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Prepared by Rabbi P. Feldman
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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 26

BAVA BASRA 26 - dedicated by Mr. N. Brown, a devotee of the Torah who is Mekadesh Shem Shamayim in Rechavya, Yerushalayim. May the Torah always protect and uplift his entire family!

1) DAMAGE AIDED BY THE WIND

(a) When people of Bar Meryon's house combed flax, the chaff would fly off and damage people; people complained.
(b) (Ravina): R. Yosi admits regarding Giri Dilei - but that is when he set the damager in motion; here, the wind takes it!
(c) Question #1 (Mar bar Rav Ashi and Mereimar): But regarding Shabbos, one is liable for winnowing, even though the wind helps him (here also, it is considered his action)!
(d) Question #2 (against Ravina): Why is this different than when the wind carries a spark from a hammer, there the smith is liable!
(e) Answer (to Question #2): The smith is happy that the spark leave his shop (so it does not cause a fire there); regarding flax, the owners do not need the chaff to fly away.
2) DISTANCING TREES
(a) (Mishnah): Reuven must distance his tree four Amos from Shimon's field;
1. Vines have the same law as trees.
(b) If there is a fence in between, each may plant up to the fence.
(c) If the roots of Reuven's tree are in Shimon's field, Shimon may cut them up to three Tefachim deep, so they will not impede his plow;
1. If Shimon digs a pit, he may cut whatever roots he encounters; the (cut) roots are his.
(d) (Gemara - Beraisa): He must distance four Amos, because this amount is needed to tend to a vineyard.
(e) Version #1 (Shmuel): This is only in Eretz Yisrael, but in Bavel, two Amos are enough.
(f) Support (Beraisa): Reuven must distance his tree two Amos from Shimon's field;
1. Question: But the Mishnah requires him to distance four Amos!
2. Answer: The Mishnah gives the law in Eretz Yisrael, the Beraisa gives the law in Bavel.
(g) Version #2 (Mishnah): Reuven must distance his tree four Amos from Shimon's field;
(h) Contradiction (Beraisa): He must distance his tree two Amos.
(i) Resolution (Shmuel): The Mishnah gives the law in Eretz Yisrael, the Beraisa gives the law in Bavel.
(j) Rava bar Rav Chanan had date trees bordering on Rav Yosef's vineyard. Birds came to the trees and descended to the vines, damaging them.
1. Rav Yosef: Cut your trees!
2. Rava: But I kept the proper distance!
3. Rav Yosef: A greater distance is required for vines.
4. Rava: I will not cut them, for Rav forbids cutting a tree that produces a Kav of dates;
i. R. Chanina said that his son died because his son cut a fig tree prematurely.
ii. If you want to cut, I permit you!
(k) Rav Papa had date trees bordering on Rav Huna brei d'Rav Yehoshua's property; he saw Rav Huna digging and cutting the roots; he asked why he was doing this.
1. Rav Huna: The Mishnah says, if Reuven's roots in Shimon's field, he may cut them up to three Tefachim deep, so they will not impede his plow.
2. Rav Papa: You are cutting deeper than three Tefachim!
3. Rav Huna: I am digging a pit; the Mishnah says, if he digs a pit, he may cut whatever roots he encounters; the roots are his.
4. Rav Papa tried bringing many proofs, only the following dissuaded Rav Huna.
26b---------------------------------------26b

5. (Rav Yehudah): (Rav Yehudah): It is forbidden to ruin a path which the public has been using.
6. Rav Huna (after Rav Papa): I should have answered, the Chazakah is only within 16 Amos (the tree is fed from those roots), past that I may cut!
(l) (Mishnah): If Shimon digs a pit, he may cut whatever roots he encounters; the roots are his.
(m) Question (Yakov Hadayva): Who gets the roots?
(n) Answer (Rav Chisda - Mishnah): If Levi's roots enter Hekdesh's field, it is forbidden (mid'Rabanan) to benefit from them; if one benefited, he did not transgress Me'ilah.
1. If we say that the roots belong to the tree's owner, we understand why there is no Me'ilah;
2. But if they belong to the owner of the field, there should be Me'ilah!
(o) Question (end of the Mishnah): If roots of a Hekdesh tree enter Levi's field, it is forbidden to benefit from them; if one benefited, he did not transgress Me'ilah.
1. If the roots belong to the tree's owner, there should be Me'ilah!
(p) Answer #1: The Mishnah speaks of what grew after the tree was Hukdash; the Tana holds that Me'ilah does not apply to what grows from Hekdesh (therefore, we cannot settle Yakov's question from the Mishnah of Me'ilah).
(q) Answer #2 (Ravina): The first clause speaks of roots within 16 Amos, these belong to the tree's owner;
1. The second clause speaks of roots beyond 16 Amos, they belong to the owner of the field.
3) THE AREA FROM WHICH TREES NURTURE
(a) (Ula): If Reuven's tree is within 16 Amos of Shimon's property, he is a thief (it nurtures from Shimon's property), he does not bring Bikurim from it.
(b) Question: What is Ula's source?
1. Suggestion (Mishnah): (Normally, we add on to Shemitah and prohibit some labors in the previous year.) If ten saplings are spread over a Beis Se'ah (a field in which one seeds a Se'ah), one may plow the entire Beis Se'ah for the sake of the trees until Rosh Hashanah.
2. Rejection: A Beis Se'ah is 2500 (square) Amos, i.e. 250 Amos for each tree;
i. According to Ula, each tree nurtures from 16 Amos in each direction, i.e. a square of 32 by 32 Amos, its area is 1024 (square) Amos!
(c) Answer (Mishnah): Three (adult) trees in a Beis Se'ah are owned by three people - we may plow the entire Beis Se'ah for the sake of the trees (until Shavu'os).
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