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1) INCREASING TRAFFIC IN THE CHATZER

(a) (Mishnah): If he bought a house in another Chatzer, he may not make an entrance to the joint Chatzer.
(b) Question: What is the reason?
(c) Answer: Because this would cause more people (i.e. those of the other Chatzer, who now have a shorter path) to walk through the joint Chatzer.
(d) Question (end of the Mishnah): He may add an interior room or a second story onto his house, and make the entrance to his house.

1. This will cause more people (tenants in the added room) to walk through the joint Chatzer!

(e) Answer (Rav Huna): He did not build onto his house, he merely split an existing room into two (an inner and outer room, or he built a ceiling at half the height of the room, splitting the room into a lower room and an upper story).

(a) (Mishnah): A person may not open a door opposite a door in a joint Chatzer, nor a window opposite a window;

1. He may not make an opening larger, nor split it into two.

(b) A person may open a door opposite a door across a public domain, or a window opposite a window;

1. He may make an opening larger, or split it into two.

(c) (Gemara) Question: What is the source (of the first law)?
(d) Answer (R. Yochanan): "Va'Yar Es Yisrael Shochen li'Shvatav" - he saw that the openings of their tents do not face each other;

1. This shows that they are worthy for the Divine Presence to rest on them.

(e) (Mishnah): He may not make an opening larger.
(f) (Rami bar Chama): This means, he may not enlarge an opening of four Amos to eight, for this would entitle him to a larger share of the Chatzer (when they will divide it, one gets an area (for unloading) for each opening, like the length of the opening (but not less than four Amos)), but he may enlarge an opening of two Amos to four (since in any case he gets four Amos for it).
(g) Rejection (Rava): No - the partners in the Chatzer can say, a larger opening decreases our privacy.
(h) (Mishnah): He may not split it into two.
(i) (Rami bar Chama): This means, he may not split an opening of four Amos into two openings of two each, for this would entitle him to a larger share of the Chatzer, but he may split an opening of eight Amos into two openings of four each.
(j) Rejection (Rava): No - the partners in the Chatzer can say, more openings decreases our privacy.
(k) (Mishnah): A person may open a door opposite a door across a public domain, or a window opposite a window.
(l) This is because in any case they have no privacy, people are always walking by.

(a) (Mishnah): One may not make a pit under a public domain;
(b) R. Eliezer permits this, if the cover can support a wagon laden with rocks.
(c) One may not extend ledges or beams to a public domain;

1. He may recess his house from the public domain, and extend them up to the public domain.

(d) If one buys a Chatzer which has ledges extending to the public domain, he has a Chazakah that these were built properly (according to the above law).
(e) (Gemara): The first Tana argues with R. Eliezer, for sometimes the cover will get weaker, and he will not know (to fix it).
(f) (Mishnah): One may not extend ledges or beams to a public domain.
(g) R. Ami had a ledge extending into a Mavuy (alleyway); Ploni had a ledge extending into the public domain. People complained that Ploni's ledge was impeding them.

1. R. Ami: You must remove it.
2. Ploni: You also have a ledge that juts out!
3. R. Ami: My ledge extends to a Mavuy; the people pardon it;

i. Yours extends to a public domain - it is impossible to get everyone's permission!

(h) R. Yanai had a tree whose foliage hung over a public domain; also Almoni had such a tree. People complained that Almoni's tree was impeding them.

1. R. Yanai told Almoni to return tomorrow; that night, R. Yanai cut his foliage.

2. R. Yanai (the next day): You must cut the foliage.
3. Almoni: You also have such a tree!
4. R. Yanai: If mine is cut, you must also cut yours.

(i) Question: Originally, R. Yanai did not cut his tree - why did he change his mind?
(j) Answer: At first, he thought that people preferred the shade; when he heard that it impedes people, he cut it.
(k) Question: Why didn't he tell Almoni immediately to cut his tree?
(l) Answer: Because of Reish Lakish's teaching.

1. (Reish Lakish): "Hiskosheshu va'Koshu" - first fix yourself, then correct others.

(a) (Mishnah): He may recess his house from the public domain, and extend...
(b) Question: If he recessed his house and did not extend, may he later extend?
(c) Version #1 - Answer #1 (R. Yochanan): Yes.
(d) Answer #2 (Reish Lakish): No.
(e) Version #2 (R. Yakov): All agree that he may extend; they argue whether he may extend his house until the original border (where his property met the public domain).
(f) Answer #1 (R. Yochanan): No.
(g) Answer #2 (Reish Lakish): Yes.

1. R. Yochanan holds like Rav Yehudah.
2. (Rav Yehudah): It is forbidden to disturb a path that the public was Machzik in.
3. Reish Lakish says that this does not apply here, for there will remain enough room for people.

(h) (Mishnah): If one buys a Chatzer which has ledges extending to the public domain, he has a Chazakah that these were built properly.
(i) (Rav Huna): If the ledges fell, he may rebuild them.
(j) Question (Beraisa): On account of mourning over the Churban, we may not plaster, or make pictures on the walls;

1. If one bought a plastered or pictured Chatzer, he may keep it that way; if it fell, he may not rebuild it as it was.

(k) Answer: That is a prohibition, it is different (the buyer must conduct like a mourner; the ledge is a monetary question - since we say that he recessed, the property belongs to the buyer).

(a) (Beraisa): One may not plaster his house; if he mixed in sand or straw, it is permitted.
(b) R. Yehudah says, if he mixed in sand, this is Trachsid (cement), it is forbidden; if he mixed in straw, it is permitted.
(c) (Beraisa): After the Churban, many Perushim abstained from meat and wine.

1. R. Yehoshua: Why are you abstaining from meat and wine?
2. Perushim: How can we eat them? They used to be offered on the Altar, and now they are not!
3. R. Yehoshua: Nor should we eat bread, also Menachos were offered and now they are not!
4. Perushim: Indeed, we will not eat bread - we can survive on other produce.
5. R. Yehoshua: Nor should we eat fruits, Bikurim were offered and now they are not!
6. Perushim: Indeed, we will not eat fruits of the seven species from which Bikurim were offered.
7. R. Yehoshua: Nor should we drink water, water was offered on Sukos and now it is not!
8. The Perushim had no answer.

(d) R. Yehoshua: We must mourn, but we should not mourn too much;

1. "Ba'Me'erah...Kove'im ha'Goy Kulo" - we do not make decrees which the congregation cannot endure.

(e) R. Yehoshua: Chachamim said, one may plaster his house, but he leaves a small amount unplastered.

1. Question: How much must he leave?
2. Answer (Rav Yosef): A square Amah.
3. (Rav Chisda): He should leave it opposite the entrance.

(f) One may make a lavish banquet, but he omits a small thing (that he otherwise would have served).

1. Question: What does he omit?
2. Answer (Rav Papa): Fish fried with flour and oil

(g) A woman may apply all her cosmetics, but she omits something small.

1. Question: What does she omit?
2. Answer (Rav): She does not apply plaster to her temples (to make the hair fall out - Rashbam; Rambam - she omits one ornament).
3. Question: "Im Eshkachech Yerushalayim...Al Rosh Simchasi" - what does this refer to?
4. Answer (R. Yitzchak): A Chasan puts ashes on his head.
5. Question (Rav Papa): Where on the head does he put them?
6. Answer (Abaye): In the place where Tefilin are worn - "Pe'er Tachas Efer".

(h) Everyone who mourns over Yerushalayim merits to see its Simchah - "Simchu Es Yerushalayim...Kol ha'Misabelim Aleha".
(i) (Beraisa - R. Yishmael ben Elisha): After the Churban, we should have decreed not to eat meat and wine, but we do not make decrees which the congregation cannot endure;

1. Romi seized power, and makes evil harsh decrees against us, impeding our Torah and Mitzvos, they do not let us go to circumcisions (some say - Yeshu'a ha'Ben (Aruch - redemption of a firstborn));
2. On account of this, we should have decreed not to marry or have children, but then the seed of Avraham would die out;

i. It is better that Yisrael not realize that it is improper to marry and have children, than that they should know and intentionally transgress.