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1) LAWS OF PATHS

(a) Question: If so, why does he lose the path he gave - let him say, 'Take your path, give me back mine'!
(d) Answer: Our Mishnah is R. Eliezer.

1. (Beraisa - R. Yehudah citing R. Eliezer): If the public chose a path (in Reuven's property), they keep it.

(e) Question: Are the public robbers?!
(f) Answer (Rav Gidal citing Rav): The case is, they had a path in Reuven's land, and it was lost.
(g) Question: (If so, surely they keep it -) but Rabah bar Rav Huna taught in Rav's name, the Halachah does not follow R. Eliezer!
(h) Answer: These Amora'im argue about Rav's opinion (he did not say both teachings).
(i) Question: According to Rabah bar Rav Huna, what is the reason in our Mishnah (presumably, it is not like R. Eliezer, for the Halachah does not follow him)?
(j) Answer: As Rav Yehudah taught - one may not reclaim any property that is used as a public thoroughfare.
(k) Question: According to R. Eliezer, how does the public acquire the path?
(l) Answer: By walking on it.

1. (Beraisa - R. Eliezer): If Reuven walked the length and width of Shimon's field, he acquires where he walked;
2. Chachamim say, walking does not acquire, he must make Chazakah.

(m) Question: What is R. Eliezer's source?
(n) Answer: "Hishalech ba'Aretz l'Arkah ul'Rachbah Ki Lecha Etnanah".

1. Chachamim say, that was on account of Hash-m's love for Avraham, He wanted that it should be easy for Avraham's descendants to conquer it (it will be like an inheritance).

(o) (R. Yosi b'Rebbi Chanina): Chachamim admit to R. Eliezer regarding a path in a vineyard - because it is exclusively for walking, it is acquired through walking.
(p) When people would come to R. Yitzchak bar Ami (Rashbam - regarding a sale of a path in a vineyard; R. Chananel - regarding one who lost the path to his field), he would give a path wide enough to carry a load of vines and turn around;

1. Version #1 (Rashbam): This is only if there are walls on both sides of the path - if not, it suffices to give a path wide enough to walk on (the bundle can hang over the sides).
2. Version #2 (Tosfos): This is only if there are not (low) walls on both sides of the path - if there are, he only gets between the walls (the bundle can hang over the walls).

(a) (Mishnah): A private road is four Amos.
(b) (Beraisa - Others): He gets enough to enable a loaded donkey to pass.
(c) (Rav Huna): The Halachah follows Others.
(d) (Beraisa - Judges of Bavel): The path is only two and a half Amos wide.
(e) (Rav Huna): The Halachah follows Judges of Bavel.
(f) Question: But Rav Huna ruled like Others!
(g) Answer: Two and a half Amos is what is needed for a loaded donkey to pass.
(h) (Beraisa): A public road is 16 Amos.
(i) (Beraisa): A private road is four Amos; an intercity road is eight Amos; a public road is 16 Amos; a road to a city of refuge is 32 Amos.

(j) (Rav Huna): We learn from "Tachin Lecha ha'Derech" - the extra 'Hei' teaches to add the width of a normal path.
(k) (Mishnah): There is no limit to the road for a king.
(l) This is because the king may breach fences to make a path for himself.
(m) (Mishnah): There is no limit to the road for a funeral procession.
(n) This is on account of the honor of the deceased.

(a) (Mishnah): Judges of Tzipori say, we allow an area of Beis Arba'ah Kavim for a Ma'amad.
(b) (Beraisa): If one sells (the place reserved for) his grave, the path to it, the place of his Ma'amad and eulogy, his family can bury him there against the will of the buyer.
(c) (Beraisa): We make at least seven Ma'amados and Moshavos for a deceased, corresponding to the seven 'Havalim' (follies) in the first verse of Koheles - "Havel Havalim..."
(d) Question (Rav Acha brei d'Rava): How are they done?
(e) Answer (Rav Ashi - Beraisa - R. Yehudah): In Yehudah, they used to make at least seven Ma'amados and Moshavos, e.g. 'Stop, dear ones, stop; wait, dear ones, wait'.

1. Chachamim: If so, it should be permitted even on Shabbos!

(f) Rami bar Papa's sister was married to Rav Avya; she died. Rav Avya made a Ma'amad and Moshav for her.

(g) (Rav Yosef): He made two mistakes:

1. We only make Ma'amados and Moshavos with relatives (who are not Avelim (mourners)), he made with strangers;
2. We only do so on the day of burial, he did so on the next day.

(h) (Abaye): He also erred by making it in the city, we only make it in the cemetery.
(i) (Rava): He also erred by making it where it was not the local custom.
(j) Question (Beraisa - Chachamim): If so, it should be permitted even on Shabbos!

1. If it is only done in the cemetery (on the day or burial - Maharsha deletes this from the text), people would not be there on Shabbos (for cemeteries are normally outside the Techum of the city)!

(k) Answer: The case is, the cemetery was within the Techum (the burial was shortly before Shabbos, there was no time for Ma'amados and Moshavos before Shabbos; the night after burial is considered the day of burial).