REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Basra 59
BAVA BASRA 59 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel
David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as
Hashem.' Dedicated by her son.
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1)
(a) We learned in our Mishnah that a full-length pipe is subject to
Chazakah. What problem do we have with this, according to Rebbi Yirmiyah
bar Aba, who explains that 'Marzev Ein Lo Chazakah' refers to building
underneath it?
(b) Why is there no problem according to Shmuel and Rebbi Chanina'
interpretation of 'Marzev Ein Lo Chazakah'?
(c) We answer that the Tana is talking about a pipe that is built in the
form of a building. So what if it is? How will the owner's building affect
his pipe?
(d) Perhaps a Marzev is different because it is not sufficiently important
to prevent the owner from building underneath it, even if it will cause it
to fall down. How else might we explain the difference between a Marzev
and a Mazchilah in this regard?
2)
(a) What does Rav Yehudah Amar Shmuel say about a pipe from which water
flows from Reuven's roof into Shimon's Chatzer, and Reuven wants to
dismantle it?
(b) Why is that?
3)
(a) They asked the same She'eilah to Rebbi Oshaya, to Rebbi Chama and then
to Rebbi Biysa. What did Rebbi Oshaya and Rebbi Biysa reply?
(b) And what did Rebbi Chama say?
(c) Why did they quote the Pasuk in Koheles "ve'ha'Chut he'Meshulash Lo
bi'Meheirah Yinasek"? To whom were they referring?
4)
(a) How does de'Bei Rebbi Yanai define a Sulam ha'Mitzri? What is the
maximum number of rungs it can have?
(b) Why does the Tana define an Egyptian window, but not an Egyptian ladder?
5)
(a) Rebbi Zeira restricts the Chazakah on a Chalon Tzuri (in our Mishnah)
to one that is within four Amos from the ground. What are the
ramifications of the *** Mishnah's ruling as regards ...
- ... the owner of the Chatzer?
- ... a Machzik who comes to open such a window?
(b) And what does Rebbi Zeira mean when he adds 've'Yachol Li'mchos'?
(c) What does Rebbi Ila'a say? In which point does he disagree with de'Bei
Rebbi Yanai?
(d) We suggest that they argue over 'Kofin Oso al Midas S'dom'. How will
this explain their Machlokes?
6)
(a) We conclude however, that both opinions hold 'Kofin al Midas S'dom'.
Then why does Rebbi Ila'a allow the owner of the Chatzer to protest?
(b) On what grounds does Rebbi Zeira disagree with Rebbi Ila'a?
(c) A case came before Rebbi Ami of someone who wanted to open such a window
above the height of four Amos from the ground. What did Rebbi Aba (to whom
Rebbi Ami sent the litigants) rule?
(d) We have already discussed the opinion of Shmuel (though not by name)
that if the window is to provide light, then even a Chalon ha'Mitzris is
subject to a Chazakah. Why is that?
Answers to questions
59b---------------------------------------59b
7)
(a) What is a 'Ziz'?
(b) What distinction does the Mishnah make between a Ziz which is at least a
Tefach wide and one which is less, with regard to ...
- ... a Chazakah?
- ... Mecha'ah?
(c) What sort of damage are we concerned with in the case of a ledge a
Tefach wide?
8)
(a) How does Abaye interpret Rebbi Asi (or Rebbi Ya'akov) Amar Rebbi Mani's
statement 'Hichzik be'Tefach, Hichzik be'Arba'ah'?
(b) What is the reason for this?
(c) What will be the Din if the Machzik made a Chazakah on a Ziz one Tefach
wide by ...
- ... ten Tefachim along the wall?
- ... three Tefachim along the wall?
9)
(a) 'Pachos mi'Tefach, Eino Yachol Li'mchos', we learned in our Mishnah. Rav
Huna confines this prohibition to the owner of the ledge. This might mean
that the Machzik cannot stop the owner of the Chatzer from building ledges
on his wall. What else might the Tana mean?
(b) Why according to Rav Huna, can the owner stop the Machzik from fixing
the ledge to his wall?
(c) Rav Yehudah is of the opinion that 'Eino Yachol Li'mchos' cuts both
ways. Is this because he holds 'Hezek Re'iyah Lo Sh'meih Hezek'?
(d) How does Rav Huna counter this?
10)
(a) What does our Mishnah say about opening new windows overlooking the
public Chatzer of which one is a joint owner?
(b) And why, if he purchased a room in an adjoining Chatzer or if he built
an attic above his house, is he forbidden to build a door that opens from it
directly into the Chatzer which he still owns jointly?
(c) On what grounds does the Tana permit this if he builds one room next to
the other or an attic on top of his house, provided his guests enter the
Chatzer via his house, and not directly?
11)
(a) What problem do we have with our Mishnah teaching us the prohibition of
opening new windows overlooking the public Chatzer which he owns jointly?
(b) We answer that the Chidush is greater in the case of a public Chatzer
than of a private one. Why is that?
(c) Considering that one has to hide from the other residents anyway, why
indeed is it forbidden to open a new window?
12)
(a) When a resident opened windows on to the Chatzer, on what grounds did
Rebbi Yishmael b'Rebbi Yossi declare that he had a Chazakah?
(b) What did Rebbi Chiya rule?
(c) What does Rav Nachman say about a case where after three years, Shimon
seals the window that Reuven opened, and Reuven remains silent?
13)
(a) What problem do we have with our Mishnah, which permits building one
room next to the other or an attic on top of his house (despite the fact
that his guests enter the Chatzer via his house, and not directly)?
(b) How does Rav Huna explain the extra room and the attic, to resolve the
problem?
(c) How does this alleviate the problem?
Answers to questions
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