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 Metzia 101
BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
1) A TREE DEPOSITED ON ANOTHER'S PROPERTY
(a) If a river flooded Levi's trees...
2) ENACTMENTS FOR THE SETTLEMENT OF ERETZ YISRAEL
(b) (Ula): The Mishnah is only if they were uprooted with
their surrounding earth, and after three years;
1. Within three years, Levi gets all the olives - even
if Yehudah would have planted his own trees, he
could not have benefited from the produce for three
years (it is Orlah).
(c) Rejection: Yehudah can say, had I planted my own trees, I
would have received all the produce after three years - I
only agreed to keep your trees there and let you share
the produce after three years, on condition that I share
the produce within three years!
(d) (Ravin): The Mishnah is only if they were uprooted with
their surrounding earth, and within three years;
1. After three years, Yehudah gets all the olives - had
he planted his own trees, he would have received all
the produce after three years.
(e) Question: Levi can say, had you planted your own trees,
you would not have benefited for three years;
1. Now that you shared the olives with me within three
years, I should share after three years!
(f) Answer: Yehudah can say, had I planted my own trees, they
would have been small the first three years, I could have
planted beets and vegetables underneath them. (Since you
trees were big, I could not plant under them, therefore I
shared the olives.)
(g) (Beraisa): Levi cannot say 'I will take back my trees'.
(But he gets half the olives for three years, and is then
paid the value of trees (for replanting)).
(h) Question: Why can't he take back his trees?
(i) Answer (R. Yochanan): For the settlement of Eretz
(a) (Mishnah - R. Yehudah): One who works as a sharecropper
(to keep half the produce) on a Nochri's field that
formerly belonged to his ancestors, he must tithe even
the half he returns to the Nochri.
3) WORKING FOR ANOTHER'S BENEFIT WITHOUT HIS PERMISSION
1. We are thinking that this refers to Eretz Yisrael,
that formerly belonged to Avraham, Yitzchak and
(b) Question (Rav Kahana - Beraisa - R. Yehudah): One who
works as a sharecropper on the field (that formerly
belonged to his ancestors) of a Nochri extortionist, he
must tithe even the Nochri's share.
2. R. Yehudah holds that a Nochri cannot acquire Eretz
Yisrael to uproot (the Kedushah and) the obligation
to tithe the produce, and that a sharecropper is
like a Choker (one who rents a field on condition to
pay a fixed amount of produce each year);
i. Just as a Choker must tithe and pay the Nochri
whether or not the field produces, for he pays
a debt, also a sharecropper.
1. Why does the Beraisa speak of an extortionist - the
law is true of any Nochri!
(c) Answer: Rather, R. Yehudah holds that a Nochri can
acquire Eretz Yisrael to uproot the obligation to tithe
the produce, and a sharecropper is not like a Choker; the
field belonged to his direct ancestors.
1. The obligation to tithe is a fine on heirs of the
original owners - since the field is dear to them,
they will work it anyway.
(d) Question: What is the reason for the fine?
(e) Answer (R. Yochanan): This will encourage the heir to buy
it back from the Nochri.
(a) (Rav): Reuven planted Shimon's field without permission -
he has the lower hand (he gets the improvement or his
expenditures, whichever is smaller);
(b) (Shmuel): We estimate how much someone would pay to have
such a field planted.
(c) (Rav Papa): They do not argue - Rav speaks of a field not
earmaked for planting, Shmuel speaks of a field earmaked
(d) Rav did not say this explicitly, rather it was inferred
from the following case.
1. Yehudah planted Levi's field without permission;
Levi said, I did not want it planted. Rav said he
must estimate and pay for the improvements, and
Yehudah has the lower hand; Levi refused.
(e) (Rav Nachman): If Reuven rebuilt Shimon's ruined house
without permission he may take back his wood and rocks;
2. Later, Rav saw Levi guarding the crops - since he
showed that he was happy that it was planted, he
forced him to give Yehudah the upper hand.
(f) (Rav Sheshes): He may not.
(g) Question (Beraisa - R. Shimon ben Gamliel): Beis Shamai
say, he may take them back; Beis Hillel say, he may not.
1. Suggestion: Rav Nachman rules according to Beis
(h) Answer: No, Rav Nachman rules according to R. Shimon ben
1. (Beraisa - R. Shimon ben Elazar): He may take them
(i) Question: As whom is the law?
2. R. Shimon ben Gamliel says, Beis Shamai say he may
take them back; Beis Hillel say he may not.
(j) Answer (R. Yakov): If he rebuilt a house, he may take
them back; if he planted young trees in a field, he may
not take them back.
(k) Question: Why must he leave the trees?
4) GIVING NOTICE BEFORE EVICTING
(l) Answer #1: For the settlement of Eretz Yisrael.
(m) Answer #2: He already caused (a loss to Reuven,)
weakening of the land.
(n) Question: What is the difference between these answers?
(o) Answer: A field in Chutz la'Aretz.
(a) (Mishnah): Reuven rented a house to Shimon in winter - he
cannot evict him from Sukos until Pesach;
5) RIGHTS OF A LANDLORD
1. In summer, he cannot evict him for 30 days.
(b) In big cities he cannot evict him for 12 months.
(c) Regarding a store, even in small cities, he cannot evict
him for 12 months (to enable the grocer to collect from
people who bought on credit).
1. R. Shimon ben Gamliel says, one who rents a baker or
dyer's store gets three years.
(d) (Gemara) Question: Presumably, one cannot evict a tenant
in winter because a person expects to rent one place for
the entire winter - likewise, a person expects to rent
one place for the entire summer!
(e) Answer: One cannot evict a tenant in winter because it is
hard to find housing in winter.
(f) Question (end of the Mishnah): In big cities he cannot
evict him for 12 months.
1. If the 12 months expire in winter, he can evict him,
even though it is hard to find housing!
(g) Answer: The Mishnah tells how much warning one must give
before evicting a tenant:
(h) Reuven rented a house to Shimon in winter - he cannot
evict him from Sukos until Pesach without giving 30 days
(i) Support (Beraisa): The 30 days and 12 months are the
periods of warning before evicting;
1. Just as the owner must warn the tenant, also the
tenant must warn the owner before leaving so he can
look for suitable tenants.
(j) (Rav Asi): If he lived there one day in winter, he cannot
be evicted from Sukos until Pesach.
(k) Question: (This implies, in summer he can be evicted
immediately -) but the Mishnah gives 30 days!
(l) Answer: Rav Asi means, if even one of the 30 days extends
into winter, he cannot be evicted until Pesach.
(a) (Rav Huna): The owner may raise the rental.
6) WHAT THE LANDLORD MUST SUPPLY
(b) Question (Rav Nachman): That is the ultimate eviction!
(c) Answer: He may raise the rent if the cost of housing has
(d) The following is obvious: if Reuven's house fell, he can
tell Shimon to leave when the contract expires - Reuven
need not give warning, because he did not know that he
would need the house.
(e) If Reuven sold, gave or bequeathed the house to Levi,
Levi has no right to evict Shimon before Reuven could.
1. If Reuven needed the house to marry off his son (and
the son will live there) - if he could have warned
the renter but he did not, he cannot evict him; if
it was impossible to warn him, he may evict him.
(f) Reuven bought a boatload of wine; he had no place to put
it. He asked Leah if she had a place for it; she said
'No'. He was Mekadesh her; she gave him a place. He
immediately wrote and sent her a Get; she hired workers
to remove his wine, paying them from the wine itself.
(g) (Rav Huna brei d'Rav Yehoshua): She (justifiably) treated
him as he treated her.
1. Not only if her Chatzer is not standing to be rented
- but even if it is standing to be rented, she can
say, she does not want to rent to him.
(h) (Mishnah): R. Shimon ben Gamliel says, one who rents a
baker or dyer's store gets three years.
(i) This is because he extends much credit.
(a) (Mishnah): If Reuven rented his house to Shimon, he must
supply the door, bolt and lock, and everything that
requires a craftsman;
1. Anything that does not require a craftsman; Shimon
(b) The dung belongs to Reuven (this will be explained);
Shimon only gets (ashes) from the oven.
(c) (Gemara - Beraisa): If Reuven rented his house to Shimon,
he must supply the doors, to make windows (i.e. hole in
the wall for air and light), strengthen the roof (if it
corroded), and fix any beams that break;
(d) Shimon must make a ladder, a Ma'akah (protective wall
around the roof), a gutter pipe, and plaster the roof.
(e) Question: Who must supply the Mezuzah?
1. Objection: This is obvious - Rav Mesharshiya taught,
the one who lives in a house is obligated to affix a
(f) Answer (Rav Sheshes - Mishnah): Anything that does not
that require a craftsman; Shimon supplies;
2. Answer: The question was, who must supply the place
in which to put the Mezuzah (the word 'Mezuzah'
1. One can put the Mezuzah in a hollow reed and hang it
from the doorpost - this does not require a
(g) (Beraisa): If Reuven rented a house to Shimon, Shimon
must affix a Mezuzah; when he leaves, he does not take it
1. If the next tenant will be a Nochri, he takes it
(h) Question: The case contradicts the Halachah (since it is
permitted, why was he punished?)!
2. There was a case of a man who took the Mezuzah with
him; his wife and two children died.
(i) Answer (Rav Sheshes): The case illustrates the prior case
(when the next tenant will be a Yisrael).