Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Thu, 23 Mar 2017 03:00:00 -0700 240 Bava Basra 61 - SUMMARY Perek HaMocher Es HaBayis 1.  Mishna:  Selling Only The House & Not Extensions 2.  It is a machlokes if a Yetzia is either a low ceiling annex for storage or a glass enclosed veranda.  (1) 3.  Yetzia, Tzela, and Ta all mean the same thing. 4.  If the Yetzia is less than 4 amos it is batel to the house and part of the sale. 5.  A Bor or Dus that is less than 4 amos is not batel to the house, since it use is different than the use of a house and is never part of the sale. 6. A storage room built behind the house is not part of the house, even if it open to the house, and even if the sales contract defines boundaries that include this room.  (2) 7.  If someone sells a house in a compound and defines the boundaries of the compound itself, unless everyone calls a compound a "house" he only sold the house.  (3) 8.  If someone sells a field in a valley full of fields and defines the boundaries of the valley itself, unless everyone calls a valley a "field" he only sold the field.  (4) 9.  When someone sells something he should write in the contract that he is not holding back anything from the sale.  (5) 10.  If a contract says "the sale of a field" it means only one, even if two fields meet that same description.  (6) 11.  "Fields" means only two.  "All fields" means every field he has but excludes orchards and vineyards.  "Zihara" or all my real estate, includes even orchards and vineyards but excludes houses and slaves.
 
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1. According to the Man D'Amar that it is an annex then certainly the veranda is not sold either since that is not used in the same way as a house. However according to R. Yosef who says the Yetzia is a veranda, he would hold that an annex is part of the sale of the house. 2. A storage room is considered less a part of the house than an annex since it is for a different use. The boundaries written are more identifiable although not exact. 3. Even if some people call a compound a house. If he really sold the whole compound he would have written in the contract that "nothing is withheld from the sale". 4. See 3 above. The reason why Raba bar Avuha needed to say both the case of the house and the field is because each one has a chiddush. The house would seem to be different because the use of the house and the compound are not the same, unlike by a field. The field would seem to be different since one field out of many is hard give clear borders whereas the boundaries of the house are easier to define. 5. Otherwise certain things may be excluded from the sale. (see 3 & 4) above. 6. Such as the field I bought from R. Chiya when he bought two fields from R. Chiya. The seller can give the lesser of the two fields.

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Bava Basra 60 - SUMMARY 1.  You may not build an extension adding another dwelling in a Chatzeir HaShutfin, but you may divide you existing house into many dwellings as long as you don't add a private entrance. 2.  Mishna:  Positioning Your Windows and Doors  (1) 3.  Bilam is impressed by the Bnei Yisroel's tznius in the way they set up their tents without openings facing each other.  (2) 4.  You may not widen your door to the Chatzeir because of Tznius, even if it doesn't earn you a larger space in the Chatzeir.  (3) 5.  You may not make two doors out of one even if it doesn't earn you a larger space in the Chatzeir.  (4) 6.  Mishna:  Digging Under The Street, Beams Protruding From Your Property Into The Street 7.  The Machlokes Tanaim whether you can dig a under Reshus HaRabim and make sure it is safely covered, depends on whether we worry about future erosion or not. 8.  You may have a beam jutting out into a Mavui but not a Reshus HaRabim.  (5) 9.  Before paskening that the person must cut his tree overhanging Reshus HaRabim, R. Yannai cut down his own overhanging trees.  (6) 10.  If a person builds a structure leaving space before the street so that beams can protrude, but ultimately does not have a beam protruding, it is a machlokes if he loses his right to do in the future.  (7) 11.  Others hold that he may always use the space for beams and the Machlokes is whether he may move his wall back adjacent the boundary.  (8) 12.  You may rebuild a house with protruding beams if you acquired it that way. 13.  After the Churban we mourn by mixing the plaster with straw when building a home, we leave and amah unplastered opposite the door, we leave one dish off the menu, we leave out one piece of jewelry, we put ashes on the Chosson's head. 14.  We don't mourn too much and don't refrain from meat, wine, fruit, bread, and water. (9) 15.  He who mourns Yerushalayim will be zoche to rejoice in it rebuilding! Hadran Alach Chezkas HaBatim!
 
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1. Do not position your windows or doors opposite another in the Chatzeir. However you may do so from across a Reshus HaRabim. 2. He then said Ma Tovu Ohalecha Yaakov. 3. A door of 2 amos which entitles you to 4 amos in the Chatzeir may not be widened to 4 amos even though you'd still only have the 4 amos. A bigger door makes it less private for the people of the Chatzeir. 4. If you have an 8 amah door which give you 8 amos in the Chatzeir, you may not make it into two 4 amah doors even though it won't entitle you to more space. The more doors the less tznius for the people in the Chatzeir. 5. In a Mavui all the people can be mochel, but in Reshus HaRabim you cannot find everybody and ask them. 6. Reish Lakish says one must fix himself before fixing others. R. Yannai originally thought that the people didn't mind, until he saw that they didn't complain out of respect for him. 7. Machlokes R. Yochanan & Reish Lakish 8. Everyone agrees that once you give a right of passage to the public you may not take it back. The machlokes is whether if you widen a wide path you can take the extra space back. 9. Even though these were things that we used for Avodah in the Bais HaMikdash.

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Bava Basra 59 - SUMMARY 1. Since the banging of iron can ruin an adjacent stone structure, if someone has a chazaka for a stone gutter overhanging your chatzeir, you cannot build below it.  (1) 2.  Most Amora'im hold that if someone's gutter drains into his neighbors property, he may not close it up without his neighbor's consent since he has a chazaka on the water.  (2) 3.  A ladder with less than four rungs is a Sulam Mitzri, and too small to create a chazaka. 4.  In order to create a chazaka for a window, it must be accessible and easy to look out of.  If you can only access it by standing on something else, it is a machlokes.  (3) 5.  The machlokes in the Mishna is talking about a window for watching your field.  A window for light creates a chazaka no matter how small.  (4) 6.  Mishna:  Beams jutting out of a wall need to be at least one tefach to create a chazaka 7.  If a person has a chazaka on a beam protruding four tefachim and is one tefach wide, he may widen it to four tefachim.  (5) 8.  If a person has a bean less than a tefach jutting out of his building into the property of his neighbor, the property owner can use it even if the building owner protests.  (6) 9.  In the above case it is a Machlokes if the property owner can protest the use of the beam by the building owner.  (7) 10.  Mishna:  Opening Windows and Doors to a Chatzeir HaShutfin 11.  Although a Chatzeir of Shutfin is not private, you may not open up a new window in your house facing the Chatzeir, because then there is no privacy even if no one is in the Chatzeir. 12.  If someone opens a window to the Chatzeir, it is a Machlokes if he gets a chazaka immediately or only after 3 years.
 
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1. Even though it is your property. According to one pshat in the Rashbam you may build underneath a stone spout. According to the second pshat you may not build under a stone spout but the mishna is talking about most spouts that are made of wood and therefore according to R. Yirmiya b. Abba it is permissible to build. 2. One has a chazaka to keep the gutter and the other to receive the water. Only R. Chama argues with his father R. Bisa and his son R. Oshaya as well as Shmuel and says it can be closed without permission. 3. According to Rebbi Zeira that it must be less than 4 amos from the floor. Rebbi Ila'a says even if you can only see through it by standing on a chair. 4. Since it is made to be there permanently, he should have made a Micha'a. 5. Since he already has a chazaka to go 4 tefachim deep and less than 4 x 4 is not considered a "Makom". 6. There is no Hezeik Re'ia since he cannot see into the building by standing on it. Nor do we care that the building owner cannot use it if his neighbor is since he has no right to keep it there in the first place. 7. Theoretically he can use the beam without looking into the chatzeir, however he has an excuse to do so claiming that he was scared of falling. It is a machlokes if using it causes Hezeik Re'ia.

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