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1) DISTANCING FROM DAMAGE

(a) Question: (Against Rava in the first version): We infer, if his neighbor did not have a wall there, he would not have to distance himself!
(b) Answer: No, even if there is no wall there, he must distance himself.

1. Question: If so, why did the Mishnah teach these cases?
2. Answer: It teaches that these things damage walls.

(c) (Mishnah): He cannot plant seeds, plow, or urinate within three Tefachim of his neighbor's wall.
(d) Question: (Against Rava in the first version): We infer, if his neighbor did not have a wall there, he would not have to distance himself!
(e) Answer: No, even if there is no wall there, he must distance himself.

1. Question: If so, why did the Mishnah teach these cases?
2. Answer: It teaches that moisture damages walls.

(f) (Mishnah): A millstone - the lower stone must be distanced three Tefachim, the upper stone will be four Tefachim away;
(g) Question: (Against Rava in the first version): We infer, if his neighbor did not have a wall there, he would not have to distance himself!
(h) Answer: No, even if there is no wall there, he must distance himself.

1. Question: If so, what does the Mishnah teach?
2. Answer: It teaches that making the ground shake damages walls.

(i) (Mishnah): An oven - the bottom must be distanced three Tefachim, the top will be four Tefachim away.
(j) Question: (Against Rava in the first version): We infer, if his neighbor did not have a wall there, he would not have to distance himself!
(k) Answer: No, even if there is no wall there, he must distance himself.

1. Question: If so, what does the Mishnah teach?
2. Answer: It teaches that heat damage walls.

(l) (Mishnah): A man may not open a bakery or dyer's store or cattle pen under someone else's storehouse.
(m) Question: (Against Rava in the first version): We infer, if there was not a storehouse there, he would be allowed!
(n) Answer: We are more lenient for necessities of living.

1. Support (End of the Mishnah): If the cattle pen preceded the storehouse, he may keep it there.

(a) (Mishnah): One may not plant a tree within four Amos of his neighbor's field.

1. (Beraisa): Four Amos is the amount needed for upkeep of a vineyard.

(b) Question: (Against Rava in the first version): We infer, if not for this, he would not have to distance himself, even though the roots will damage!
(c) Answer: No, the case is, a deep rock separates the fields (and the roots will not penetrate).
(d) (Mishnah): If there is a wall between the fields, each may plant close to the wall.
(e) Question: (Against Rava in the first version): He does not have to distance himself, even though the roots will damage!
(f) Answer: Here also, a deep rock separates the fields.

1. Question: From the end of the Mishnah, we see that no rock separates the fields!

i. (Mishnah): If the roots entered his neighbor's field, the neighbor may cut them up to three Tefachim below the ground, so it should not impede his plow.

2. Answer: The Mishnah means, if no rock separates the fields, and the roots entered his neighbor's field, the neighbor may cut them up to three Tefachim below the ground, so it should not impede his plow.

(g) (Mishnah): One may not plant a tree within 25 Amos of his neighbor's pit.
(h) Question: (Against Rava in the first version): We infer, if his neighbor did not have a pit there, he would not have to distance himself!
(i) Answer: No, even if there is no pit there, he must distance himself.

1. The Mishnah teaches that roots can damage a pit up to 25 Amos away.

(j) Question: But the end of the Mishnah teaches, if the tree preceded the pit, it may not be cut down - if one must distance himself even when there is no pit there, how was he allowed to have the tree close?
(k) Answer: As Rav Papa said (elsewhere) - when Reuven planted the tree, he owned the nearby field; later, he sold it.

(a) (Mishnah): We distance soaking water (of flax) from vegetables, and leeks from onions, and mustard from bees.
(b) Question: (Against Rava in the first version): We infer, if his neighbor did not have vegetables there, he would not have to distance himself!
(c) Answer: No, even if there are no vegetables there, he must distance himself.

1. The Mishnah teaches that these things damage one another.

(d) Question: But the end of the Mishnah teaches otherwise!

1. (Mishnah - R. Yosi): One may plant mustard near his neighbor's bees - he can say, rather than tell me to distance my mustard, distance your bees, for they eat the stems of my mustard plants!

2. If one must distance himself even when there is no pit there, how was he allowed to have the tree close?

(e) Answer (Rav Papa) - when Reuven set up the soaking pit, leeks or mustard, he owned the nearby field; later, he sold it.
(f) Question: If so, why do Chachamim say that he must distance himself?

1. This question also applies to R. Yosi, who agrees in the first two cases.

(g) Answer #1 (Ravina): Chachamim hold, the potential damager must distance himself.

1. We infer, R. Yosi holds that the one who stands to be damaged must distance himself!
2. Objection: If so, in all three cases R. Yosi should not require him to distance himself!

(h) Answer #2: Really, R. Yosi agrees that the damager must distance himself.

1. He agrees regarding water and leeks, since these damage (vegetables and onions) but are not damaged.
2. Regarding mustard, since the bees also damage the mustard, one need not distance his mustard from the bees.
3. Chachamim hold that bees do not damage mustard.

i. They do not find the seeds;
ii. Although they eat the leaves, they grow back.

(i) Objection: R. Yosi does not hold that the damager must distance himself!

1. (Mishnah - R. Yosi): Even though the pit preceded the tree, we do not cut down the tree - the owner of the pit digs in his field, and the owner of the tree plants in his field!

(j) (Defense of Answer #1): Really, R. Yosi holds that the one who stands to be damaged must distance himself.

1. He addresses Chachamim according to their position.

i. R. Yosi: I hold, the one who stands to be damaged must distance himself, even regarding soaking water and vegetables;
ii. Granted, in such a case, you hold that the damager must distance himself, since he damages but is not damaged;
iii. You should admit by bees and mustard, that neither must distance himself, for each damages the other!

2. Chachamim hold that bees do not damage mustard.

i. They do not find the seeds;
ii. Although they eat the leaves, they grow back.