.

(i) Orphans had a loan document (of their father); a receipt said that it was paid.
(j) Rav Chama: We do not let the orphans collect, nor do we tear their document.

1. They do not collect, perhaps it really was paid;
2. We do not tear their document, perhaps when they grow up they will show that the receipt is invalid.

(k) Question (Rav Acha brei d'Rava): Whom does the Halachah follow?
(l) Answer #1 (Ravina): The Halachah follows Rav Chama in all the above laws, except for the case of the receipt;

1. We do not suspect that witnesses would sign a false receipt.

(m) Answer #2 (Mar Zutra brei d'Rav Mari): Also here the Halachah follows Rav Chama - if it was a good receipt, it should have been seen in the father's lifetime!

1. Since it was not seen before, we suspect it was forged.

(a) (Mishnah): Members of a Chatzer can force each other to build a Beis Sha'ar (a place for a watchman to stay, and to stop people from looking into the Chatzer) and a door for the Chatzer;
(b) R. Shimon ben Gamliel says, some Chatzeros are not fitting for a Beis Sha'ar.
(c) People of a city can force each other to build a wall with a door and bolt (to lock it);
(d) R. Shimon ben Gamliel says, some cities are not fitting for a wall.
(e) Someone who has lived in the city 12 months is considered a resident (and must contribute to city projects);

1. If he bought a dwelling, he is immediately considered a resident.

(f) (Gemara) Question: The Mishnah implies that a Beis Sha'ar is a good thing;

1. But Eliyahu used to speak with a certain Chasid regularly, until the Chasid built a Beis Sha'ar (for this muffles the cry of poor people asking for Tzedakah)!

(g) Answer #1: If it is in the Chatzer it is bad, if it is outside (and has no door) it is good, (for it gives privacy, and the poor can enter and be heard).
(h) Answer #2: A Beis Sha'ar outside the Chatzer is bad if it has a door, it is good if it has no door.
(i) Answer #3: A Beis Sha'ar with a door outside the Chatzer is bad if the key is not there, it is good if the key is left there.
(j) Answer #4: A Beis Sha'ar with a door and key (outside the Chatzer) is bad if it can only be opened from the inside, it is good if the poor person can open it from the outside.
(k) (Mishnah): Members of a Chatzer can force each other to build a Beis Sha'ar and a door for the Chatzer.
(l) (Beraisa - R. Shimon ben Gamliel): A Chatzer is fitting for a Beis Sha'ar only if it is near the public domain.

1. Chachamim argue, because even if it is not close, sometimes the public domain is crowded and people enter the Chatzer.

(a) (Mishnah): People of a city can force each other...
(b) (Beraisa - R. Shimon ben Gamliel): A city is fitting for a wall only if it is close to the border (of Eretz Yisrael).

1. Chachamim argue, because even if it is not close, sometimes troops pass by.

(c) Version #1 - Question (R. Elazar): When they collect, does every person pay the same amount, or do people pay according to their wealth?
(d) Answer (R. Yochanan): They pay according to their wealth.
(e) Version #2 - Question (R. Elazar): When they collect, does every person pay according to how close he is to the wall (closer people are in bigger danger, they need it more), or do people pay according to their wealth?
(f) Answer (R. Yochanan): They pay according to how close they are to the wall.
(g) R. Yehudah Nesi'ah collected for needs of a wall; he said that Chachamim must also pay.
(h) (Reish Lakish): Chachamim do not need to be guarded (so they need not pay)!

1. Question: "Esperem me'Chol Yirbun" - who is more numerous than the sand?

i. It cannot be Tzadikim, for all of Yisrael is likened to the sand!

2. Answer: Rather, the deeds of Tzadikim are more numerous than the sand.

i. A small amount of sand is like a protecting wall surrounding the sea - all the more so, the deeds of Tzadikim protect them!

(i) (R. Yochanan): Rather, you should learn from "Ani Chomah" - this is Torah; "v'Shodai ka'Migdalos" - these are Chachamim.

1. Reish Lakish did not learn from here, for he expounds like Rava.
2. (Rava): "Ani Chomah" - this is the congregation of Yisrael; "v'Shodai ka'Migdalos" - these are synagogues and Batei Medrash.