ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 59
BAVA BASRA 59 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel
David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as
Hashem.' Dedicated by her son.
(a) We learned in our Mishnah that a full-length pipe is subject to
Chazakah. The problem we have with this, according to Rebbi Yirmiyah bar Aba
(who explains that 'Marzev Ein Lo Chazakah' refers to building underneath
it) is - that seeing as his drain-pipe runs along the length of theChatzer,
what difference does it make to him if the owner of the Chatzer builds
underneath his pipe?
(b) There is no problem according to Shmuel and Rebbi Chanina'
interpretation of 'Marzev Ein Lo Chazakah' - according to whom the Tana
needs to inform us that one cannot force him to move his pipe to the other
side, or that the owner of the Chatzer is not entitled to cut the pipe
(c) We answer that the Tana is talking about a pipe that is built in the
form of a building - in which case he can complain that when the owner of
the Chatzer underneath it, it weakens his pipe, causing it to break.
(d) Perhaps a Marzev is different because it is not sufficiently important
to prevent the owner from building underneath it, even if it will cause it
to fall down. Alternatively, we might explain the difference between a
Marzev and a Mazchilah - in that a Marzev is normally made of wood, and will
not be adversely affected by the building underneath it (whereas if it was
made of stone, it would be subject to the same ruling as a Mazchilah).
(a) Rav Yehudah Amar Shmuel rules that if Reuven wants to dismantle a pipe
from which water flows from his roof into Shimon's Chatzer - Shimon is
entitled to object ...
(b) ... because he has as much of a Chazakah on Reuven's water, as Shimon
has in his Chatzer.
(a) They asked the same She'eilah to Rebbi Oshaya, to Rebbi Chama and then
to Rebbi Biysa. Rebbi Oshaya and Rebbi Biysa corroborated Shmuel's ruling.
(b) Whereas Rebbi Chama ruled that the owner of the Chatzer has no authority
to stop the owner of the pipe from dismantling it.
(c) They quoted the Pasuk "ve'ha'Chut he'Meshulash Lo bi'Meheirah Yinasek" -
with reference to Rebbi Oshaya, who happened to be the grandson of Rebbi
Biysa, woth whose opinion he sided. It so happens, that Rebbi Chama was no
stranger either; he happened to be Rebbi Oshaya's father (and Rebbi Biysa's
(a) According to de'Bei Rebbi Yanai - a Sulam ha'Mitzri has a maximum of
(b) The Tana defines an Egyptian window, but not an Egyptian ladder -
because Rebbi Yehudah argues with the Tana Kama in the former case.
(a) Rebbi Zeira restricts the Chazakah on a Chalon Tzuri (in our Mishnah)
to one that is within four Amos from the ground. This means that ...
1. ... the owner of the Chatzer - needs to make a Mecha'ah only if the new
window is below four Amos (failing which he will to leave a distance of four
Amos between any subsequent wall and the window), but not if it is higher
(b) When Rebbi Zeira adds 've'Yachol Li'mchos' he means - that not only does
the owner of the Chatzer not need to make a Mecha'ah, but he cannot stop the
Machzik from opening a window above the height of four Amos.
2. ... a Machzik who comes to open such a window has a Chazakah below if the
window is within four Amos of the grounds, but not if it is higher.
(c) According to Rebbi Ila'a - he can (in spite of the fact that if he does
open a window, he will not hav a Chazakah anyway.
(d) We suggest that they argue over 'Kofin Oso al Midas S'dom', in which
case - Rebbi Zeira will hold 'Kofin' (meaning that we force the owner to
accept the window, whilst Rebbi Ila'a holds 'Ein Kofin (and if he wants to
protest, he may).
(a) We conclude however, that both opinions hold 'Kofin al Midas S'dom', and
on principle, Rebbi Ila'a would agree with Rebbi Zeira. And the reason that
he does not is - because the owner has a genuine fear that the Machzik will
place a stool on his side of the wall in order to watch him through the
(b) Rebbi Zeira disagrees with this however, on the grounds - that a person
would not have such Chutzpah.
(c) A case came before Rebbi Ami of someone who wanted to open such a window
above the height of four Amos from the ground. Rebbi Aba (to whom Rebbi Ami
sent them) ruled - like Rebbi Ila'a (upholding the owner's protest).
(d) We have already discussed Shmuel's opinion (though not by name) that if
the window is to provide light, then even a Chalon ha'Mitzris is subject to
a Chazakah - because light is something that one needs all the time, and
which is therefore considered a permanent fixture.
(a) A 'Ziz' is - a ledge.
(b) The distinction the Mishnah makes between a Ziz which is at least a
Tefach wide and one which is less, with regard to ...
1. ... a Chazakah is - that the former is subject to Chazakah, whereas the
latter is not.
(c) The sort of damage we are concerned with in the case of a ledge a Tefach
wide is - Hezek Re'iyah (that he will stand on the ledge and look into the
2. ... Mecha'ah is - that in the former case, the owner of the Chatzer can
object, whereas in the latter, he cannot.
(a) Abaye interprets Rebbi Asi (or Rebbi Ya'akov) Amar Rebbi Mani's
statement 'Hichzik be'Tefach, Hichzik be'Arba'ah' to mean - that if Reuven
has a Chazakah on a ledge one Tefach wide along a length of wall that is
four Tefachim, this automatically extends to a ledge which is four Tefachim
(b) ... because we assume that, once the owner does not object to the
Machzik using four Tefachim along his wall, he will allow him a width of
four Tefachim as well (since less than four by four Tefachim is not Chashuv,
and therefore of no real use to the Machzik).
(c) If the Machzik made a Chazakah on a Ziz one Tefach wide by ...
1. ... ten Tefachim along the wall - his Chazakah also extends to one which
is four Tefachim wide.
2. ... three Tefachim along the wall - that is what he is allowed (three
Tefachim by one), and no more.
(a) 'Pachos mi'Tefach, Eino Yachol Li'mchos', we learned in our Mishnah. Rav
Huna confines this prohibition to the owner of the ledge. This might mean
that the Machzik cannot stop the owner of the Chatzer from building ledges
on his wall. Alternatively, the Tana means - that he cannot stop him from
using his ledge (seeing as he has the authority to remove it, if he so
(b) According to Rav Huna, the owner can however, stop the Machzik from
fixing the ledge on his wall - because he is afraid that he will use it to
look into his Chatzer.
(c) Rav Yehudah that 'Eino Yachol Li'mchos cuts both ways (not because he
holds 'Hezek Re'iyah Lo Sh'meih Hezek', but) - because the Machzik can
counter that, since the wall is only fit to use to place things on, whenever
he uses the ledge, he promises to turn his face the other way (Consequently,
he will be afraid to look into the Chatzer, so as not to be caught in the
(d) Rav Huna counters this - by pointing out that due to the thinness of the
ledge and the precariousness of using it as he bends over from the roof, he
can always claim that he turned round to face the Chatzer in order to avoid
falling off the roof (even when this is not the case).
(a) Our Mishnah - prohibits opening new windows overlooking the public
Chatzer of which one is a joint owner (because of Hezek Re'iyah).
(b) And if he purchased a room in an adjoining Chatzer or if he built an
attic above his house, he is forbidden to build a door that opens from it
directly into the Chatzer which he still owns jointly - because he causes an
influx of visitors to pass through the Chatzer.
(c) The Tana permits this however - provided his guests enter the Chatzer
via his house, and not directly, because one is not restricted as to how
many guests one invites into one's home?
(a) The problem with our Mishnah teaching us the prohibition of opening new
windows overlooking the public Chatzer which he owns jointly is - the
implication that it is permitted if the Chatzer is privately-owned, which is
not the case?
(b) We answer that the Chidush is greater in the case of a public Chatzer -
because each person has to be on his guard because of the other residents
anyway, so we may have thought that opening another window makes no
difference (and is not considered 'Hezek Re'iyah').
(c) In spite of the fact that one has to hide from the other residents
anyway, it is nevertheless forbidden to open a new window - because they can
argue that whereas until now, they only had to guard themselves when they
were in the Chatzer, now they need to guard themselves when they are in the
house too (since from his high window, he can now look into their houses.
Alternatively, they can say that from now on, they need to guard themselves
even when he is in the house (whereas until now, this was only necessary
when he was in the Chatzer).
(a) When a resident opened windows on to the Chatzer, Rebbi Yishmael b'Rebbi
Yossi declared that he had a Chazakah - because he holds that silence
concerning Hishtamshus (usage) creates an immediate Chazakah.
(b) Rebbi Chiya told the Machzik - that just as he took the trouble to open
the window, so he should now take the trouble to seal it, because, in his
opinion, this Chazakah too, only takes effect after three years (and in this
case, the owner protested within three years).
(c) Rav Nachman says, that if, after three years, Shimon sealed the window
that Reuven opened, and Reuven remained silent - Reuven's Chazakah is
broken, because, had Shimon granted him the right to open the window, he
would have protested immediately when he sealed it.
(a) The problem with our Mishnah, which permits building one room next to
the other or an attic on top of his house (despite the fact that his guests
enter the Chatzer via his house, and not directly) is - that, when all's
said and done, it is the extra building that brings the additional visitors
into the Chatzer, so how can the Tana permit it?
(b) To resolve the problem, Rav Huna explains the extra room and the attic
to mean - that he divided the existing room into two, either vertically or
horizontally (thereby adding nothing to the existing building.
(c) This alleviates the problem - inasmuch as a person can entertain as many
guests as he likes in his existing house, no matter how he does it.