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 Sun, 22 Jan 2017 03:00:00 -0800 240 Bava Metzia 119 - SUMMARY If a tree sprouts out of the roots of another tree it is Chayav in Orlah. (1) If the tree sprouts from the bark of the other tree according to R. Me'ir it is Chayav on Orlah and according to R. Yehudah it is Patur from Orlah. (2) If there are two adjoining gardens and one is on higher ground than the other and a vegetable is growing on the incline between the two gardens R. Shimon says that if the vegetable was within arms reach of the upper garden it belongs to him and if not it belongs to the lower garden. Dvei R. Yanai says the vegetable only belongs to the upper garden according to R. Shimon if he doesn't have to extend himself to reach it. It is a a Safek according to R. Shimon if the vegetable belongs to the upper garden if he could reach only the roots or only the only the upper part but not the roots if the vegetable belongs to the upper garden.
 
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1. Although the tree it is growing from is more than three years old and is Patur from Orlah however the new tree that grows from its roots is regarded as a separate tree and is Chayav in Orlah 2. R. Me'ir holds that the new tree that grows from its bark is regarded as a separate tree and is Chayav in Orlah, while R. Yehudah holds that it is it is considered a branch of the tree that it is growing from and it is Patur from Orlah.

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Bava Metzia 119 - INSIGHTS SHAVOR MALKA The Gemara states that they said over in front of King Shavor the Din of R. Shimon and he praised it. Rashi says this is a reference to King Shavor who was the Persian King. The Maharitz Chiyus asks that it is forbidden to teach words of Torah to a non-Jew. The Maharitz Chiyus answers that it is permitted to teach him Torah with regards to the Sheva Mitzvos Bnei Noach and the Gemara states in Sanhedrin that the Dinim are one f the seven Mitzvos and the Din of R. Shimon is included in Dinim.

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Bava Metzia 119 - HALACHA DISPUTED VEGETABLE If there are two adjoining gardens and one of them is on higher ground than the other and a vegetable is growing on the incline if the vegetable can be reached from the upper garden and pulled out from its roots without extending himself it belongs to him and if not it belongs to the lower garden. Even if the entire incline can be reached from the upper garden anything that is growing within three Tefachim of the lower garden belongs to the lower garden. If the upper garden can reach the vegetable but can’t reach the roots he may not take it but if he takes the vegetable it is not be taken from him. (Shulchan Aruch CM 167:1)

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Bava Metzia 119 - LAMDAN If there are two adjoining gardens and one is on higher ground than the other and a vegetable is growing on the incline between the two gardens R. Shimon says that if the vegetable was within arms reach of the upper garden it belongs to him and if not it belongs to the lower garden. Rashi says that if he can’t reach it belongs to the lower garden because he is Mafkir it. Why is the owner of the lower garden Koneh when the Hefker? Author’s Comment on Yesterday's Lamdan The Ba’al ha’Bayis is responsible for the wages since he hired him regardless of the fact that he hired him to work on Hefker and not on his own field, however the prohibition of Bal Talin doesn't apply since he is not working for him and when the prohibition of Bal Talin doesn't apply he is not obligated to pay him cash. (Pischei Teshuvah)

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Bava Metzia 118 - SUMMARY If a person’s wall collapses into the garden of his friend he has no right to tell his friend that the stones are his and he should clean up the stones himself. If his friend agrees to keep the stones and clean it up himself the owner of the wall doesn't have the right to change his mind and take back the stones even if he pays for the expenses of the cleanup. If someone hires a worker to collect straw he has no right to tell the worker to take the straw for his payment. If the worker already agreed to take straw for his payment the employer doesn’t have the right to change his mind and pay the employee for his work and take the straw for himself. If an olive press is built into a rock and there is a garden on top of it which is owned by someone else if the bottom of the garden caves in the owner may plant instead in the olive press until the owner of the olive press builds supports for his garden. If only four Tefachim of the garden collapsed Rav holds the owner may plant on four Tefachim of the olive press while Shmuel holds that he may plant entirely in the olive press. (1) If someone rents a house and four Tefachim of the floor caves in Rav holds he may use the only a space of four Tefachim on the first floor, while Shmuel holds he may move in completely on the first floor because we can’t force someone to live on two different floors.. If the Bais Din condemned his wall or tree and gave him a certain amount of time to take it down, if it falls and causes damage within the allotted time he is Patur but if it falls after the time is up he is Chayav. If someone hires a worker to work for him and he directs him to his friend’s field he must pay him his full wages and he may collect from his friend the amount of his benefit. If someone hires a worker to work for him or to weed his friend for him if the worker finds a Metzi’ah it belongs to the worker. If he hires the worker to do Melachah for him if he finds a Metzi’ah it belongs to the Ba’al ha’Bayis. (2) If a person hires a worker to collect straw from Hefker he may not tell him to collect his wages from the straw but if he hired him to guard the straw he may tell him to collect his wages from the straw. (3) The guards of spontaneously grown produce of Shvi’is of Hekdesh that is to be used for the purpose of the Minchas ha’Omer or the Shtei ha’Lechem receive wages from the Terumas ha’Lishka. R. Yosi says if the guard wants to do voluntary work for Hekdesh and forfeit his wages he may do so, while the Tana Kama disagrees Ravin says in the name of R. Yochanan that the Tana Kama holds that the guard may not do voluntary work because of the concern that it will not become public knowledge that it is Hekdesh and bullies will steal the produce. The Tana of the Mishnah says that fertilizer may be brought into Reshus ha’Rabim only momentarily R. Yehudah says at the time that people take out the fertilizer it is permitted to place fertilizer in Reshus ha’Rabim so it will be stepped on by people and animals because it was with this condition that Yehosuha inherited the land. It is forbidden to soak cement or make bricks in the Reshus ha’Rabim, however it is permitted to mix cement in the Reshus ha’Rabim. (4) If someone builds in the Reshus ha’Rabim he should build immediately after the stones are brought to the Reshus ha’Rabim and if the stones cause damage he is Chayav to pay. R. Shimon Ben Gamli'el says a person may prepare his work in Reshus ha’Rabim and if it causes damage he is Patur. R. Yehudah says if someone places his Ner Chanukah in Reshus ha’Rabim and it causes a fire he is Patur since he brought it out with Rehsus. If someone places a Tanur (large oven) on the second story of a house there must be three Tefachim of plaster underneath it and if for a Kira (small oven) there must be at least one Tefach of plaster, but if it causes a fire he is Chayav to pay. R. Shimon argues and he holds that if there is the requisite amount of plaster underneath the over and it causes a fire he is Patur from paying. If a person who quarried a stone from the mountain broke the stone he is Chayav, if he gave it to the chiseler of the stone the stone and he broke it he is Chayav. If the stone was given to the donkey driver who brings the some to a construction site and he broke it he is Chayav, if he gave it to the person who passes the stone to the construction worker and he breaks it he is Chayav. If the stone was given to the construction worker and he breaks it he is Chayav, if the stone was broken by the foreman he is Chayav. If after the stone was placed in the wall it fell and broke if the workers are paid for the finished product and not by the day they are all Chayav, but if they are paid by the day only the foreman is Chayav. (5) If there are two adjoining gardens and one is on higher ground than the other and a vegetable is growing on the incline between the two gardens R. Me'ir says it belongs to the upper garden because if he would take away his earth the vegetable would not grow. R. Yehudah says it belongs to the lower garden because if he would fill his garden with earth the vegetable would cease to exist. R. Shimon says that if the vegetable was within arms reach of the upper garden it belongs to him and if not it belongs to the lower garden. (6) Rava says that everyone agrees that the root of the vegetable belong to the upper garden and the Machlokes between R. Yehudah and R. Me'ir is only with regards to the remainder of the vegetables. If a person buys one tree in his friend’s land and another tree grows from its roots it belongs to the owner of the land. If another tree grows from the bark of the tree according to R. Me'ir it belongs to the owner of the land and according to R. Yehudah it belongs to the owner of the tree.
 
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1. Rav holds that although the owner of the garden will be forced to plant on two separate levels he may not take over the entire olive press, while Shmuel holds we can’t force him to plant on two different levels.. 2. Since he hired him to do Melachah and picking up a Metzi’ah is also a Melachah the hand of the worker is like the hand of the Ba’al ha’Bayis and the Ba’al ha’Bayis is Koneh the Metzi’ah. 3. If he hired him to collect straw of Hefker the Ba’al ha’Bayis is Koneh the straw and therefore he must pay him cash for his wages just as he is obligated to pay cash to any other worker, however if he hired him to guard the straw since the straw is Hefker and he is not Koneh the worker is working for Hefker and not for the Ba’al ha’Bayis and therefore he may tell him to collect his wages from the straw of Hefker. 4. It is forbidden to soak cement or make bricks in the Reshus ha’Rabim because it must be kept there for a long time, however mixing cement is permitted because it doesn't take a long time. 5 If they are paid a fixed sum for the finished building they all have a stake in the building being finished and therefore they are all considered a Shomer on the stone until the building is finished and they are Chayav, however if the stone broke while it was being handled by one of them only he is Chayav because he is an Adam ha’Mazik and when someone damages something with his own hands he is the only one who is Chayav. However, if they are being paid by the day they do not have a stake in the finished building therefore they are not considered a Shomer and they are only Chayav if the stone is damaged while it was in their hands. 6. R. Shimon holds like R. Me'ir that the vegetable belongs to the upper garden, however he holds that if it is not within arms reach because it is a disgrace for him to have to ask permission from the owner of the lower garden to enter his garden in order to take the vegetable.

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Bava Metzia 118 - INSIGHTS A CONDEMNED WALL If the Bais Din condemned his wall or tree and gave him a certain amount of time to take it down, if it falls and causes damage within the allotted time he is Patur, but if it falls after the time is up he is Chayav. The Shita Mekubetzes explains that Bais Din never gives someone more than thirty days to carry out a directive of Bais Din. However, with regards to a potential danger such as a very high wall that is estimated to collapse in fifteen days or less the Bais Din may force him to take it down with very short notice. If he fails to do so the Bais Din will hire workers to take it down and will sell the stones in order to pay the workers. .

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Bava Metzia 118 - HALACHA GUARDING HEFKER If someone hires a worker to do work on his field or to collect something that is Hefker he may not tell him to take what you worked on for your wages, but if the worker agreed to take out for his wages the employer may not retract if the worker made a Kinyan Meshichah or Hagba’ah or if it is in his Reshus. If he hired him to guard something that is Hefker he may tell him to take what he worked on for his wages because the Ba’al ha’Bayis had not yet been Zocheh in it and the worker may go ahead and be Zocheh in it. (Shulchan Aruch CM 337:3, 4)

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Bava Metzia 118 - LAMDAN If a person hires a worker to guard straw of Hefker he may tell him to collect his wages from the straw. Rashi states since the Ba’al ha’Bayis is not Koneh the straw the prohibition of Bal Talin doesn’t apply and the Ba’al ha’Bayis can tell him to collect the straw for his wages. Why is the Ba’al ha’Bayis responsible to pay his wages at all if the worker is working on Hefker and not on the field of the Ba’al ha’Bayis? Author’s Comment on Yesterday's Lamdan Tosfos answers that even though he said that I am renting you the Aliyah on top of the house h may have the right to force him to live on the third floor because the third floor may also considered part of the house.

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Bava Metzia 117 - SUMMARY If someone rents the second floor of a house and the floor caves in he may live on the first floor until it is repaired however it is a Safek if he has exclusive right to live there or if he must share the space with the owner of the house. If the answer to the previous question is that he must share the space with the owner it is a Safek if he may enter straight into the first floor or he must enter through the upper floor and than climb down. (1) If someone was renting a third floor of a house and the floor caved in he has the right to live on the second floor instead. If he was renting the second floor of a three story house and the floor caved in it is a Safek if the owner may tell him to live on the third floor instead. If the plaster on the floor of the upper story of a two story house wears out in and when the resident of the upper floor washed his hands the water caused damage to the resident of the first floor R. Chiya Bar Aba says the owner of the second floor must fix it, while R. Ila’ai says the owner of the first floor must fix it A person must distance his tree twenty five Amos from his neighbor’s well and if it is a carob or sycamore tree he must distance it fifty Amos whether the well is on higher ground than the tree or they are on even ground. (2) If the well was dug before the tree was planted it shall be cut down and the owner of the well must pay for the tree, if the tree was planted first it is not cut down and if we don’t know which was first it is not cut down. R. Yosi holds that even if the well was dug before the tree was planted it is it not cut down because the tree was planted in one property and the well was dug in another property. (3) If someone rents the second floor of a house and the floor caves in he may live on the first floor until both the floor boards and the plaster are repaired according to the Tana Kama because the plaster also provides support for the upper floor. R. Yosi holds that the owner must provide the floor boards while the renter is must provide the plaster because he holds that the plaster in not for the purpose of support but only so that the surface will be even. . If a two story house that is owned by two different people collapses and the owner of the first floor refuses to rebuild the owner of the second floor may rebuild the first story and live there until he is paid his expenses. R. Yehudah says that the owner of the second floor shall build both stories and than he may live in the first story until the owner gives him his expenses because someone who lives in his friend’s house without permission must pay rent even though his friend was not planning on renting out the house. (4) If someone instructs a dyer to dye his wool red and he dyed it black or vice versa R. Me'ir says the dyer is Koneh with a Shinuy and shall pay the owner the value of the non-dyed wool. R. Yehudah holds that he must give the owner the dyed wool and he is paid his expenses or the appreciation of the wool whichever is less. If someone pays part of his debt and deposits the Shtar with a third party and he tells him that if I don’t repay the balance within an allotted time you shall give him the Shtar R. Yosi holds his instructions shall be followed, while R. Yehudah argues. (5) If a two story house that is owned by two different people collapses and the owner of the first story wants to rebuild his walls with stronger material than previously, or with less windows or with lower ceilings he may do so but not vice versa. (6) If the owner of the second floor wants to rebuild the second floor with lighter material than previously or with more windows or a lower ceiling he may do so but not vice versa. (7) If the owners of both stories decide not to rebuild and the owner of the land decides to sell the land according to R. Nasan the owner of the first story receives two thirds of the proceeds of the sale, while the owner of the upper story recieves a third. Acherim says that the owner of the bottom floor receives three quarters of the proceeds while the owner of the upper floor receives a quarter. If an olive press is built into a rock and there is a garden on top of it which is owned by someone else if the bottom of the garden caves in the owner may plant instead in the olive press until the owner of the olive press builds supports for his garden. If a person’s wall or tree falls into the Reshus ha’Rabim and causes damage he is Patur. If the Bais Din condemned his wall or tree and gave him a certain amount of time to take it down if it falls and causes damage within the allotted time he is Patur but if it falls after the time is up he is Chayav.
 
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1. Maybe the owner of the house can tell him just as originally you entered through the top floor so too even now you must enter through the top floor or maybe the renter can say I originally only had to climb up to get into the house but now I will have to climb up and climb down. 2. The roots of a regular tree spread out twenty five Amos and the roots of a carob and sycamore tree spread out fifty Amos and penetrate the walls of the well and cause them to crumble and even if the well is on higher ground the roots penetrate the ground underneath the well and causes the earth on the bottom of the well to crumble. 3. R. Yosi holds a Nizak must distance himself so that he will not be damaged and therefore it is the responsibility of the owner of the well to distance his well from the tree even if the well was dug before the tree was planted, while the Rabanan hold that a Mazik must distance himself so that he will not cause damage. However R. Yosi only holds that the Nizak must distance himself from being damaged in the event of an indirect damage, but in a case of Giri Dilei (a direct damage) he agrees with the Rabanan that the Mazik must distance himself. 4. R. Yehudah holds that if someone benefits from his friend even though his friend doesn't lose anything he must pay and therefore if he doesn't build the second floor since he doesn't have anywhere else to live he is benefiting from his friend’s house and he must pay rent and therefore he must build the second floor and since he now has a place to live he is not benefiting from his friend and he doesn't owe him any rent. 5. R. Yehudah holds that even if he doesn’t repay the balance by the allotted time the Shtar shall not be given back to the lender because it is an Asmachta and an Asmacha is not Koneh. 6.. If he rebuilds with stronger material or with less windows or with a lower ceiling it gives better support for the second floor and also a lower ceiling makes it an easier climb to the second floor. 7. If the second story is rebuilt with lighter materials or with more windows or with a lower ceiling it is less stressful on the first story.

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Bava Metzia 117 - INSIGHTS SHARING LIVING SPACE If a person rents a house and the floor caves in if the Halchah is that he shares the first floor with the owner it is a Safek if he may enter straight into the first floor or he must enter through the upper floor and than climb down. The Chachmas Shlomo asks that there is no logical reason for the owner of the house to make him climb up to the top floor before climbing down to the bottom floor and if he makes him do so it is Midas Sdom since he gains nothing from it. The Chachmas Shlomo answers that the owner of the house gains if he enters trough the top floor because if he enters straight into the bottom floor he will not use the upper floor at all and now that he is forced to first go up to the top floor he might use the top floor to some extent and will not be in the bottom floor as often. Since the owner of the house gains that the renter will not be with as often on the bottom floor it is not Midas Sdom if he makes him enter through the upper floor.

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Bava Metzia 117 - HALACHA TWO ALIYOS If a person is renting a floor of a three story and the third floor caved in the renter may go down and live on the second floor, if the second story caves in it is a Safek if he shall go live on the third floor or he may live on the first floor therefore he shall not live on the first floor but if he moves to the first floor he may not be thrown out. (Shulchan Aruch CM 312:19) If he moved to the first floor with permission from the owner he may not be thrown out, but if he moved in without permission he may be thrown out since it is a Safek if he has the right to live there and the Karka is in the Chazakah of the owner. (Ketzos ha’Choshen)

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Bava Metzia 117 - LAMDAN If a person is renting the second floor of a three story house and it caved in it is a Safek if the owner may tell him to live in the third floor instead. If the owner of the house told him that he was renting him the Aliyah on top of this house how can he force him to live in the third floor? He was Meshabed the bottom floor to his rental! Author’s Comment on Yesterday's Lamdan The Nesivos ha’Mishpat answers that he brought the stones into his Reshus and since he tried to take them it is regarded as a stolen item and it is no longer in the Reshus of the owner.

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