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1) THE REWARD OF TZEDAKAH

(a) (Beraisa): Binyamin ha'Tzadik was appointed over the Kupah of Tzedakah. A woman came in time of famine and asked him to support her.

1. Binyamin swore that there was no money in the Kupah; she said that she and her seven children will die if he does not support them. He supported them from his own money.
2. Later, Binyamin fell sick and was about to die. The angels protested: saving a single Yisrael is like saving an entire world - Binyamin saved eight souls, should he die young?
3. Hash-m tore up the decree against him, and gave him another 22 years.

(b) (Beraisa): King Munvaz opened the storehouses of his ancestors in famine years to feed the poor. His family protested: your fathers saved and increased the wealth their ancestors saved up, and you are squandering it!

1. Munvaz: They stored up below, in a place where others might take it, and in a way that does not increase, I stored up above, in a place where no one can take it, and in a way that increases - "Fri Ma'aleleihem Yochelu";
2. They stored money, for others, for this world; I stored souls, for myself, for the world to come.

(a) (Mishnah): If he bought a dwelling, he is immediately considered a resident of the city.
(b) Our Mishnah is not like R. Shimon ben Gamliel.

1. (Beraisa - R. Shimon ben Gamliel): One who buys any land is considered a resident.
2. Contradiction (Beraisa - R. Shimon ben Gamliel): One who buys land fitting for a dwelling is considered a resident.
3. Resolution: Tana'im argue about the opinion of R. Shimon ben Gamliel.

(a) (Mishnah): We divide a Chatzer only if each partner will get four Amos;

1. We divide a field only if each will get the area fitting to sow nine Kavim;
2. R. Yehudah says, it suffices if each gets half this amount.

(b) We divide a garden only if each will get the area to sow half a Kav;

1. R. Akiva says, it suffices if each gets half this amount.

(c) We divide a salon, small tower, dovecote, garment, bathhouse, olivepress, or Beis ha'Shelachin (a field with a spring to irrigate it) only if each will get a fitting portion;

1. The general rule is: we only divide if each will get a portion that keeps the original name.

(d) All these laws are when only one partner wants to divide - if both want to divide, they may always do so;

1. Regarding Seforim, even if both want to divide, they may not.

(e) Version #1 (Gemara - Rav Asi): The four Amos of the Mishnah is in addition to the four Amos in front of the doorways of the houses.

1. Support (Beraisa): We divide a Chatzer only if each partner will get eight Amos.
2. Question: But our Mishnah says four Amos!
3. Answer: This confirms Rav Asi's law - each must get four Amos in addition to the four Amos in front of his doorway.

(f) Version #2 - (Mishnah): We divide a Chatzer only if each partner will get four Amos.
(g) Contradiction (Beraisa): We divide a Chatzer only if each partner will get eight Amos.
(h) Answer (Rav Asi): Each must get four Amos in addition to the four Amos in front of his doorway. (End of Version #2)
(i) (Rav Huna): Brothers dividing a Chatzer they inherited, each gets a share proportional to the number of doorways he has that open into it.
(j) (Rav Chisda): Each gets four Amos for each opening, the rest is divided equally.
(k) Support (for Rav Chisda - Beraisa): Four Amos are given for each opening in a Chatzer;

1. If Reuven has one opening and Shimon has two, Reuven gets four Amos, Shimon gets eight Amos and the rest is divided equally.
2. If Reuven had an opening of eight Amos, he gets eight Amos next to it and an additional four Amos in the Chatzer.
3. Question: Why does he get another four Amos?
4. Correction (Abaye): The Beraisa means, he gets an area eight Amos long and four Amos wide.

(a) (Ameimar): If Reuven has a hole in the Chatzer for storing pits (for animals to eat), he receives four Amos around it in the Chatzer in every direction.

1. This is only if he did not have a fixed side from which he would cast pits into it - if he did, he only gets four Amos in that direction.

(b) (Rav Huna): An Achsadra (an enclosure with three walls) does not receive four Amos.

1. Four Amos are given for the needs of unloading an animal near the house - since one can bring the animal into the Achsadra, four Amos are not needed.

(c) Question (Rav Sheshes - Beraisa): Four Amos are given for a gate of a house or Achsadra.
(d) Answer #1: That refers to an Achsadra of Rav (it is surrounded by four walls with windows).
(e) Objection: That is a proper room, obviously it gets four Amos!
(f) Answer #2: Rather, it refers to a Roman Achsadra (the walls are low, they do not reach to the ceiling).
(g) (Beraisa): Four Amos are given for a porch, Achsadra or balcony;

1. If five houses open into a balcony,which has a single entrance to the Chatzer they only get a total of four Amos.

(h) Question (R. Yochanan): Does one get four Amos for a chicken coop?
(i) Answer (R. Yanai): No - the reason for four Amos is for unloading, chickens can climb over the wall.
(j) Question (Rava): If only half of a house has a ceiling, are four Amos given for it?
(k) Answer (Rav Nachman): No - not only if the ceiling is on the inside, for then one can unload through the exposed part;

1. Even if the ceiling is on the outside, one can take the animal to the exposed part to unload.

(a) Question (Rav Huna): If a member of a Mavuy (alleyway) wanted to open his house to another Mavuy, can the other people of the Mavuy stop him?
(b) Answer (R. Ami): They can stop him.
(c) Version #1 - Rashi - Question (Rav Huna): If people of the city must house soldiers, is the obligation shared according to the number of people, or according to the number of openings in the house?
(d) Version #2 - Tosfos - Question (Rav Huna): If a caravan passes by and leaves manure, is it divided it according to the number of people (each gets an equal share), or according to the number of openings to the Chatzer?
(e) Answer (R. Ami): According to the number of people.
(f) Version #1 - Rashi - Support (Beraisa): Manure is divided according to the number of openings, soldiers are quartered according to the number of people.
(g) Version #2 - Tosfos - Support (Beraisa): Manure (of the animals of people of the Chatzer) is divided according to the number of openings, manure from a caravan is divided according to the number of people.
(h) (Rav Huna): If a member of a Mavuy wanted to close his opening to the Mavuy, the people of the Mavuy can stop him, for this would increase the amount they must walk.
(i) Question (Beraisa): If five Chatzeros are open to a Mavuy (that is closed on one end, and the other end is open to the public domain), people of each Chatzer are allowed to use the part of the Mavuy from their entrance and outwards, but they may not go towards the closed end. (Clearly, the outer Chatzeros cannot protest if an inner Chatzer wants to close its entrance, since they have no right to go there!)
(j) Answer: Tana'im argue about this matter.

1. (Beraisa - Rebbi): If a member of a Mavuy wants to open his house to another Mavuy, the other people of the Mavuy can stop him;

i. If he once had an opening to another Mavuy and closed it, they cannot stop him from re-opening it.

2. R. Shimon ben Elazar says, if five Chatzeros are open to a Mavuy each can use the part near the others.
3. Question: Rebbi did not speak of this case, why does R. Shimon ben Elazar bring it up?
4. Answer: The Beraisa is abbreviated, it means as follows: (Rebbi also says that) if five Chatzeros are open to a Mavuy, people of each Chatzer are allowed to use the part of the Mavuy from their entrance and outwards, but they may not go inwards;
5. R. Shimon ben Elazar says, all can use every part of the Mavuy.