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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 26
BAVA BASRA 26 - dedicated by Mr. N. Brown, a devotee of the Torah who is
Mekadesh Shem Shamayim in Rechavya, Yerushalayim. May the Torah always
protect and uplift his entire family!
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1) DAMAGE AIDED BY THE WIND
(a) When people of Bar Meryon's house combed flax, the chaff
would fly off and damage people; people complained.
(b) (Ravina): R. Yosi admits regarding Giri Dilei - but that
is when he set the damager in motion; here, the wind
takes it!
(c) Question #1 (Mar bar Rav Ashi and Mereimar): But
regarding Shabbos, one is liable for winnowing, even
though the wind helps him (here also, it is considered
his action)!
(d) Question #2 (against Ravina): Why is this different than
when the wind carries a spark from a hammer, there the
smith is liable!
(e) Answer (to Question #2): The smith is happy that the
spark leave his shop (so it does not cause a fire there);
regarding flax, the owners do not need the chaff to fly
away.
2) DISTANCING TREES
(a) (Mishnah): Reuven must distance his tree four Amos from
Shimon's field;
1. Vines have the same law as trees.
(b) If there is a fence in between, each may plant up to the
fence.
(c) If the roots of Reuven's tree are in Shimon's field,
Shimon may cut them up to three Tefachim deep, so they
will not impede his plow;
1. If Shimon digs a pit, he may cut whatever roots he
encounters; the (cut) roots are his.
(d) (Gemara - Beraisa): He must distance four Amos, because
this amount is needed to tend to a vineyard.
(e) Version #1 (Shmuel): This is only in Eretz Yisrael, but
in Bavel, two Amos are enough.
(f) Support (Beraisa): Reuven must distance his tree two Amos
from Shimon's field;
1. Question: But the Mishnah requires him to distance
four Amos!
2. Answer: The Mishnah gives the law in Eretz Yisrael,
the Beraisa gives the law in Bavel.
(g) Version #2 (Mishnah): Reuven must distance his tree four
Amos from Shimon's field;
(h) Contradiction (Beraisa): He must distance his tree two
Amos.
(i) Resolution (Shmuel): The Mishnah gives the law in Eretz
Yisrael, the Beraisa gives the law in Bavel.
(j) Rava bar Rav Chanan had date trees bordering on Rav
Yosef's vineyard. Birds came to the trees and descended
to the vines, damaging them.
1. Rav Yosef: Cut your trees!
2. Rava: But I kept the proper distance!
3. Rav Yosef: A greater distance is required for vines.
4. Rava: I will not cut them, for Rav forbids cutting a
tree that produces a Kav of dates;
i. R. Chanina said that his son died because his
son cut a fig tree prematurely.
ii. If you want to cut, I permit you!
(k) Rav Papa had date trees bordering on Rav Huna brei d'Rav
Yehoshua's property; he saw Rav Huna digging and cutting
the roots; he asked why he was doing this.
1. Rav Huna: The Mishnah says, if Reuven's roots in
Shimon's field, he may cut them up to three Tefachim
deep, so they will not impede his plow.
2. Rav Papa: You are cutting deeper than three
Tefachim!
3. Rav Huna: I am digging a pit; the Mishnah says, if
he digs a pit, he may cut whatever roots he
encounters; the roots are his.
4. Rav Papa tried bringing many proofs, only the
following dissuaded Rav Huna.
26b---------------------------------------26b
5. (Rav Yehudah): (Rav Yehudah): It is forbidden to
ruin a path which the public has been using.
6. Rav Huna (after Rav Papa): I should have answered,
the Chazakah is only within 16 Amos (the tree is fed
from those roots), past that I may cut!
(l) (Mishnah): If Shimon digs a pit, he may cut whatever
roots he encounters; the roots are his.
(m) Question (Yakov Hadayva): Who gets the roots?
(n) Answer (Rav Chisda - Mishnah): If Levi's roots enter
Hekdesh's field, it is forbidden (mid'Rabanan) to benefit
from them; if one benefited, he did not transgress
Me'ilah.
1. If we say that the roots belong to the tree's owner,
we understand why there is no Me'ilah;
2. But if they belong to the owner of the field, there
should be Me'ilah!
(o) Question (end of the Mishnah): If roots of a Hekdesh tree
enter Levi's field, it is forbidden to benefit from them;
if one benefited, he did not transgress Me'ilah.
1. If the roots belong to the tree's owner, there
should be Me'ilah!
(p) Answer #1: The Mishnah speaks of what grew after the tree
was Hukdash; the Tana holds that Me'ilah does not apply
to what grows from Hekdesh (therefore, we cannot settle
Yakov's question from the Mishnah of Me'ilah).
(q) Answer #2 (Ravina): The first clause speaks of roots
within 16 Amos, these belong to the tree's owner;
1. The second clause speaks of roots beyond 16 Amos,
they belong to the owner of the field.
3) THE AREA FROM WHICH TREES NURTURE
(a) (Ula): If Reuven's tree is within 16 Amos of Shimon's
property, he is a thief (it nurtures from Shimon's
property), he does not bring Bikurim from it.
(b) Question: What is Ula's source?
1. Suggestion (Mishnah): (Normally, we add on to
Shemitah and prohibit some labors in the previous
year.) If ten saplings are spread over a Beis Se'ah
(a field in which one seeds a Se'ah), one may plow
the entire Beis Se'ah for the sake of the trees
until Rosh Hashanah.
2. Rejection: A Beis Se'ah is 2500 (square) Amos, i.e.
250 Amos for each tree;
i. According to Ula, each tree nurtures from 16
Amos in each direction, i.e. a square of 32 by
32 Amos, its area is 1024 (square) Amos!
(c) Answer (Mishnah): Three (adult) trees in a Beis Se'ah are
owned by three people - we may plow the entire Beis Se'ah
for the sake of the trees (until Shavu'os).
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