meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Talmud/Bavli/Seder Nezikin/Bava Batra/English/Sefaria Community Translation.txt"}
text: Bava Batra
  בבא בתרא
  Sefaria Community Translation
  
  
  Bava Batra
  
  
  
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  Mishnah: Partners agree to make a division in a courtyard; they build a wall in the middle.  In a place where the custom is to build with rough stone, smooth stones, half-bricks, or bricks, they must build according to the custom of the land.
  If rough-stones, he gives 3 hand-breadths  (9 cm/hand-breadth) and the other gives 3 hand-breadths.  If smooth stones, he gives 2.5 hand-breadths and the other gives 2.5 hand-breadths.  If half-bricks, he gives 2 hand-breadths and the other gives 2 hand-breadths. If bricks, he gives 1.5 hand-breadths and the other gives 1.5 hand-breadths Therefore, if the wall falls, the place where the wall and the materials were will belong to both of them.
  Similarly in a garden; In a place where the custom is to build a fence, you can force the other to build. Oppositely in a wheat field, in a place where there isn't a custom to build a fence, you cannot force the other. Rather, if you want to build your own wall, build the wall on your side with a marking facing outwards.
  Therefore, if the wall falls, the place where the wall and the bricks were will belong to you.
  If both of you want to build a wall, both should mark their sides. Therefore, if the wall falls, the land and the bricks will belong to both of them:
  Gemarah: They thought "division" means  a wall, they show a case (proving it) ,  "A wall in a vineyard falls. He says to him, "Fix it." He fixes it, and it falls again. He says to him, "Fix it."
  
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  He gives up hope and doesn't fix it. This creates a forbidden mixture, and he is obligated for the damages." 
  What is the reason? They wanted to (build a wall), behold, if they don't want to (build a wall), you can't obligate the other. We see that damage from sight is not real damage
  And if you will say that "division" means separation, as it is written in Bamidbar 31:43, a congregation divides spoils of war, and since they agreed, either can force the other. We see from this that damage from sight is real damage.
  If so, (when the Mishnah says), "they want to make a separation," (it should say), "they wanted to divide." Rather, if it means "wall", (instead of), "build a wall," (it should say), "build it." If it taught "it", I would have said, "(you) just (need) markers." Therefore it teaches (division means)  "wall".
  Build the wall in the middle and etc. It's obvious!
  No, it's necessary. A friend convinces another to build a wall. You might think that he can say, "I was convinced that I would loose air flow, but not the ground space."
  Therefore it teaches damage from sight is not real damage. (Rav Nachman: sign, garden, wall, force, split, window)
  Come and hear. "Similarly in a garden."
  A garden is different. Rav Aba says in the name of Rav Ava in the name of Huna in the name of Rav, "It is forbidden for a man to stand in a friend's field in the hour it is blooming."
  "Similarly" (refers to) the kind of bricks.
  Come and hear, "A wall in a courtyard falls and you can obligate him to build until four amot." A fall is different.
  What was he asking? The end of the mishnah you need up to four amot. Above that you cannot force him.
  Come and hear, "You can force him to build a door in a gate house in a courtyard. We learn from here that damage from sight is real damage. (No) Damage from the public is different.
  And an individual no? Come and hear, "You can't (force a) division in a courtyard unless he has four amot and the other has 4 amot. If there is enough for both then you can force. Is this not wth a wall? No, it's just a marker.
  Come and hear, "A wall must be four amot above, below, or across a window. It is taught in a baraita, "If (the wall is) above (the window,) it should be raised (four amot) so that one cannot hang (from the wall) and look into the window. If (the wall is) below (the window, it should be lowered four amot) so that one cannot stand on the wall and see into the window.
  
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  Rabbi opened the storehouses during years of drought.  He said:  Let those who have studied scripture enter, those who have studied mishna [enter], those who have studied gemara [enter], those who have studied halakha [enter], those who have studied aggadah [enter] – but let the ammei-ha’aretz not enter.  R. Yonatan b. Amram pressed forward and entered.  [R. Yonatan] said to [Rabbi Yehudah ha-Nasi]:  My master (rabi), support me!  [Rabbi] said to [R. Yonatan]:  My son, have you studied scripture?  He said to him:  No.  [Rabbi said to R. Yonatan:] Have you studied mishnah?  He said to him:  No.  [Rabbi said to Rabbi Yonatan:] If it is so, how shall I support you?  [Rabbi Yonatan said to Rabbi:]  Support me like a dog or a raven.  He supported him. 
  After [Rabbi Yonatan] left, Rabbi sat and was saddened and said:  Woe unto me, for I have given my bread to an am-ha’aretz!  R. Simon the son of Rabbi said before him:  Perhaps it was Yonatan b. Amram your student, who does not want to derive material benefit from the honor of the Torah during his lifetime?  They examined it and it was found to be so.  Rabbi said:  Let everyone enter.
  Rabbi is consistent, for Rabbi said:  Disaster does not come upon the world except on account of the ammei-ha’aretz.  As in the case of the coronation tax that was imposed on Tiberias. [The people of Tiberias:] came before Rabbi and they said to him:  Let the sages pay along with us.  [Rabbi] said to them:  No.  They said to him:  We will flee.  He said to them:  Flee.  Half of them fled. [The Romans] removed half [of the tax]. 
  That half came before Rabbi. They said to him:  Let the sages pay along with us.  He said to them:  No.  [They said:] We will flee. [Rabbi said:]Then flee!  They all fled, except for a certain washer of garments. [The Romans] imposed the entire tax on the washer.  The washer fled and the tax was annulled.  Rabbi said:  You see, disaster does not come upon the world except on account of the ammei-ha’aretz.
  
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  Redeeming captives is a great mitzvah.
  Rava said to Rabbah bar Mari: From where is this statement of the Sages [derived], that redeeming captives is a great mitzvah? He responded: as it is written: (Jeremiah 15, 2) "And it shall come to pass, when they say unto thee: Whither shall we go forth? then thou shall tell them: Thus saith the LORD: Such as are for death, to death; and such as are for the sword, to the sword; and such as are for the famine, to the famine; and such as are for captivity, to captivity." And Rabbi Yochanan said: As we go in to the verse, each part is harsher than the previous ones.
  The sword is worse than death. If you want, you can say that it is from a verse, and if you want, you can say that it is from logical reasoning. If you want to say that it is from logical reasoning: This one is a disgrace, and this one is not. If you want to say that it is from a verse: (Psalms 116, 15) "Precious in the sight of the LORD Is the death of His saints."
  "Famine is worse than the sword": If you want to say that it is from logical reasoning: This one, he suffers, that one, he does not suffer. If you want to say that it is from a verse: (Lamentations 4, 9) "They that are slain with the sword are better Than they that are slain with hunger" Captivity is the worst of all, for it contains all of them.
  
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      Charity is considered equivalent to all the Mitzvot.
  
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        ...And Turnus Rufus, the evil, asked this question to Rabbi Akiva ...If your God loves the impoverished, then why doesn't he support them? ...[Rabbi Akiva] responded ...So that we should be saved through them (the impoverished) from the judgement of Gehinnom
  ...[Turnus Rufus] responded ...the very opposite, they (the supporters) should be condemned to Gehinnom? ...I will give you a parable to what this is comparable to, ..to a king of flesh and blood who becomes angry at his servant and imprisons him and commands that he should not be given food or drink. Then one man goes and gives him food and drink. When the king hears won't he be angry at him? ...And you are referred to as servants as it written "For the sons of Israel are my servants" (Leviticus 25, 55)
  Rabbi Akiva responded to him: I will give you a parable to what this is comparable to, to a king of flesh and blood that becomes angry at his child and imprisons him, and commands that he should not be given food or drink.  One man goes and gives him food and drink. When the king hears, won't he send him a gift? And we are called sons, as it is written "You are children to Hashem, your God." (Deuternomy 14, 1)
  [Turnus Rufus] responded you are called sons and you are called servants. When you do the will of God you are called children and when you don't do the will of God you are called servants. And now you are not doing the will of God  [Rabbi Akiva] responded: this is what is meant "Won't you give your bread to the hungry and bring the desperate poor to your house?" (Isaiah 58, 7) When [do] the desperate poor [need to be] brought home? Nowadays and it says "Won't you give your bread to the poor?"
  
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  Our Rabbis taught: It is related of King Monobaz  that he dissipated all his own hoards and the hoards of his fathers in years of scarcity. His brothers and his father's household came in a deputation to him and said to him, 'Your father saved money and added to the treasures of his fathers, and you are squandering them. ' He replied:  'My fathers stored up below and I am storing above, as it says,  Truth springs out of the earth and righteousness looks down from heaven. (Psalms 85,12) My fathers stored in a place which can be tampered with, but I have stored in a place which cannot be tampered with, as it says, Righteousness and judgment are the foundation of his throne. (Psalms 89,15)
  My fathers stored something which produces no fruits, but I have stored something which does produce fruits, as it is written, Say ye of the righteous [zaddik] that it shall be well with them, for they shall eat of the fruit of their doings. (Isaiah 3,10) My fathers gathered treasures of money, but I have gathered treasures of souls, as it is written,  The fruit of the righteous [zaddik] is a tree of life, and he that is wise wins souls. (Proverbs 11,30) My fathers gathered for others and I have gathered for myself, as it says, And for thee it shall be righteousness [zedakah]. (Deuteronomy 24,13)  My fathers gathered for this world, but I have gathered for the future world, as it says, Thy righteousness [zedakah] shall go before thee, and the glory of the Lord shall be thy rearward. (Isaiah 58,8)
  
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        ......   
  And who wrote them? Moses wrote his book as well as the portions of Bilam and Job Joshua wrote his book as well as the [last] 8 verses in the Torah Samuel wrote his book as well as the book of Judges and Ruth David wrote the book of Psalms with the help of ten elders
  
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   A store which is in a courtyard: The [members] of the courtyard can protest and say to him, we cannot sleep from all of the noise of those going in and out. But he may make vessels, go out and sell them in the marketplace. And they cannot protest and say to him, I cannot sleep from the sound of the hammer, or the sound of the millstone or the sound of the youngsters. 
  Gemara: What is the difference between the first part of the Mishnah and the last part? Abaye said The last part refers to a different courtyard. Rava said to him: If this were so, it should have taught that in a different courtyard it is permitted. Rather, Rava said: 
  
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  Apply the last part to the children of the school, from the time of the decree of Yehoshua ben Gamla and on.
  For Rav Yehuda said in the name of Rav: However, remember this man for good, namely Yehoshua ben Gamla, for if not for him, Torah would have been forgotten from Israel. For originally, whoever had a father, [the father] would teach him Torah; whoever had no father would not learn Torah. What was expounded? (Deuteronomy 11:19) "And ye shall teach them (<i>'otam'</i>)." "And you yourselves (<i>'atem'</i>) shall teach."
  They decreed that teachers of children should be set up in Jerusalem. What was expounded? (Isaiah 2:3) "For out of Zion shall go forth the law." But still, whoever had a father, [the father] would bring him up [to Jerusalem] and teach him; whoever didn't have a father would not go up and learn. They decreed that [teachers] should be set up in each and every district. And they would bring them in at around age 16 or 17, and anyone whose teacher was angry at him, [the teacher] would kick him out.
  Until Yehoshua ben Gamla came and decreed that teachers of children should be set up in each and every province and in each and every city, and [that] they are brought in at around age 6 or 7.
  
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  Rav Huna the son of Rav Yehoshua said: It is quite clear to me that the residents of one town can prevent the resident of another town [from setting up in competition in this town], but not, however, if he pays taxes to that town; and that the resident of an alley cannot prevent another resident of the same alley [from setting up in competition in his alley].
  
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  There was a boat, and two people fought over it. One said "it is mine" and the other said "it is mine". One of them went to Beit Din and said: "Take it! I will bring witnesses that it is mine." Do we take it or not? Rav Huna said: We [the Beit Din] take it. Rav Yehuda said: We do not take it.
  He went, and he did not bring witnesses. He [the person who had asked them to take it] said: "Release it; and whoever is stronger will get it." Do we release it or not? Rav Yehuda said: We do not release it. Rav Pappa said: We release it. And the Halacha is: We do not take it, but if we took it, we do not release it.
  He says "it belongs to my forefathers" and he says "it belongs to my forefathers". Rav Nachman said: Whoever is stronger gets it. And how is this different from two bills written on the same day?
  
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  Where Rav said: Divide it. And Shmuel said: It is at the discretion of the court. There [in the case of two bills] further evidence cannot come to light, here [in the case of "my forefathers"] more evidence may come to light.
  And how is this different from the Mishnah, as it says: "One exchanged a cow for a donkey, and it gave birth, and so too [if] one sold his female slave and she gave birth: this one says, “[It was] before I sold [her],” and this one says, “After I bought [her]," they should divide it."
  There, one
  
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  Has <i>Derara D'Mamona</i> [A disputed term, acc. to Rashi monetary loss, acc. to Tosafot it means an inherently unclear case], and the other has <i>Derara D'Mamona</i>. Here, if it belongs to one the other has no claim whatsoever, and if belongs to the second the first has no claim to it whatsoever.
  The Nehardeans said: If one comes from the market holding it, we do not take it from him. As Rabbi Hiyya taught: A thief of the public at large is not a thief.
  Rav Ashi said: He is always a thief. And when is he not considered a thief? When it cannot be returned.
  
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   Rav Papa said: [wide enough for] a plougher with his team of oxen to go and turn around.
  
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  Rav Yehuda from India used to tell: One time we went in a ship and saw a good stone, and a sea monster circling it. when an Amorite swam down to retrieve the stone, the monster tried to swallow our entire ship! A raven came and beheaded the monster. So large was the monster that the water turned to blood. Another monster, his fellow, came and took the stone and hung it on the dead monster and it returned to life, and again tried to swallow the ship! A bird returned and again beheaded the monster, took that good stone and threw it aboard the ship. We had with us salted birds. We placed the stone on them. They took the stone and flew away with it! 
  
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  Rabbi Chanina bar Papa said: The Holy One, Blessed Be He wished to make Jerusalem of finite measure, as it says (Zechariah 2:6) And I said: Where do you go? And he said to me: To measure Jerusalem, to see what is its width and what is its length.
  The ministering angels said to the Holy One, Blessed Be Heat lad: Master of the World, in Your world you have made many large cities for the gentile nations, and you have not given a measure for their length and width. Do you give a measure for Jerusalem, which contains Your name, Your sanctuary and righteous people? Immediately,   (Zechariah 2:8) And he said to me: Run, speak to that lad and say [that] Jerusalem shall be like an unwalled city, due to the multitude of people and animals within it. 
  
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  Rabina said in the name of Samuel: ... The Cherubim [made by Solomon] stood by a miracle; for it is said And five cubits was the one wing of the Cherub,’ and five cubits the other wing of the Cherub,’from the uttermost part of the one wing unto the uttermost part of the other were ten cubits, where,[then] were their bodies standing? ... Consequently it must be inferred ... that they stood by a miracle. ...
  Abaye demurred: ... They might have been standing [with their bodies] protruding [under the wings] like [those of] hens! ... Raba demurred: ... perhaps they did not stand opposite one another! ... R. Aha b. Jacob demurred: ... They might have been standing diagonally. ...
  R. Huna the son of R. Joshua demurred: ... The house might have been wider from above! ... R. Papa demurred: ... Might not their wings have been bent? ... R. Ashi demurred: ... Their wings might have been overlapping each other!
  How did they stand? — ... R. Johanan and R. Eleazar [are in dispute on the matter]. ... One Says: ... They faced each other; and the other says: ... Their faces were inward. ... But according to him who says that they faced each other, [it may be asked]: Is it not written, ... And their faces were inward? —... [This is] no difficulty: ... The former [was] at a time when Israel obeyed the will of the Omnipresent;the latter [was] at a time when Israel did not obey the will of the Omnipresent. 
  According to him who says that their faces were inward [it may be asked]: Is it not written, ... With their faces one to another? ... They were slightly turned sideways. ... For [so] it was taught: Onkelos the proselyte said, ... ‘The Cherubim were of image work and their faces were turned sideways as a student who takes leave of his master.
  
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  A PRIVATE PATH … FOUR CUBITS. A Tanna taught: Others say [that the path must be of such a width] as an ass with its load may be able to pass. R. Huna said: The halachah is according to the Others. The Judges of the Exile23  say: [The width is to be] two cubits24  and a half; and R. Huna said [that] the halachah is according to the Judges of the Exile. Did not R. Huna say [that] the halachah is according to the Others? — Both measurements are identical.25 A PUBLIC ROAD … SIXTEEN CUBITS. Our Rabbis taught: A private path26  [is of the width of] four cubits; a path from one town to another27  [is to have a width of] eight cubits;28
  a public road,1  sixteen cubits; the road to the cities of refuge,2  thirty two cubits. R. Huna said: From what Scriptural text [may this be inferred]? — From the text, Thou shalt prepare thee the way;3  [instead of], 'a way' [it is written], 'the way'.4
  
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  The Mishnah there states: Said Rabbi Shimon ben Gamliel: There were no [days that were more] joyous days for Yisrael, such as the 15th of Av, and Yom haKippyrim, during those [days] the maids of Jerusalem would go out in borrowed white garments, in order not to embarrass those who do not have [new, clean clothes] If you are talking about Yom haKippurim - [that is the] day in which we achieved forgiveness. the day in which the second Tablets were given. But the 15th of Av - what is [the joyous occasion related to] it? 
  Said Rabbi Yehudah in the name of Shmuel: [This is] the day that the various tribes were permitted to marry one another. What did they darshen [to permit violating a direct Mitzvah]? (understand based on careful re-examination of wording in scripture) "This is the word" (Numbers 36:1) this work [ruling] will only apply for this generation
  Raba bar bar-Chana said in the name of Rabbi Yochanan: [This is] the day that Shevet Binyamin was permitted to reenter the congregation, as states: Now the men of Israel had sworn in Mizpah, saying, "No man from us shall give his daughter to Benjamin for a wife." (Judges 21:1) What did they darshen? "[No man] from us" - and not from our daughters
  Rav Dimi bar Yosef said in the name of Rav Nachman: [This is] the day that the [people who were decreed to] die in the desert, finished [dying], as Mar said: Until the [generation who were condemned to die] finished dying out
  
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  There was no [divine] speaking with Moshe, as it says: "So it was, when all the men of war finished dying from among the people-" (Deuteronomy 2: 17), followed closely by "-that the Lord spoke to me saying..." (Ibid. 18), this is [a reference to] the [divine] speech.
  Ulla said: [This is] the day that Hoshea ben Elah (a king of Israel) cancelled the guards whome Yerovam placed on the roads, to prevent Yisrael from going up [to Jerusalem].
  Rav Matana said: [This is] the day that the massacred [people] of Beitar were permitted [to be] buried. As Rav Matana said: That day in which the massacred of Beitar were permitted to be buried, [the Sanhedrin] instituted in Yavneh [the 4th blessing in Birkat haMazon] the blessing of "Hatov ve-Hametiv" (Who is benevolent, and Who does good). Hatov - [in recognition of the miracle] that [the bodies] did not smell, ve-Hametiv - [in recognition] that they were permitted to be buried.
  Raba and Rav Yosef, who both said: [This is] the day in which they would stop cutting wood for the altar. [We have a] Braita that says: Eliever haGadol says, As the 15th of Av arrived, the strength of the sun weakens, and they would not cut down anymore trees for the altar. Said Rav Menashe: They called that say "The day of burying the hatchet"
  
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  Rabbi Abba sent to Rav Yosef bar Hama: [In the case of] one who produces a promissory note. The lender says: "I have not been repaid", and the borrower says: "I have paid half", and the witnesses testify that he paid back all of it; he [the borrower] swears [that he only owes him half], and [the lender] collects half [of the loan] from free assets, but not from assets which serve as collateral; for they [the other creditors] say: "We rely on the witnesses."
  
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   Rabbi Yohanan said:  
   and so taught Bar Kappara 
   Said Rabbi Akiva:...  Ben Azzai said to him: 
    The air in Israel makes one wise  Rabi Zeira said:   Rabbi Zeira said: Learn from this. (This is indeed the case). 
   Said Abaye ......