POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 100
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'!
2) THE WIDTH OF ROADS
(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
(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
(m) Question: What is R. Eliezer's source?
2. Chachamim say, walking does not acquire, he must
(n) Answer: "Hishalech ba'Aretz l'Arkah ul'Rachbah Ki Lecha
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
(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
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
(m) (Mishnah): There is no limit to the road for a funeral
(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
(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
(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
(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
(h) (Abaye): He also erred by making it in the city, we only
make it in the cemetery.
2. We only do so on the day of burial, he did so on the
(i) (Rava): He also erred by making it where it was not the
(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).