ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Basra 11
BAVA BASRA 11 (18 Nisan) - Dedicated by Kenny & Aliza Weinblatt in memory of
their grandfather, Sam (Shmuel Ben Baruch) Silverman Z"L, who was Niftar on
18 Nisan. May all the Zechuyos from this learning provide an Aliyah for his
Neshamah.
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Questions
1)
(a) Binyamin ha'Tzadik was in charge of the Kupah shel Tzedakah. In a year
of draught - an Almanah once approached him for help for herself and her
seven sons.
(b) When he told her that there was no money left in the Kupah - the Almanah
retorted that, unless he helped her, a woman and her seven sons would all
die. Whereupon he sustained them all from his own pocket.
(c) When, a short while later, he fell ill and was about to die - the angels
'reminded' Hashem that He himself had said that someone who saves one Jew is
considered as having saved a whole world. Consequently, it was not just for
Binyamin ha'Tzadik who had saved a woman and her seven sons, to die so
young.
(d) Immediately - his decree was torn up, and he was given an extra lease of
life of twenty-two years.
2)
(a) In a time of famine - Munbaz ha'Melech emptied the royal treasury
containing the treasures that both he and his ancestors had horded, and
distributed them among the poor.
(b) His family objected - on the grounds that he was squandering the wealth
that his fathers and his grandfathers had amassed.
(c) He pointed to six advantages that his method of savings had over
their's, each based on a Pasuk. From the Pasuk "Emes me'Eretz Titzmach,
ve'Tzedek *mi'Shamayim* Nishkaf" he extrapolated that the advantage that
his treasury was stored in Heaven. From the Pasuk ...
1. "Tzedek u'Mishpat *Mechon Kis'echa*", he extrapolated - that *he* had
stored it in a place where it could not be stolen.
2. "Imru Tzadik Ki Tov, Ki *P'ri Ma'aleleihem* Yocheilu" - that *he* had
stored away something that bore fruit.
(d) From the Pasuk "P'ri Tzadik Eitz Chayim, *ve'Loke'ach Nefashos*
Chacham", he learned that he, as opposed to his ancestors, had amassed
souls. And from the Pasuk ...
1. ... "u'Lecha* Tih'yeh Tzedakah" - that *he* had saved something from
which he himself would benefit.
2. ... "ve'Halach Le'fanecha Tzidkecha, *Kevod Hashem* Ya'asfecha" - that
*he* had saved something for the World to Come.
3)
(a) We learned in our Mishnah that the moment one purchases a house in a
town, one becomes a resident. The author of our Mishnah not be Raban Shimon
ben Gamliel - because, according to his opinion cited in a Beraisa, one
needs only to purchase - a small plot of land in order to become a
resident.
(b) In another Beraisa however, he does agree with our Mishnah. There he
rules - that one becomes a resident when one purchases sufficient land on
which to build a house.
(c) We reconcile the two Beraisos - by establishing this as a Machlokes
Tana'im as to what Raban Shimon ben Gamliel really holds.
4)
(a) For one of the partners to be able to force the other one to divide a
Chatzer, the Chatzer must be - at least eight Amos by four (so that each
partner will receive four by four Amos.
(b) According to the Tana Kama ...
1. ... a field must produce nine Kabin for each partner. Rebbi Yehudah
says - nine half-Kabin.
2. ... a vegetable-garden must produce half a Kav for each partner. Rebbi
Yehudah says - a quarter of a Kav.
5)
(a) The Tana guages what is fit to divide in this regard, by a large room, a
dove-cot, a cloak or a bathhouse - by whether, after dividing it, each half
retains its identity (whether people still refer to it as 'a dining-room'
... 'a dove-cot' ... ), or not.
(b) The other two things included in the Tana's list are - an oil-press and
a wheat-field with its own spring.
(c) The reason that this wheat-field not require nine Kabin for each partner
is - due to the fact that it has its own spring. Consequently, even if is
not fit to produce crops, it can be used to plant other seeds.
(d) The Tana of our Mishnah adds that if both partners agree, then the above
Shiurim are of no consequence. He needs to tell us this - only to balance
the Seifa 've'Kisvei ha'Kodesh, Af-al-Pi she'Sheneihem Rotzim, Lo Yachloku'.
6)
(a) When Rebbi Asi Amar Rebbi Yochanan says that the four Amos in the
Mishnah does not include the entrances - he means that besides a minimum of
four Amos in the Chatzer, each owner is also entitled to four Amos in front
of his entrance ...
(b) ... which is considerd part of the house, because he needs it to unload
from his donkey into the house.
(c) And his opinion is substantiated by a Beraisa - which gives the area
required by each owner as eight Amos (four in the Chatzer plus four in front
of the entrance).
(d) Others present the statement of Rebbi Asi Amar Rebbi Yochanan - in the
form of an answer, to reconcile our Mishnah, which gives a minimum
requirement of four Amos, and the Beraisa, which gives eight.
7)
(a) When Rav Huna says that a Chatzer is divided according to its
entrances - he means that if, for example, Reuven inherited a part of the
house with two entrances from the Chatzer to the house, whilst Shimon
inherited a section of house with only one entrance, then Reuven will take
two thirds of the Chatzer, and Shimon, one third.
(b) According to Rav Chisda - each one takes four Amos in front of his
entrance, and the rest, they divide equally.
(c) The Beraisa supports Rav Chisda. Abaye explains, that when the Tana adds
that if one of them has an entrance of eight Amos, he takes the eight Amos
next to the entrance plus four Amos in the Chatzer, he means that he takes
eight by four Amos (and not eight by eight).
8)
(a) Ameimar rules that someone who owns a pit for date-stones (used as
animal food) in the Chatzer - takes four Amos next to the pit in each
direction.
(b) Ameimar's concession will not apply however - where the pit is close to
entrance to the owner's house, because then he can throw the date-stones
directly into the pit (and he doesn't need all that space next to the pit).
11b---------------------------------------11b
Questions
9)
(a) Rav Huna does not grant someone whose Achsadra (sun-porch) opens into
the Chatzer four Amos next to the entrance - because, since it has no walls,
the owner can take his donkey inside and unload it there (so he doesn't need
four Amos in the Chatzer).
(b) Initially, he reconciles this ruling with the Beraisa quoted by Rav
Sheishes, which specifically equates an Achsadra with a house in this
regard - by establishing it by an Achsadra de'Bei Rav, which has four full
walls, but has windows to let in the sunlight.
(c) We object to this answer however - on the grounds that it would then be
obvious that he has four Amos, and a Beraisa would not be needed to tell us
so.
(d) So Rav Huna finally establishes the Beraisa - by an Achsadra Rumisa (a
Roman Achsadra, which had walls, only they did not reach the ceiling). And
the Tana is teaching us that he has four Amos in the Chatzer, and is not
obligated to take his donkey into the Achsadra and unload it on to the
walls.
10)
(a) The Beraisa grants the owner of a porch, a Roman Achsadra and a balcony
four Amos in the Chatzer.
(b) The Tana grants the owner of a balcony with five doors which open out
onto it - four Amos at the foot of the ladder leading up to the balcony.
(c) Rebbi Yochanan asked Rebbi Yanai whether a chicken-coop with an entrance
to the Chatzer has four Amos. He replied - in the negative, because the
chickens can jump via the top of the wall into the chicken-coop (assuming of
course, that it has no roof).
(d) Rava asked Rav Nachman whether, if a house with an entrance to the
Chatzer is only half walled, the owner has four Amos in the Chatzer next to
the entrance or not. He answered in the negative - irrespective of whether
it is the inner half of the house which is walled or the outer half,
because, even in the latter case, he can lead the donkey through the walled
section of the house and unload it in the section which is open.
11)
(a) Rav Huna asked Rav Ami whether, if Reuven, whose house adjoined two
Chatzeiros, and who had until now used Chatzer a., now wishes to switch over
to Chatzer b., the members of Chatzer b. are entitled to stop him from doing
to. He answered that they are.
(b) He also asked him whether the king's soldiers, whom the residents of the
town were obligated to put up, were billeted according to the number of
people per household (see Rabeinu Gershom) or according to the number of
entrances to the Chatzer. He ruled - like the first side of the She'eilah.
(c) We cite a Beraisa in support of Rav Ami's ruling. The Tana there then
rules that the manure in the Chatzer - is divided according to the number of
entrances (because they would throw the trash out on to the trash-heaps via
the entrances).
(d) Rav Huna rules that if a resident of a Mavoy wishes to enclose the four
Amos outside his entrance from the Chatzer to the Mavoy (see Tosfos DH
'Echad') - the other residents of the Mavoy may stop him, because it causes
them to have to walk an extra stretch round his walls when traversing the
Mavoy.
12)
(a) The Beraisa rules that the residents of the other four Chatzeros that
open into the Mavoy ...
1. ... may all use the section of Mavoy corresponding to the outer Chatzer
(nearest the street)?
2. ... may not use the section of Mavoy corresponding to the inner Chatzer.
(b) The determining principle behind this Halachah (based on the fact that a
Mavoy is closed at one end) is - that the residents of each Chatzer may only
use as much of the Chatzer as they need to get to the main road at the other
end (but not the section of Chatzer that leads back to the dead-end).
(c) This clashes with Rav Huna's previous ruling - since he authorizes all
the residents of the same Mavoy to stop another resident from enclosing his
four Amos in the Mavoy, even those who live closer to the Mavoy's exit.
(d) We answer this - by presenting a Machlokes Tana'im in this point (as we
shall now see).
13)
(a) The Tana of another Beraisa authorizes the residents of one Mavoy to
stop a resident of another Mavoy from opening a new entrance on to their
Chatzer, as we explained earlier. Rebbi rules that a resident of a Mavoy who
had a door that opened on to the Chatzer which he sealed off - has the right
to reopen it, should he so wish.
(b) For Rebbi Shimon ben Elazar to have responded 'Chamesh Chatzeros
he'Pesuchos le'Mavoy, Kulan Mishtamshos le'Mavoy', the Tana Kama must have
said - 've'Chein Chamesh Chatzeros ha'Pesuchos le'Mavoy, Kulan Mishtamshos
Im ha'Chitzonah, ve'ha'Chitzonah Mishtameshes le'Atzmah ... '.
(c) This proves that Rav Huna's Din is a Machlokes Tana'im (as we
explained), and that Rav Huna himself follows the opinion of Rebbi Shimon
ben Elazar.
14)
(a) We just learned in the Beraisa that a resident of a Mavoy is permitted
to reopen the former entrance to the Chatzer that he sealed. Rava qualifies
this ruling however - by confining to where he did not remove the door-posts
and lintel, before doing so (a sign that he intends reopening it some time
in the future). But if he did remove them first, then he will have to obtain
permission the other residents of the Mavoy before reopening it.
(b) Abaye supports Rava's ruling with a Beraisa. The Beraisa repeats this
distinction with regard to Tum'as Meis, where it rules that if there is a
Meis in a house whose only entrance the owner sealed-off ...
1. ... leaving the door-posts intact - only the area outside the sealed
doorway is Metamei whoever enters it, but not the area surrounding the rest
of the house.
2. ... after removing the door-posts - then four Amos next to the entire
house is Metamei whoever enters them.
(c) The reason for the latter ruling is - because since the house does not
even have a potential exit, the Chachamim gave it the Din of a grave, which
is Metamei those who come within four Amos of it.
(d) Chazal issued this decree - to prevent Osei Taharos from coming too
close to the grave and becoming Tamei be'Ohel without even realizing it.
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