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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 22
BAVA BASRA 20-25 - sponsored by Harav Ari Bergmann of Lawrence,
N.Y., out of love for the Torah and for those who study it.
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1) RIGHTS OF VISITORS TO SELL
(a) (Rav Nachman bar Yitzchak): Rav Huna admits that peddlers
of the city cannot prevent traveling peddlers from
selling their wares.
1. Ezra enacted that peddlers may go from city to city
in order that cosmetics will be readily available to
women.
(b) They are allowed to go around the city and sell, but they
may not fix a place to sell;
1. A Chacham is allowed to fix a place.
2. Rava allowed R. Yoshiyah and Rav Ovadyah to fix a
place;
i. This is not (normally) the Halachah.
ii. Question: Why did he allow them?
iii. Answer: So they should not lose time from
learning.
(c) People selling baskets (some say - pots) came to Bavel;
people of the city came to stop them.
1. Ravina: They came from elsewhere, they may sell to
people from elsewhere who come on the market day;
2. They may only sell in the market, they may not go
around the city.
(d) People selling wool came to Pum Nahara; people of the
city came to stop them.
1. Rav Kahana: They may stop you.
2. The sellers: We sold on credit, we must tarry here
to collect the money (and we must sell for our
livelihood)!
3. Rav Kahana: You may sell what is needed for your
livelihood, only for the time needed to collect your
money.
(e) Rav Dimi of Neharde'a brought dried figs on a ship.
1. Reish Galusa (to Rava): See if he is a Chacham - if
he is, give him exclusive rights to sell figs.
2. Rava told Rav Ada bar Aba to test him.
3. Ada: If an elephant swallowed a basket, and excreted
it, does it still receive Tum'ah (or is it Tahor,
like dung vessels)?
4. Rav Dimi did not know. Rav Ada teased him, and did
not give him exclusive rights to sell figs; the figs
spoiled.
5. Rav Dimi complained to Rav Yosef.
6. Rav Yosef: Hash-m avenged the injustice done to the
king of Edom, he will avenge your affliction.
i. "Pish'ei Mo'av...Lo Ashivenu" - for burning the
bones of the king of Edom.
7. Rav Ada died.
8. Rav Yosef: I am responsible, I cursed him!
9. Rav Dimi: I am responsible, he was punished for the
loss of my figs.
10. Abaye: I am responsible - he used to tell people,
rather than learn without satisfaction from Abaye,
learn from Rava!
11. Rava: I am responsible, he used to tell butchers
that he will buy before my servant, for he is
greater.
12. Rav Nachman bar Yitzchak: I am responsible.
i. Rav Nachman bar Yitzchak used to expound on
Shabbos; beforehand, he would review with Rav
Ada. One day Rav Ada was detained by Rav Papa
and Rav Huna brei d'Rav Yehoshua, who wanted to
hear teachings of Rava they had missed. The
Talmidim asked Rav Nachman to begin.
ii. Rav Nachman: I am waiting for the casket of Rav
Ada.
iii. Word spread that Rav Ada died.
13. Presumably, Rav Nachman bar Yitzchak was
responsible.
2) BUILDING WALLS NEAR WALLS
(a) (Mishnah): If Reuven's wall was near Shimon's wall (and
it fell), he may not (re)build a(nother) wall within four
Amos.
(b) If Reuven wants to build a wall opposite Shimon's window,
the wall must be at least four Amos higher than or four
Amos lower than the window, and (if it is higher) at
least four Amos away from the window.
(c) (Gemara): How was he allowed to build the first wall so
close?
(d) Answer #1 (Rav Yehudah): The Mishnah (does not speak of a
wall that fell, rather it) says that he may not build a
wall within four Amos.
22b---------------------------------------22b
(e) Objection (Rava): But the Mishnah says that he had a wall
close to Shimon's wall!
(f) Answer #2 (Rava): The Mishnah says, if Reuven's wall was
four Amos away from Shimon's wall and it fell, he may not
rebuild it within four Amos.
1. Question: What is the reason?
2. Answer: We want people to walk on the ground in
between, this hardens the ground and strengthens the
walls.
(g) (Rav): The Mishnah only speaks of a wall of a garden;
1. One may build a wall within four Amos of a wall of a
Chatzer.
(h) (R. Oshaya): The Mishnah speaks of a wall of a garden or
of a Chatzer.
(i) (R. Yosi b'Rebbi Chanina): Rav and R. Oshaya do not
argue;
1. Rav speaks of an old city, in which the ground near
Chatzer walls is already hard (from years of
trampling);
2. R. Oshaya speaks of a new city, in which even the
ground near Chatzer walls is soft.
(j) Question (Mishnah): If Reuven wants to build a wall
opposite Shimon's window, the wall must be at least four
Amos higher than or four Amos lower than the window, and
(if it is higher) at least four Amos away from the
window.
1. (Beraisa): Four Amos above - so he cannot not crouch
down from his wall and look into the window; below -
so he will not stand on his wall and see through the
windows; four Amos away - so he will not block
light.
2. Inference: We are only concerned for blocking light,
not for trampling!
(k) Answer: The case is, the wall is perpendicular to the
existing wall (so it only inhibits treading on a minute
portion, i.e. the thickness of the new wall).
(l) (Rav Yeiva): One must distance the wall the width of the
window, so it will not block light.
(m) Question: But Reuven will be able to look into the
window!
(n) Answer (Rav Zevid): The case is, Reuven slopes his wall
so he cannot stand or lean on it.
(o) Question: But the Mishnah says that he must distance four
Amos!
(p) Answer: That is when he builds walls on both sides of the
window;
1. If he only builds on one side, the width of the
window suffices.
(q) Question (Mishnah): One must distance a wall four Amos
from a gutterpipe, in order that a ladder can be set up
(to fix the pipe).
1. Inference: We are only concerned for the pipe, not
for trampling!
(r) Answer: The case is, the pipe is inclined, there is room
to walk underneath, therefore we only need to leave room
for the ladder.
3) BEING A CAUSE OF DAMAGE
(a) (Mishnah): One must distance a ladder four Amos from a
dovecote, in order that a marten (a weasel-like animal)
cannot jump from it;
(b) One must distance a wall four Amos from a gutterpipe, in
order that a ladder can be set up.
(c) (Gemara) Suggestion: Our Mishnah is not R. Yosi.
1. R. Yosi: says that each neighbor may dig or plant in
his own property (he need not worry that damage will
result to his neighbor).
(d) Rejection: Even R. Yosi agrees to our Mishnah.
1. (Rav Ashi): R. Yosi admits regarding 'arrows' (i.e.
damage that comes direct from the person's hand);
2. Here also, sometimes as he erects the ladder, the
marten jumps from it.
(e) Question: This is only Grama (causation)!
(f) Answer (Rav Tuvi bar Masnah): This teaches that Grama of
damage is forbidden.
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