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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 99
1) THE KERUVIM
(a) Contradiction: It says "Veha'Bayis...u'Shloshim Amah
Komaso", and it says "V'Esrim Amah Komaso"!
(b) Answer (R. Chanina): The latter verse gives the height
above the Keruvim (the figures on the cover of the Aron).
(c) Question: What do we learn from this?
(d) Answer: That the space above is like the space below:
just as nothing occupies the space above (it is empty),
also the space below (the 10 Amos in which the Keruvim
stand, miraculously) does not occupy space (as we will
explain).
(e) This supports R. Levi,
1. (R. Levi): We have a tradition, the Aron and Keruvim
do not occupy space.
2. Support (Beraisa): The Aron Moshe made was
surrounded by 10 Amos in every direction (even
though the Kodesh ha'Kodoshim was only 20 by 20,
i.e. it did not occupy any space).
(f) (Ravnai): The (two) Keruvim stood miraculously -
"V'Chamesh Amos Kenaf ha'Keruv ha'Echas v'Chamesh Amos
Kenaf ha'Keruv ha'Shenis..." (they stood next to each
other, and the total span of all four wings was 20 Amos,
the entire length of the Kodesh ha'Kodoshim - we conclude
that their bodies (in between the wings) did not occupy
space)!
(g) Objection #1 (Abaye): Perhaps (there was no miracle,) the
wings of each Keruv touched each other, and the bodies
were underneath, like chickens!
(h) Objection #2 (Rava): Perhaps they did not stand next to
each other!
(i) Objection #3 (Rav Acha bar Yakov): (Even if they stood
next to each other), perhaps they were on a diagonal
(which is about 28 Amos)!
(j) Objection #4 (Rav Huna brei d'Rav Yehoshua): Perhaps the
Kodesh ha'Kodoshim is 20 by 20 at the bottom, but it is
wider on top!
(k) Objection #5 (Rav Papa): Perhaps the wings were bent!
(l) Objection #6 (Rav Ashi): Perhaps the wings overlapped
each other!
(m) Question: What was the (normal) position of the Keruvim?
(n) Answer #1 (R. Yochanan or R. Elazar): Each faced the
other.
(o) Answer #2 (the other of R. Yochanan and R. Elazar): Each
faced the walls of the Kodesh ha'Kodoshim.
(p) Question (against the first opinion): "U'fneihem
la'Bayis"!
(q) Answer: When Yisrael does Hash-m's will, they face each
other; when we do not, they face the walls.
(r) Question (against the second opinion): "U'fneihem Ish El
Achiv"!
(s) Answer: They face each other somewhat, and also face the
walls somewhat.
1. (Beraisa - Unkelos): "Keruvim Shnayim Ma'ase
Tza'atzu'im" - (their faces) looked like children
leaving their Rebbi, i.e., looking slightly to the
side.
2) ONE WHO OWNS PROPERTY IN ANOTHER'S DOMAIN
(a) Mishnah): If Reuven owns a pit in Shimon's house, he
enters and leaves at normal times (i.e. by day);
(b) He may not bring his animal in, rather, he takes water
out for it;
1. Reuven and Shimon each make a key (this will be
explained).
(c) (Gemara) Question: For what are the keys?
(d) Answer (R. Yochanan): Both are for the pit (neither can
open it without the other).
(e) Question: We understand why Reuven has a key, in order to
prevent Shimon from stealing water;
1. Why does Shimon make a key?
99b---------------------------------------99b
(f) Answer (R. Elazar): To prevent suspicion that Reuven
entered to be with Shimon's wife (now, he will not enter
unless Shimon is home).
(g) (Mishnah): If Levi owns a garden inside Yehudah's garden,
he enters and leaves at normal times;
1. He may not bring in merchants, nor may he enter
Yehudah's garden in order to get to a different
field.
(h) Yehudah has the right to seed the path.
(i) If Levi received a path on the side (of Yehudah's garden)
by mutual consent, he enters and leaves at any time he
wants, he may bring in merchants, he may not enter
Yehudah's garden in order to get to a different field,
and neither may seed it.
(j) (Gemara - Rav Yehudah): If Shimon bought an Amah
(irrigation channel) in Reuven's Beis ha'Shelachin
(irrigated field), he gets two Amos, one on each bank
(some say: also, if the channel is less than two Amos, he
may widen it to two Amos).
1. If he bought an Amah Kilon (water trough for
animals), he gets one Amah, half on each side (some
say, if the trough is less than one Amah, he may
widen it to one Amah).
(k) Question: Who seeds the banks?
(l) Answer #1 (Rav Yehudah): Reuven seeds them.
(m) Answer #2 (Rav Nachman): Reuven plants (trees on) them.
(n) All the more so, Rav Yehudah says that Reuven may plant
trees, since these have deep roots, they will not harm
the banks.
1. Rav Nachman says that Reuven may not seed the banks,
for this will moisten the ground, weakening the
banks.
(o) (Rav Yehudah): If the banks of Shimon's Amah fell, he can
fix it with dirt of Reuven's field, surely, the dirt
scattered onto the field.
(p) Objection (Rav Papa): Reuven can say that the banks did
not fall, rather, the water level rose (and Shimon has no
dirt by Reuven)!
1. Rather, he can fix it with dirt of Reuven's field
because this was (an understood) condition of the
sale.
3) LAWS OF PATHS
(a) (Mishnah): A public road passed through Reuven's field.
Reuven set aside the end of his field for people to walk
on, intending to take over the area of the old path - the
new path also becomes a public road, and Reuven has no
right to take the area he wanted.
(a) (One who buys) a private road is (entitled to) (at least)
four Amos; a public road is 16 Amos;
(b) There is no limit to the road for a king or a funeral
procession.
(c) Judges of Tzipori say, we allow an area of Beis Arba'ah
Kavim (the amount of land in which four Kavim of seed is
sown) for a Ma'amad (a place where people stop when
returning from a burial).
(b) (Gemara) Question: Why didn't Chachamim enact that Reuven
gets the old path? He should be allowed to take a stick
and hit anyone that walks on the old path!
(c) Answer: This teaches that a person may not take the law
into his own hands.
(d) Rejection #1 (Rav Zvid): Chachamim decreed that he does
not get the path he wanted, lest he give a crooked path
in its stead.
(e) Answer #2 (Rav Mesharshiya): The case is, he gave them a
crooked path in its stead.
(f) Answer #3 (Rav Ashi): Any replacement path he gives is
considered a crooked path, for it is closer for some
people, but further for others.
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