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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 17

1) SOME REWARDS OF THE GREATEST TZADIKIM

(a) (Beraisa): Hash-m gave three people a taste of the world to come: Avraham, Yitzchak and Yakov.
1. They were blessed with "Ba'kol", "Mi'Kol", and "Kol" respectively.
2. This also shows that these are the only three over whom the evil inclination did not rule.
3. Some say, also David was not under its rule - "V'Libi Chalal b'Kirbi".
i. The first Tana says, David merely expressed his pain.
(b) (Beraisa): The angel of death did not rule over six people: Avraham, Yitzchak and Yakov (as above), and Moshe, Aharon and Miryam who died "Al Pi Hash-m".
(c) Question: It does not say "Al Pi Hash-m" by Miryam!
(d) Answer (R. Elazar): A Gezeirah Shavah "Sham-Sham" teaches that Miryam also died through Hash-m's kiss!
1. It is not fitting for the Torah to say this, so it did not.
(e) (Beraisa): Seven people were not consumed by worms after death: Avraham, Yitzchak, Yakov, Moshe, Aharon and Miryam (as above), and Binyamin ("Yishkon la'Vetach").
(f) Some say, also David - "Ach Besari Yishkon la'Vetach".
1. The first Tana holds that this was a request for mercy.
(g) (Beraisa): Four people died only on account of (Adam's sin through) the snake: Binyamin, Amram, Yishai, and David's son Kalev.
1. It says "Avigayil Bas Nachash", even though she was Yishai's daughter, to teach that he only died on account of the snake.
2. We have a tradition about the other three.
***** PEREK LO YACHPOR *****

2) DISTANCING TO PREVENT DAMAGE

(a) (Mishnah): Reuven may not dig a (round) pit close to his neighbor's pit, nor may he dig a long or roofed pit, or an irrigation channel, or a laundry ditch, unless he distances three Tefachim (handbreadths) from his neighbor's pit, and plasters the wall of the pit;
(b) Reuven must distance the refuse of olives, manure, salt, lime, and rocks three Tefachim from his neighbor's wall, and apply plaster;
(c) He cannot plant seeds, plow, or put urine within three Tefachim of his neighbor's wall;
(d) A millstone - the lower stone must be distanced three Tefachim, the upper stone will be four Tefachim away;
(e) An oven - the bottom must be distanced three Tefachim, the top will be four Tefachim away.
17b---------------------------------------17b

(f) (Gemara) Question: The Mishnah first says, he must distance from a pit; then it says, from the wall!
(g) Answer #1 (Abaye): It means, from the wall of his pit.
(h) Question: Why doesn't it just say, he distances three Tefachim from his neighbor's pit?
(i) Answer: The Mishnah teaches that the wall of a pit should be three Tefachim.
1. This is relevant to commerce.
2. (Beraisa): One who sells a pit and its wall - the wall must be three Tefachim.
3) DISTANCING FROM THE BORDER
(a) (Abaye): Reuven may dig a pit at the edge of his property if his neighbor does not have a pit nearby;
(b) (Rava): No, he must distance three Tefachim from the border.
(c) Version #1: In a type of field in which people generally dig pits, all agree that he must distance from the border;
(d) They argue when it is the type in which people generally do not dig pits.
1. Abaye allows him to dig at the edge, for in such a field, we do not expect that the neighbor will want to dig a pit (nearby);
2. Rava says that he must distance three Tefachim from the border - just as Reuven decided to dig a pit in such a field, perhaps his neighbor will also want to.
(e) Version #2: In a type of field in which people do not generally dig pits, all agree that he may dig up to the border;
(f) They argue when it is the type in which people generally dig pits.
1. Abaye allows him to dig at the edge.
i. Even Chachamim, who say that one cannot plant a tree within 25 Amos of a neighbor's pit - that is only by an existing pit; here, there is no pit when he is digging;
2. Rava says that he must distance three Tefachim from the border.
i. Even R. Yosi, who says that just as Shimon may dig in is his own property, his neighbor may plant in his own property, and need not distance himself - that is only by planting, because the roots which will cause the damage are not present when he plants;
ii. Here, every shovel full of dirt excavated softens the neighboring land, so he must distance himself.
(g) (Mishnah): A man may not dig a pit near his neighbor's pit ...
1. We infer, this is only because his neighbor has a pit there; if not, he would not have to distance himself!
(h) Version #1: This fits well according to the second version, in a type of field in which people do not generally dig pits, all agree that he may dig up to the border;
1. The Mishnah deals with a field in which people generally do not dig pits.
(i) According to the first version, they argue by a field in which people generally do not dig pits.
(j) The Mishnah fits well according to Abaye (it is such a field).
(k) Question: The Mishnah is difficult for Rava!
(l) Answer (Rava): Abaye himself taught, the Mishnah says that Reuven must distance himself from the (potential) wall of his neighbor's pit (i.e. even if he is the first to dig).
(m) Version #2: (Abaye): The Mishnah says that Reuven must distance himself from the (potential) wall of his neighbor's pit (i.e. even if he is the first to dig).
1. This fits well according to the first version (of the dispute between Abaye and Rava) - in a type of field in which people generally dig pits, all agree that he must distance himself;
i. The Mishnah deals with a field in which people generally dig pits.
2. According to the second version, they argue by a field in which people generally dig pits.
3. The Mishnah fits well according to Rava (it is such a field).
4. Question: The Mishnah is difficult for Abaye!
5. Answer (Abaye): The Mishnah is a case in which both neighbors come to dig pits at the same time (therefore, each must distance himself).
(n) (Beraisa): One who wants to dig a pit in land in which the dirt is brittle must distance himself three Tefachim and plaster (this refutes Abaye in Version 2)!
(o) Answer: This is no refutation - brittle dirt has a different law!
1. Question: Obviously, the Beraisa chose the case for this reason - what did the one who asked the question think?
2. Answer: He thought that the Beraisa chose the case of brittle dirt to show that even then, it suffices to distance three Tefachim.
(p) (Mishnah): One must distance the refuse of olives, manure, salt, lime, and rocks three Tefachim from his neighbor's wall, and apply plaster.
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