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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 17
1) SOME REWARDS OF THE GREATEST TZADIKIM
(a) (Beraisa): Hash-m gave three people a taste of the world
to come: Avraham, Yitzchak and Yakov.
1. They were blessed with "Ba'kol", "Mi'Kol", and "Kol"
respectively.
2. This also shows that these are the only three over
whom the evil inclination did not rule.
3. Some say, also David was not under its rule -
"V'Libi Chalal b'Kirbi".
i. The first Tana says, David merely expressed his
pain.
(b) (Beraisa): The angel of death did not rule over six
people: Avraham, Yitzchak and Yakov (as above), and
Moshe, Aharon and Miryam who died "Al Pi Hash-m".
(c) Question: It does not say "Al Pi Hash-m" by Miryam!
(d) Answer (R. Elazar): A Gezeirah Shavah "Sham-Sham" teaches
that Miryam also died through Hash-m's kiss!
1. It is not fitting for the Torah to say this, so it
did not.
(e) (Beraisa): Seven people were not consumed by worms after
death: Avraham, Yitzchak, Yakov, Moshe, Aharon and Miryam
(as above), and Binyamin ("Yishkon la'Vetach").
(f) Some say, also David - "Ach Besari Yishkon la'Vetach".
1. The first Tana holds that this was a request for
mercy.
(g) (Beraisa): Four people died only on account of (Adam's
sin through) the snake: Binyamin, Amram, Yishai, and
David's son Kalev.
1. It says "Avigayil Bas Nachash", even though she was
Yishai's daughter, to teach that he only died on
account of the snake.
2. We have a tradition about the other three.
***** PEREK LO YACHPOR *****
2) DISTANCING TO PREVENT DAMAGE
(a) (Mishnah): Reuven may not dig a (round) pit close to his
neighbor's pit, nor may he dig a long or roofed pit, or
an irrigation channel, or a laundry ditch, unless he
distances three Tefachim (handbreadths) from his
neighbor's pit, and plasters the wall of the pit;
(b) Reuven must distance the refuse of olives, manure, salt,
lime, and rocks three Tefachim from his neighbor's wall,
and apply plaster;
(c) He cannot plant seeds, plow, or put urine within three
Tefachim of his neighbor's wall;
(d) A millstone - the lower stone must be distanced three
Tefachim, the upper stone will be four Tefachim away;
(e) An oven - the bottom must be distanced three Tefachim,
the top will be four Tefachim away.
17b---------------------------------------17b
(f) (Gemara) Question: The Mishnah first says, he must
distance from a pit; then it says, from the wall!
(g) Answer #1 (Abaye): It means, from the wall of his pit.
(h) Question: Why doesn't it just say, he distances three
Tefachim from his neighbor's pit?
(i) Answer: The Mishnah teaches that the wall of a pit should
be three Tefachim.
1. This is relevant to commerce.
2. (Beraisa): One who sells a pit and its wall - the
wall must be three Tefachim.
3) DISTANCING FROM THE BORDER
(a) (Abaye): Reuven may dig a pit at the edge of his property
if his neighbor does not have a pit nearby;
(b) (Rava): No, he must distance three Tefachim from the
border.
(c) Version #1: In a type of field in which people generally
dig pits, all agree that he must distance from the
border;
(d) They argue when it is the type in which people generally
do not dig pits.
1. Abaye allows him to dig at the edge, for in such a
field, we do not expect that the neighbor will want
to dig a pit (nearby);
2. Rava says that he must distance three Tefachim from
the border - just as Reuven decided to dig a pit in
such a field, perhaps his neighbor will also want
to.
(e) Version #2: In a type of field in which people do not
generally dig pits, all agree that he may dig up to the
border;
(f) They argue when it is the type in which people generally
dig pits.
1. Abaye allows him to dig at the edge.
i. Even Chachamim, who say that one cannot plant a
tree within 25 Amos of a neighbor's pit - that
is only by an existing pit; here, there is no
pit when he is digging;
2. Rava says that he must distance three Tefachim from
the border.
i. Even R. Yosi, who says that just as Shimon may
dig in is his own property, his neighbor may
plant in his own property, and need not
distance himself - that is only by planting,
because the roots which will cause the damage
are not present when he plants;
ii. Here, every shovel full of dirt excavated
softens the neighboring land, so he must
distance himself.
(g) (Mishnah): A man may not dig a pit near his neighbor's
pit ...
1. We infer, this is only because his neighbor has a
pit there; if not, he would not have to distance
himself!
(h) Version #1: This fits well according to the second
version, in a type of field in which people do not
generally dig pits, all agree that he may dig up to the
border;
1. The Mishnah deals with a field in which people
generally do not dig pits.
(i) According to the first version, they argue by a field in
which people generally do not dig pits.
(j) The Mishnah fits well according to Abaye (it is such a
field).
(k) Question: The Mishnah is difficult for Rava!
(l) Answer (Rava): Abaye himself taught, the Mishnah says
that Reuven must distance himself from the (potential)
wall of his neighbor's pit (i.e. even if he is the first
to dig).
(m) Version #2: (Abaye): The Mishnah says that Reuven must
distance himself from the (potential) wall of his
neighbor's pit (i.e. even if he is the first to dig).
1. This fits well according to the first version (of
the dispute between Abaye and Rava) - in a type of
field in which people generally dig pits, all agree
that he must distance himself;
i. The Mishnah deals with a field in which people
generally dig pits.
2. According to the second version, they argue by a
field in which people generally dig pits.
3. The Mishnah fits well according to Rava (it is such
a field).
4. Question: The Mishnah is difficult for Abaye!
5. Answer (Abaye): The Mishnah is a case in which both
neighbors come to dig pits at the same time
(therefore, each must distance himself).
(n) (Beraisa): One who wants to dig a pit in land in which
the dirt is brittle must distance himself three Tefachim
and plaster (this refutes Abaye in Version 2)!
(o) Answer: This is no refutation - brittle dirt has a
different law!
1. Question: Obviously, the Beraisa chose the case for
this reason - what did the one who asked the
question think?
2. Answer: He thought that the Beraisa chose the case
of brittle dirt to show that even then, it suffices
to distance three Tefachim.
(p) (Mishnah): One must distance the refuse of olives,
manure, salt, lime, and rocks three Tefachim from his
neighbor's wall, and apply plaster.
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