POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 7
BAVA BASRA 7 (Nisan 14) - dedicated by Rabbi Kornfeld's father l'Iluy
Nishmas his grandmother, Chayah bas Aryeh Leib Shpira (nee Sole), on the day
of her Yahrzeit.
1) ONE NEED NOT SUFFER TO HELP ANOTHER
(a) Reuven lived in the upper story of a house, Shimon lived
on bottom. The walls sunk - Shimon suggested that they
rebuild the house.
2) RIGHTS OF BROTHERS THAT DIVIDE AN INHERITANCE
1. Reuven: I have no problem!
(b) (Rav Chama): Reuven's claim is accepted.
2. Shimon: I will destroy it and rebuild it myself.
3. Reuven: No - I would have no place to live in the
4. Shimon: I will rent a place for you.
5. Reuven: I don't want the bother of moving - if you
bend down, you can use your house!
1. This is only if the roof is at least 10 Tefachim
above the ground - if not, Reuven is occupying
(c) Question: If they had stipulated - how high do they
2. This is only if they did not stipulate from the
beginning (that if the wall falls, they must rebuild
(d) Answer #1 (Mar Zutra brei d'Rav Nachman citing Rav
Nachman): As a Mishnah teaches (regarding one who is
contracted to build a house) - half the combined length
and width of the house.
(e) Answer #2 (Rava citing Rav Nachman): As people normally
(f) Question: How much is that?
(g) Answer: In order that Shimon can enter with a load of
long reeds and turn around.
(h) Levi was building a wall in back of Yehudah's window;
Yehudah complained that this blocks his light.
1. Levi: I will seal your window and make a window for
you above my wall.
(i) (Rav Chama): Yehudah's claim is accepted.
2. Yehudah: No - that would weaken my wall.
3. Levi: I will destroy the top of your wall (until the
window), and rebuild it with a window above my wall.
4. Yehudah: No - a half-new, half-old wall is not
5. Levi: I will destroy the entire wall, and rebuild it
with a window above my wall.
6. Yehudah: No - a house with a new wall and old walls
is not sturdy.
7. Levi: I will destroy your house, and rebuild it.
8. Yehudah: No - I would have no place to live in the
9. Levi: I will rent a place for you.
10. Yehudah: I don't want the bother of moving!
(j) Question: This is just like the previous case (why do we
need to hear both)?
(k) Answer: Even if Yehudah only uses his house for storing
straw and wood, his claim is accepted.
(l) Reuven and Shimon divided property; Reuven took a nice
hall (that is open on one side), Shimon took the garden
next to it, and he started building a wall in between.
1. Reuven: This will block my light!
(m) (Rav Chama): Shimon's claim is accepted.
2. Shimon: I am building on my own property!
(a) Question (Ravina): Why is this different than the
1. (Beraisa): Levi and Yehudah divided an inheritance;
Levi took a vineyard, Yehudah took a grain field.
(b) Answer (Rav Ashi): That is when Levi compensated Yehudah
for the amount that a vineyard is worth more than a grain
i. Levi is allowed to enter four Amos into
Yehudah's field (to tend to his vines), this is
an understood condition of the division.
(c) Question: This implies that Shimon did not get
compensated - is he a fool, he gave up a hall and took a
garden without compensation?!
(d) Answer: He was compensated for the extra bricks and beams
that Reuven took, there was no compensation for rights to
air and light.
(e) Question: Why can't Reuven say, I compensated you on
condition to receive a nice hall, not a dark room!
(f) Answer (Rav Simi bar Aba): It is still called a hall,
even if it is unlike standard halls.
1. (Beraisa): Levi said to Yehudah 'I sell you a Beis
Kor (the area of land in which a Kor of seed is
planted) of dirt (i.e. the entire area is farmable)'
- if people call it a Beis Kor, the sale stands,
even if the area is only half of that;
(g) Rejection: That is different!
i. This is because he sold a field called a Beis
2. 'I sell you a vineyard (or an orchard)' - if people
call it that, the sale stands, even if has no vines
(or trees) (as above);
1. There, the seller can say, I sold you something
called a Beis Kor (or vineyard...) - here, Reuven
can say, I took the hall on condition to live in it
as our fathers did!
(h) Myn: Rav Chama holds like the Chachamim of Neharda'a.
3) OBLIGATIONS OF MEMBERS OF A CHATZER
1. (Rav Nachman): Brothers who split an inheritance -
neither has any of the following rights: (the other
should not be allowed to block light from his)
windows, to fix a ladder in the Chatzer (to get to
an upper story), to dig a trench through the other's
field so that water will flow from the irrigation
(i) Orphans had a loan document (of their father); a receipt
said that it was paid.
2. (Rava): Brothers have such rights.
(j) Rav Chama: We do not let the orphans collect, nor do we
tear their document.
1. They do not collect, perhaps it really was paid;
(k) Question (Rav Acha brei d'Rava): Whom does the Halachah
2. We do not tear their document, perhaps when they
grow up they will show that the receipt is invalid.
(l) Answer #1 (Ravina): The Halachah follows Rav Chama in all
the above laws, except for the case of the receipt;
1. We do not suspect that witnesses would sign a false
(m) Answer #2 (Mar Zutra brei d'Rav Mari): Also here the
Halachah follows Rav Chama - if it was a good receipt, it
should have been seen in the father's lifetime!
1. Since it was not seen before, we suspect it was
(a) (Mishnah): Members of a Chatzer can force each other to
build a Beis Sha'ar (a place for a watchman to stay, and
to stop people from looking into the Chatzer) and a door
for the Chatzer;
4) OBLIGATIONS OF RESIDENTS OF A CITY
(b) R. Shimon ben Gamliel says, some Chatzeros are not
fitting for a Beis Sha'ar.
(c) People of a city can force each other to build a wall
with a door and bolt (to lock it);
(d) R. Shimon ben Gamliel says, some cities are not fitting
for a wall.
(e) Someone who has lived in the city 12 months is considered
a resident (and must contribute to city projects);
1. If he bought a dwelling, he is immediately
considered a resident.
(f) (Gemara) Question: The Mishnah implies that a Beis Sha'ar
is a good thing;
1. But Eliyahu used to speak with a certain Chasid
regularly, until the Chasid built a Beis Sha'ar (for
this muffles the cry of poor people asking for
(g) Answer #1: If it is in the Chatzer it is bad, if it is
outside (and has no door) it is good, (for it gives
privacy, and the poor can enter and be heard).
(h) Answer #2: A Beis Sha'ar outside the Chatzer is bad if it
has a door, it is good if it has no door.
(i) Answer #3: A Beis Sha'ar with a door outside the Chatzer
is bad if the key is not there, it is good if the key is
(j) Answer #4: A Beis Sha'ar with a door and key (outside the
Chatzer) is bad if it can only be opened from the inside,
it is good if the poor person can open it from the
(k) (Mishnah): Members of a Chatzer can force each other to
build a Beis Sha'ar and a door for the Chatzer.
(l) (Beraisa - R. Shimon ben Gamliel): A Chatzer is fitting
for a Beis Sha'ar only if it is near the public domain.
1. Chachamim argue, because even if it is not close,
sometimes the public domain is crowded and people
enter the Chatzer.
(a) (Mishnah): People of a city can force each other...
(b) (Beraisa - R. Shimon ben Gamliel): A city is fitting for
a wall only if it is close to the border (of Eretz
1. Chachamim argue, because even if it is not close,
sometimes troops pass by.
(c) Version #1 - Question (R. Elazar): When they collect,
does every person pay the same amount, or do people pay
according to their wealth?
(d) Answer (R. Yochanan): They pay according to their wealth.
(e) Version #2 - Question (R. Elazar): When they collect,
does every person pay according to how close he is to the
wall (closer people are in bigger danger, they need it
more), or do people pay according to their wealth?
(f) Answer (R. Yochanan): They pay according to how close
they are to the wall.
(g) R. Yehudah Nesi'ah collected for needs of a wall; he said
that Chachamim must also pay.
(h) (Reish Lakish): Chachamim do not need to be guarded (so
they need not pay)!
1. Question: "Esperem me'Chol Yirbun" - who is more
numerous than the sand?
(i) (R. Yochanan): Rather, you should learn from "Ani Chomah"
- this is Torah; "v'Shodai ka'Migdalos" - these are
i. It cannot be Tzadikim, for all of Yisrael is
likened to the sand!
2. Answer: Rather, the deeds of Tzadikim are more
numerous than the sand.
i. A small amount of sand is like a protecting
wall surrounding the sea - all the more so, the
deeds of Tzadikim protect them!
1. Reish Lakish did not learn from here, for he
expounds like Rava.
2. (Rava): "Ani Chomah" - this is the congregation of
Yisrael; "v'Shodai ka'Migdalos" - these are
synagogues and Batei Medrash.