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1) LAWS RELATING TO RIVERS

(a) Rabah bar Rav Nachman saw a forest on the riverbank; people told him that it was Rabah bar bar Chanah's. He was appalled; he told them to cut it.
(b) Rabah bar bar Chanah saw them cutting it - he gave a curse that the cutter's children should die.

1. As long as Rabah bar bar Chanah: lived, Rabah bar Rav Nachman's children did not survive.

(c) (Rav Yehudah): Everyone must share the cost of the wall around the city, even orphans, but not Chachamim;

1. This is because Chachamim do not need protection.

(d) Even Chachamim must share the cost of digging wells for water to drink;

1. This is when they hire people to dig - but if the people themselves dig, Chachamim are exempt (it is not fitting for them to dig).

(e) (Rav Yehudah): When a river's flow is impeded by rocks and sediment, the people downstream must help excavate upstream (for this helps them), but the people upstream need not help excavate downstream (for this hurts them, the water level upstream decreases).

1. The law is just the opposite regarding a trench to enable excess rainwater to flow away (since the people upstream need that the water can flow below, but not vice-versa).
2. Support (Beraisa): If five gardens receive water from a spring, and it was impaired, every owner must help fix it (if the problem is) upstream (of himself);

i. The bottommost owner must help no matter where the problem is; if it is by him, he fixes it himself.

3. By similar reasoning, (the law is the opposite) regarding (a trench to enable excess rainwater to flow away from) Chatzeros: if it was impaired, members of a Chatzer must help (if the problem is) downstream (of their Chatzer);

i. The top Chatzer must help no matter where the problem is; if it is by them, they fix it themselves.

(f) (Shmuel): (By Persian law, one who pays taxes for property may use it.) One who pays taxes for the area where ships alight (and builds or farms on it) - this is impudence, but we may not force him to leave;

1. Nowadays, they write in the contract that one who buys land by the river gets (the entire bank and) in the river itself up to where the water reaches a horse's neck (and they fence of the area near the bank, someone who pays the taxes and takes this land) we force him to leave.

(a) (Rav Yehudah): One who pays the taxes and takes the land between two brothers or partners - this is impudence (he should have allowed one of them to get it), but we may not force him to leave;
(b) (Rav Nachman): We force him to leave;

1. If it is not between brothers or partners, but the neighbor wanted to buy it to adjoin it to his property (like the law of Bar Metzra, that a neighbor has the right to buy land before anyone else), we do not force him to leave.
2. (Chachamim of Nehardai): Even in this case, we force him to leave - "V'Asisa ha'Yashar veha'Tov b'Einei Hash-m".

(c) Question: If Reuven asked Shimon's advice about buying the land next to Shimon; and Shimon told him to buy it - must Reuven acquire the rights to buy it from Shimon (to prevent Shimon from later exercising his right to buy it)?
(d) Answer #1 (Ravina): He need not acquire.
(e) Answer #2 (Chachamim of Nehardai): He must acquire.

1. The Halachah is, he must acquire.

(f) If he did not acquire, the land really belongs to Shimon; even if the value rose or dropped, Shimon pays Reuven exactly what Reuven paid for it.
(g) If Reuven bought it for 100 and it was really worth 200: if the seller would have sold for 100 to anyone, Shimon pays 100;

1. If the seller would have charged anyone else 200, Shimon pays 200.

(h) Opinion #1: If Reuven bought it for 200 and it was really worth 100, Shimon can say, you are as an agent to buy the land for me - but not to overpay! I only have to pay you 100.
(i) Rejection (Mar Kashisha brei d'Rav Chisda): Chachamim of Nehardai say, land is worth whatever one pays for it (Shimon must pay 200).
(j) Levi bought a small piece of land in the middle of Yehudah's property: if it was Idis or Ziburis, the sale is fully valid;

1. If not, we assume it is a scheme (in order that when Yehudah later sells other parts of his land bordering on this piece, Levi will be considered a neighbor and will be entitled to buy half of it. Rashi - therefore, even the first sale is void; Rambam - therefore, Levi is not considered a neighbor for future sales).

(k) The law of Bar Metzra does not apply to a gift.
(l) (Ameimar): If the giver accepted Acharayos, the law of Bar Metzra applies (surely it is a sale disguised as a gift to avoid the law).
(m) If Reuven sold all his property to Shimon, the law of Bar Metzra does not apply (perhaps Shimon will not want to buy if he cannot buy it all - Chachamim did not enact the law when it may harm the seller).
(n) If one sells property back to the original owner, the law of Bar Metzra does not apply (it is better for him to get back his property than for a neighbor to get it).
(o) If Reuven buys from or sells to a Nochri, the law of Bar Metzra does not apply:

1. If Reuven bought from a Nochri, he greatly benefited Shimon (who borders on the land), he saved him from potential damage (perhaps another Nochri would have bought it before Shimon)!
2. If Reuven sold to a Nochri, the law does not apply - a Nochri is not commanded "V'Asisa ha'Yashar veha'Tov".
3. We excommunicate Reuven until he accepts to pay for any damages the Nochri will cause.

(p) If Levi took Yehudah's land as Mashkanta (collateral for a loan) and then bought it, the law of Bar Metzra does not apply.

1. (Rav Ashi): 'Mashkanta' - it is Shechuna (dwelling) by him.
2. Question: What do we learn from this?
3. Answer: The law of Bar Metzra does not apply (the lender is considered the closest neighbor).

(q) If Reuven sells land far from his house or poor land, in order to buy closer or better land, the law of Bar Metzra does not apply (to what he buys - we will not hurt him to help the neighbors of the seller).
(r) If one sells land to get money for the head-tax, food or burial, the law of Bar Metzra does not apply (these are urgent, he need not wait to inform the neighbors);

1. (Chachamim of Nehardai): We sell orphans' property without waiting the normal time to announce this (to get the best price) to get money for the head-tax, food or burial.

(s) One who sells to a woman, orphans or his partner - the law of Bar Metzra does not apply (it is hard for women and orphans to buy land; a partner is considered the closest neighbor, since he owned half).

(a) Version #1 (Rashi): Reuven is selling a field, Shimon and Levi want to buy it (neither has the adjoining property). If Shimon's house (in the city) is near Reuven's house, and Levi's field is near Reuven's field, Shimon has precedence.
(b) Version #2 (Tosfos): Reuven is selling a field, Shimon and Levi want to buy it (each owns an adjoining field). If Shimon's field borders the city and Levi's field is further from the city, Shimon has precedence.
(c) (Rashi - also the next cases are when the buyers do not have adjoining property; Tosfos ha'Rosh - they have adjoining property.)
(d) If a neighbor and a Chacham want to buy, the Chacham has precedence; if a relative and a Chacham want to buy, the Chacham has precedence.
(e) Question: If a relative and a neighbor want to buy, who has precedence?
(f) Answer: "Tov Shachen Karov me'Ach Rachok".
(g) If the neighbor offers bad coins and someone else offers good coins, the law of Bar Metzra does not apply.
(h) If the neighbor sent a wrapped and sealed bundle of coins to buy the land, and someone else sent loose coins, the law of Bar Metzra does not apply (the seller is afraid to open the wrapped coins, lest the neighbor claim that there were more).
(i) If the neighbor needs time to raise the money (and someone else has the money ready), the seller need not wait for him;

1. If the neighbor asks for time to bring the money - if we estimate that he may have the money already, we wait for him; if not, not.

(j) If Reuven's house is built on Shimon's property: if Reuven sells his house, Shimon has first precedence to buy it;

1. If Shimon sells his land, Reuven does not have first precedence to buy (Rashi - since he does not own the house permanently; Rambam - the case is, Reuven's allotted time has expired).

(k) If Reuven owns date trees on Shimon's land (for a fixed time or until they dry out): if Reuven sells his trees, Shimon has first precedence to buy;

1. If Shimon sells his land, Reuven does not have first precedence to buy.

(l) If the neighbor wants to buy the land for farming and someone else wants to build a house on it, the law of Bar Metzra does not apply (settlement has precedence);
(m) If rocky land or a dense row of date trees separates between the neighbor and the land for sale: if one can plow a row (from one field to the other) without have to stop (because of the trees) , the law of Bar Metzra applies; if not, not.
(n) If one of the four neighbors (on the four sides) bought first, he keeps the entire land;

1. If they come together to buy, we split the land along the diagonals, each neighbor gets the quarter bordering his property.