Mishnah 1
1)
What is the Mishnah talking about when it says that the Chazakah of houses is three years? What is the case?
Why do we not say that the fact that Reuven cannot produce his Sh'tar is proof that he did not purchase the house?
What can Shimon do to protect himself against Reuven claiming that the field is his even if he did not purchase it?
What does he gain by doing that?
Why will this suffice? What guarantee do we have that this protest will reach Reuven's ears?
1)
When the Mishnah says that the Chazakah of houses is three years, it means - that if after working in the field that previously belonged to Shimon, Reuven claims that he bought it from him and that he lost his Sh'tar, he is believed (See Tos. Yom-Tov).
We do not say that the fact that he cannot produce his Sh'tar is proof that he did not purchase the house - because we rely on the Chazakah that a purchaser does not look after his Sh'tar for more than three years.
To protect himself against Reuven claiming that the field is his even if he did not purchase it - Shimon must issue a 'Mecha'ah' (a protest) in front of two witnesses (See Tos. Yom-Tov) to the effect that he did not sell the field to Reuven, who is benefiting from the field illegally.
By doing that - in the event that Shimon really did purchase the house, he will take care to look after his Sh'tar.
The guarantee that this protest will reach Reuven's ears - lies in the assumption that the witnesses will pass on the information, and, based on the fact that 'Friends have friends and their friends have friends too', the warning is bound to reach Reuven's ears.
2)
What is the difference between a 'Bor', a 'Shi'ach' and a 'Me'arah'?
What time-period does the Mishnah now give for the Chazakah with regard to ...
... Boros, Shichin and Me'aros?
... Shovchos and bathhouses? What are 'Shovchos'?
The last three items on the Tana's list are oil-presses (See Tos. Yom-Tov), Beis ha'Shalachin and Avadim (See Tos. Yom-Tov). What is 'Beis ha'Shalachin'?
Based on which principle is the Chazakah of Beis ha'Shalachin three years?
2)
A 'Bor' is - a round pit, a 'Shi'ach', a trench and a 'Me'arah', a (covered cave).
The Chazakah with regard to ...
... Boros, Shichin and Me'aros ...
... Shovchos (dove-cots) and bathhouses is - also three years.
The last three items on the Tana's list are oil-presses (See Tos. Yom-Tov), Beis ha'Shalachin - (a field that has its own spring) and Avadim (See Tos. Yom-Tov).
The Chazakah of Beis ha'Shalachin is three - because, thanks to the spring, it produces fruit constantly, and the Chazakah of whatever produces fruit constantly is three full years, as we will learn shortly.
3)
The Din by Avadim appears to clash with the principle 'ha'Godros Ein lahem Chazakah'. What are 'Godros'?
What does 'ha'Godros Ein lahem Chazakah' mean?
Why is that?
How have we now reconciled that with the Din of Avadim that we just learned?
3)
The Din by Avadim appears to clash with the principle 'ha'Godros - sheep (from the Lashon "Gidros Tzon") Ein lahem Chazakah' ...
'ha'Godros Ein lahem Chazakah' means - that the fact that an animal is in Reuven's domain does not means that it belongs to him ...
... because animals tend to stray into other people's fields.
We have now reconciled that with the Din of Avadim that we just learned - inasmuch as they are speaking about two different kinds of Chazakah, the former, one that lasts three years, the latter, one that takes immediate effect).
4)
With which principle does the Tana conclude the above list of things that are subject to a three-year Chazakah?
What does he add to the words 'Chezkasan Shalosh Shanim ... '?
4)
The Tana concludes the above list of things that are subject to a three-year Chazakah with the principle - that 'The Chazakah of whatever produces fruit constantly is three years.
Adding to the words 'Chezkasan Shalosh Shanim - mi'Yom le'Yom' (See Tos. Yom-Tov).
5)
The Mishnah now discusses a Sadeh ha'Ba'al. What is a 'Sadeh ha'Ba'al'?
In what way does the Chazakah of a Sadeh ha'Ba'al differ from a Beis ha'Shalachin?
According to Rebbi Yishmael, the Chazakah is eighteen months (three months at the beginning, three months at the end and the year in the middle). What is the significance of the two three-month periods at the beginning and at the end?
What, besides barley and oats, grows and is ready to eat in three months?
5)
The Mishnah now discusses a 'Sadeh ha'Ba'al' - a field that makes do with rain-water and which consequently produces fruit only once a year.
The Chazakah of a Sadeh ha'Ba'al differs from a Beis ha'Shalachin - inasmuch as it lasts three years, but not 'from day to day' as we will now explain.
According to Rebbi Yishmael, the Chazakah is eighteen months (See Tos. Yom-Tov [three months at the beginning, three months at the end and the year in the middle]). The significance of the two three-month periods at the beginning and at the end is - that there are some kinds of produce that grow in three months, and it is they, which when added to the middle year, make up the eighteen months.
Besides barley and oats - lentils grow and are ready to eat in three months.
6)
What does Rebbi Akiva say?
What is the significance of the two one-month periods at the beginning and at the end?
What, besides vegetables, grows and is ready to eat in one month?
What does Rebbi Yishmael say about that?
6)
Rebbi Akiva gives the time-period for the Chazakah of Sadeh ha'Ba'al as fourteen months (one month at the beginning, one month at the end and the year in the middle
The significance of the two one-month periods at the beginning and at the end is - that there are some plants that take only one month to grow.
Besides vegetables - Shachas (corn which is only one-third grown, which is fed to animals) grows and is ready to eat in one month.
Rebbi Akiva counters - that that is not Chashuv enough to make up a Chazakah.
7)
Rebbi Yishmael confines his eighteen-month Chazakah to a Sadeh Lavan. What is a Sadeh Lavan?
What is its special characteristic that governs Rebbi Yishmael's ruling?
What does he say about a Sadeh Ilan that contains vines, olives and figs?
What does the harvesting of the grapes and of the figs respectively, incorporate?
Like whom is the Halachah?
7)
Rebbi Yishmael confines his eighteen-month Chazakah to a 'Sadeh Lavan' - a cornfield ...
... which is all harvested at the same time.
With regard to a Sadeh Ilan that contains vines, olives and figs - he says that once Reuven has harvested the grapes, the olives and the figs (each of which is harvested at a different time), it has the same Din as three harvests of corn in three years, and he is believed.
The harvesting of the grapes and of the figs respectively, incorporates - making wine (See Tos. Yom-Tov DH 'Kanas es Tevu'aso') and drying the figs in the field (See also Tos. Yom-Tov).
The Halachah is - neither like Rebbi Yishmael nor like Rebbi Akiva (See Tos. Yom-Tov DH 've'Einah Tz'richah').
Mishnah 2
8)
What are 'the three lands for Chazakah' listed by the Tana?
What does he mean by that?
Does if the two lands are not at war or even on bad terms with each other?
What are the ramifications of this ruling?
8)
'The three lands for Chazakah' listed by the Tana are - Yehudah, Galil and Eiver ha'Yarden.
What he means is - that if Reuven makes a Chazakah in one of them and Shimon is in one of the others - due to a lack of caravans traveling from one to the other, any Mecha'ah that Shimon makes will not reach Reuven's ears, and the latter's Chazakah is not valid ...
... even if the two lands are not at war or even on bad terms with each other (See Tos. Yom-Tov).
Consequently - Reuven will be well-advised to look after his Sh'tar even after the first three years are up.
9)
What if Reuven and Shimon are located in two different towns in one of the three areas in question?
Why is that?
9)
If Reuven and Shimon are located in two different towns in one of the three areas in question however - the former's Chazakah is valid ...
... seeing as there are always caravans traveling from one to the other.
10)
According to Rebbi Yehudah, why did the Chachamim institute the three years of Chazakah?
What does he say about ...
... a case where Reuven and Shimon live in the same town?
... the three lands listed above?
Like whom is the Halachah?
10)
According to Rebbi Yehudah, the Chachamim instituted the three years of Chazakah - one year for Reuven to make a Chazakah (See Tos. Yom-Tov), one year for witnesses to travel to Spain (Ibid.) to inform Shimon tha Reuven is living on his land, and one year for Shimon to return and claim it (Ibid.).
He rules that ...
... in a case where Reuven and Shimon live in the same town - if Reuven maintains that he purchased Shimon's property, and Shimon fails to claim it, he (Reuven) acquires it immediately.
... the three lands listed above - are no different than Eretz Yisrael and Spain, and that in any event, after three years (where there is time for Shimon to have discovered that Reuven is living on his property and to return and reclaim it), Reuven may retain it.
The Halachah is - like the Tana Kama.
Mishnah 3
11)
What does the Mishnah mean when it says that a Chazakah without a Ta'anah is not a Chazakah'?
What if Reuven claims, not that Shimon sold him the property, but that ...
... he gave it him as a gift?
... his (Shimon's) father sold it to him or gave it to him as a gift?
On what condition will Reuven acquire the property after three years without a Ta'anah?
From which Ta'anah is he absolved?
What will he nevertheless be required to prove?
11)
When the Mishnah says that 'a Chazakah without a Ta'anah is not a Chazakah', it means that - if Reuven claims (not that he purchased the property, but) that nobody claimed it (See Tos. Yom-Tov).
If however, he claims, not that Shimon sold him the property, but that ...
... he gave it him as a gift, or that ...
... his (Shimon's) father sold it to him or gave it to him as a gift - his Chazakah is valid.
Reuven will acquire the property after three years without a Ta'anah - if he inherited the property from his father, in which case ...
... he is absolved - from having to prove how his father obtained it (See Tos. Yom-Tov) ...
... though he will he nevertheless be required to prove - that his father lived on the property for at least one day.
12)
What is the Tana referring to when he says that 'Umnin (artisans) do not have a Chazakah'?
On what condition will he be believed?
Why is that?
On what further condition will he be permitted to retain it?
What will be the Din if Shimon claims that he agreed to pay a lower price than the one that Reuven claims he offered him?
12)
When the Tana says that 'Umnin (artisans) do not have a Chazakah', he is referring to - Reuven who was given Shimon's article to repair, and who claims, when the latter comes to pick it up, that he sold it to him (See Tos. Yom-Tov).
He will be believed however - if the article in question has not been seen in his possession ...
... with a 'Migu' that he could have denied having it or that he already returned it ...
... in which case he will be permitted to retain it - with a Shevu'ah ...
... and the same distinction will apply, in a case where Shimon claims that he agreed to pay a lower price than the one that Reuven claims he offered him.
13)
About whom else, besides partners and Arisin (share-croppers) does the Mishnah say 'Ein lahem Chazakah'?
What is the case by partners?
On what condition does even a partner have a Chazakah?
13)
Besides partners and Arisin (share-croppers), the Mishnah say 'Ein lahem Chazakah' - in connection with Apotropin (managers who look after the affairs of children [See Tos. Yom-Tov]).
The case by partners is - where one of the partners ate all the fruit for three consecutive years (See Tos. Yom-Tov).
Even a partner has a Chazakah however - if he eats the fruit of a shared property which is large enough to divide between the partners (See Tos. Yom-Tov).
14)
What does an Aris usually receive?
In which case does the Mishnah now say that Arisin do not have a Chazakah?
To which kind of Arisin is this ruling confined?
What will be the Din by a regular Aris?
14)
An Aris usually receives either half, a third or a quarter of the produce annually.
When the Mishnah now says that Arisin do not have a Chazakah - it is referring to an Aris who worked in the field and ate all the fruit that grew in three consecutive years.
This ruling is confined however - to Arisei Batei Avos (who have been working for the family for a long time, and who are considered like Apotropin.
A regular Aris however - does have a Chazakah.
15)
What does the Mishnah say about the Chazakah of ...
... a man on his wife's property?
... a woman on her husband's property?
What if, in the former ruling, the husband wrote in the Kesubah that he has no rights in his wife's property?
Why is that?
And why, in the latter ruling, does the woman not have a Chazakah in her husband's property even if he designated a specific field for her sustenance, and she ate the fruit of a different field?
15)
The Mishnah rules that neither does ...
... a man have a Chazakah on his wife's property, nor ...
... a woman on the property of her husband.
The former ruling applies - even the husband wrote in the Kesubah that he has no rights in his wife's property ...
... because a wife tends not to mind if her husband eats fruit from her field whether he has rights in it or not and by the same token ...
... in the latter ruling, the woman does not have a Chazakah in her husband's property even if he designated a specific field for her sustenance, and she ate the fruit of a different field - because a man tends not to mind if his wife eats fruit from his field ... .
16)
And what does the Tana say about the Chazakah of a father on his son's property or vice-versa?
Why is that?
What does the Mishnah mean when it then says that by Nosein Matanah, they do have a Chazakah?
In which case, besides that of brothers who divide their inheritance, does the Tana issue the same ruling?
16)
The Tana says that - neither a father does not have a Chazakah on his son's property, nor vice-versa.
Why is that - since they are like Apotropin one on the other (See Tos. Yom-Tov).
When the Mishnah then says that by Nosein Matanah (See Tos. Yom-Tov), they do have a Chazakah, it means - that, in all the above cases, the ruling that there is no Chazakah is confined to where the one claims that he purchased it and the other one denies it. But where Reuven asks Shimon to make a Kinyan Chazakah, Shimon will acquire it like anybody else, and Reuven cannot retract.
Besides that of brothers who divide their inheritance (See Tos. Yom-Tov), the Tana issues the same ruling with regard to - someone who wishes to acquire the property of a Ger who died leaving behind no heirs.
17)
What will be the Din in a case where a woman sells her Nechsei Milug to her husband and then claims that she was merely trying to make her husband happy, but did not really mean the sale to be valid?
In which case, besides where she sold him Nechsei Tzon Barzel, is she believed if she makes that claim?
Why the difference?
17)
If a woman sells her Nechsei Milug to her husband and then claims that she was merely trying to make her husband happy, but did not really mean the sale to be valid - the sale is nevertheless valid.
Besides where she sold him Nechsei Tzon Barzel, she is believed if she makes that claim - with regard to property which her husband designated for her Kesubah ...
... both of which the husband actually has ownership, which is not the case by Nechsei Milug.
18)
What will be the Din in the reverse case, where the husband sells his property to his wife?
What happens to the property after the sale?
On what condition is the sale invalid?
18)
In the reverse case, where the husband sells his property to his wife - the sale is valid too.
After the sale - the property belongs to the wife, and the husband may eat the Peiros, like he does in the case of Nechsei Milug.
The sale is invalid however - if the wife was hiding her money, and the husband only sold her the property in order to get her to reveal it.
19)
The Tana defines the Kinyan of Chazakah that we discussed a little earlier as 'Na'al, Gadar u'Paratz'. What is the meaning of ...
... 'Na'al',?
... 'Gadar',?
... 'Paratz'?
What is the common Shi'ur for all three?
19)
The Tana defines the Kinyan of Chazakah that we discussed a little earlier as ...
... 'Na'al' - fixing a door.
... 'Gadar' - building a wall.
... 'Paratz' - breaching an existing wall.
The common Shi'ur for all three is - a Kol Shehu (See Tos. Yom-Tov).
Mishnah 4
20)
If witnesses who testify that Reuven (who claims that he purchased Shimon's field) ate the fruit for three consecutive years, turn out to be Zom'min, they must pay the full value of the field to Shimon. What if three different pairs of witnesses testify, one pair each year?
What does the Mishnah say about three brothers testify on three consecutive years together with a stranger, who testifies with each one?
Why is their testimony acceptable?
How much must they pay in the event that they turn out to be Zom'min?
On what condition do they become Zom'min?
20)
If witnesses who testify that Reuven (who claims that he purchased Shimon's field) ate the fruit for three consecutive years, turn out to be Zom'min, they must pay the full value of the field to Shimon (See Tos. Yom-Tov DH 'Meshsalmin' & 'Meshalmin es ha'Kol'). If three different pairs of witnesses testify, one pair each year - they pay the fine between them (See Tos. Yom-Tov).
The Mishnah rules that if three brothers testify on three consecutive years together with a stranger, who testifies with each one - they are considered three independent testimonies and they are believed ...
... since they do not testify on the same thing.
In the event that they turn out to be Zom'min however - they must pay the fine between them (See Tos. Yom-Tov) ...
They only become Zom'min - if all of them do.
Mishnah 5
21)
The Mishnah now discusses things that are subject to Chazakah (See Tos. Yom-Tov) and things that are not, beginning with Reuven who places his animals, a Tanur, a Kirayim or a mill in the Chatzer. In whose Chatzer does he place them?
What final item does the Tana add to the list?
What sort of Chazakah is he referring to?
Why is the Chazakah not valid?
21)
The Mishnah now discusses things that are subject to Chazakah (See Tos. Yom-Tov) and things that are not, beginning with Reuven who places his animals, a Tanur, a Kirayim or a mill (See Tos. Yom-Tov) in the Chatzer - which he shares with Shimon..
The final item that the Tana adds to the list is - his chickens.
The Tana is referring to - a Chazakah of three years.
The reason that the Chazakah is not valid is - because one partner does not generally mind if the other one uses the Chatzer for these things (See Tos. Yom-Tov).
22)
What will Reuven have to do for the Chazakah to be valid in the case of ...
... the animals?
... the Tanur, the Kirayim and the mill?
What distinction does the Rambam draw between a partner and someone else?
On what condition will Reuves be able to make a Chazakah in the case of a shared house, if he takes his chickens into the house?
22)
For the Chazakah to be valid in the case of ...
... the animals, Reuven will have to - put up a Mechitzah of ten Tefachim, and the same applies to ...
... the Tanur, the Kirayim and the mill.
The Rambam draws a distinction between a partner - whose Chazakah takes immediate effect, and someone else - where it takes effectg only after three years.
Reuven will be able to make a Chazakah in the case of a shared house, takes his chickens into the house - if there too, he puts up a Mechitzah of ten Tefachim
Mishnah 6
23)
The Mishnah now discusses the Chazakah of a Marzev and a Mazchilah. What is ...
... a 'Marzev'?
... a 'Mazchilah'?
Why is ...
... a 'Marzev' so called ? What is it the acronym of?
... a 'Mazchilah' so-called?
What does he mean when he says that ...
... 'the place of the Marzev has a Chazakah'?
... 'the Marzev does not have a Chazakah'?
What does the Tana now say about a Mazchilah?
Why the difference between the Marzev and the Mazchilah?
23)
The Mishnah now discusses the Chazakah of ...
... a 'Marzev' - a small vertical drain-pipe.
... a 'Mazchilah' - the large horizontal drain-pipe which runs into the Marzev.
The reason that ...
... a 'Marzev' is so called is - because it is the acronym of 'Mar Zav (the area from which 'drops flow').
... a 'Mazchilah' is so-called - because the rain water flows though it.
When the Tana says that ...
... 'the place of the Marzev has a Chazakah', he means - that the owner of the house does not have the right to remove it completely (because it pours into his Chatzer).
... 'the Marzev does not have a Chazakah' ... - that he does have the authority to move it from one end to the other, if necessary.
He now rules that a Mazchilah - has a Chazakah (and that the owner is not permitted to move it at all [See Tos. Yom-Tov]).
The difference between the Marzev and the Mazchilah is - the fact that whereas the former is of a temporary nature (to be moved from one end to the other), the latter is permanently fixed.
24)
What is the difference between a 'Sulam ha'Mitzri' and a 'Sulam Tzuri'?
Why does the former therefore not have a Chazakah whereas the latter does?
24)
A 'Sulam ha'Mitzri' is - small transportable ladder (See Tos. Yom-Tov), whereas a 'Sulam Tzuri' is - a large one that one tends to fix to one roof or dovecote on a more permanent basis.
The former therefore does not have a Chazakah - since Shimon does not mind Reuven placing it there whenever he wants to make repair to his roof or collect doves from his dovecote; whereas the latter does - because he does.
25)
What is the difference between ...
... a 'Chalon ha'Mitzri' and ...
... a 'Chalon Tzori'?
What does the Mishnah therefore rule regarding the Chazakah of a the two windows?
What are the ramifications of this ruling regarding the former?
On what grounds does Shimon nevertheless have the right to stop Reuven from building it in the first place, even if it is higher than four Amos?
25)
A 'Chalon ..
... ha'Mitzri' is - a window which is too small to allow Reuven to place his head'.
... Tzori' is - a one that is large enough for him to do so.
The Mishnah therefore rules - that whereas the latter has the a Chazakah, the former does not.
Consequently, should Shimon wish to build a wall and block it, Reuven cannot stop him from doing so.
Shimon nevertheless has the right to stop Reuven from building it in the first place, even if it is higher than four Amos (See Tos. Yom-Tov) - since Reuven might otherwise place a bench underneath it and stand on it.
26)
The Tana rules however that a Chalon Tzuris has a Chazakah, even if it is higher than four Amos. Which ...
... small window has a Chazakah even if it is higher that four Amos (once Shimon allows Reuven to build it)?
... other small window has a Chazakah, even though it is not meant for light?
On what principle is this ruling based?
What about Hezek Re'iyah?
What is the time-period for the Chazakah of Nezikin?
26)
The Tana rules however, that a Chalon Tzuris has a Chazakah, even if it is higher than four Amos. Even ...
... a small window has a Chazakah even if it is higher that four Amos (once Shimon allows Reuven to build it) - if it is specifically meant for light (See Tos. Yom-Tov).
... a small window has a Chazakah - if it is lower than four Amos, even though it is not meant for light.
This ruling is based on the principle - 'Yesh Chazakah li'Nezikin' ...
... including Hezek Re'iyah (See Tos. Yom-Tov DH 'u'le'Tzuris ... ').
If Shimon is aware of the Nezek, and fails to object - Reuven has a Chazakah immediately.
27)
'Yesh Chazakah li'Nezikin' has only three exceptions. Two of them are smoke and dust. What is the third?
On what condition does Rebbi Yehudah rule that Reuven has a Chazakah even if he builds a Chalon ha'Mitzris above the height of four Amos?
27)
'Yesh Chazakah li'Nezikin' has only three exceptions - smoke, dust and smell (such as that of a bathroom).
Rebbi Yehudah rules that Reuven has a Chazakah even if he builds a Chalon ha'Mitzris above the height of four Amos - if he adds a window-frame and Shimon does not object.
28)
Finally, the Mishnah discusses the Din of Chazakah regarding a ledge that Reuven fixes on his wall. Where does he build it?
On what condition ...
... does Reuven have a Chazakah on it?
... can Shimon stop Reuven from fixing it
What are the ramifications of the Chazakah?
On what does a ledge of less than a Tefach not have a Chazakah?
what if Shimon objects to Reuven fixing it?
28)
Finally, the Mishnah discusses the Din of Chazakah regarding a ledge that Reuven fixes on his wall - that juts into Shimon's Chatzer.
Reuven ...
... has a Chazakah on it - if it juts out at least a Tefach, in which case ...
... Shimon can stop Reuven from fixing it.
The ramifications of the Chazakah are - that Shimon is not permitted to build a wall that blocks Reuven's access to his ledge.
A ledge of less than a Tefach does not have a Chazakah - since it has no permanence.
Shimon cannot stop Reuven from fixing it (See Tos. Yom-Tov).
Mishnah 7
29)
To whom is the Mishnah referring when it says that one is not permitted to open (build) a window that overlooks a courtyard belonging to partners?
How about opening one that overlooks a Chatzer of which he is not a resident?
Why is it forbidden?
Why does the Tana forbid Reuven to build a doorway from a Chatzer where he owns an apartment into a wall that leads to an adjoining Chatzer where he also owns an apartment?
29)
When the Mishnah says that one is not permitted to open (build) a window that overlooks a courtyard belonging to partners - it is referring to someone who is himself a resident in the Chatzer ...
... how much more so will it be forbidden if it overlooks a Chatzer of which he is not a resident.
It is forbidden - on account of Hezek Re'iyah.
The Tana forbids Reuven to build a doorway from a Chatzer where he owns an apartment into a wall that leads to an adjoining Chatzer where he also owns an apartment - because by so doing, he causes more people to walk through the Chatzer (See Tos. Yom-Tov) against the wishes of the other residents.
30)
By the same token, Reuven may not build an entrance from the attic that he has built leading down to the Chatzer in which his apartment stands. What does the Tana permit him to do?
Why is this permitted? Why are we not concerned that more people will use the Chatzer via his house?
From which Pasuk in Parshas Balak does the Mishnah learn the prohibition of Reuven building an entrance or a window in his apartment facing an existing entrance or window in the Chatzer?
How does he learn it from there?
30)
By the same token, Reuven may not build an entrance from the attic that he has built leading down to the Chatzer in which his apartment stands. The Tana does however, permit him - to split the front room of his house into two, and an attic on top of his house that opens into his house.
We are not concerned that more people will use the Chatzer via his house - since a person is allowed to fill one's own house with residents.
The Mishnah learn the prohibition of Reuven building an entrance or a window in his apartment facing an existing entrance or window in the Chatzer (See Tos. Yom-Tov) from the Pasuk in Parshas Balak - "Mah Tovu Ohalecha Ya'akov" ...
... in which our archenemy Bil'am praised Yisrael, when he perceived how their doors did not face one another (See Tos. Yom-Tov).
31)
If Reuven has a entrance or a window that faces an entrance or a window in the Chatzer, why does the Tana forbid him to ...
... enlarge it?
... build a second one?
What does he say about ...
... building an entrance or a window onto the street (See Tos. Yom-Tov), opposite an entrance or a window on the other side of the street?
... enlarging an existing one or adding an extra one?
Why is that?
31)
If Reuven has a entrance or a window that faces an entrance or a window in the Chatzer, the Tana forbids him to ...
... enlarge it - because the other residents can claim that as long as it is small they can remain out of sight, but not once he enlarges it, and, for the same reason - they can object if he comes to ...
... build a second one.
He permits however ...
... building an entrance or a window onto the street (See Tos. Yom-Tov), opposite an entrance or a window (See Tos. Yom-Tov) on the other side of the street ...
... or enlarging an existing one or adding an extra one ...
... since the residents of that Chatzer anyway need to make the effort to hide from the passers-by in the street.
Mishnah 8
32)
What is the Din regarding digging a hole (See Tos. Yom-Tov), a pit, a trench or a cave underneath the public street?
Why will this Din apply even if one undertakes liability for all damages that it might cause?
On what condition does Rebbi Eliezer permit it?
Like whom is the Halachah?
32)
It is forbidden to dig a hole, a pit, a trench or a cave underneath the public street (See Tos. Yom-Tov) ...
... even if one undertakes liability for all damages that it might cause - because people do not want to take the trouble of having to go to Beis-Din to claim damages.
Rebbi Eliezer permit it - provided one reinforces the area to ensure that a wagon carrying stones can pass over the spot safely (See Tos. Yom-Tov).
The Halachah is - like the Tana Kama.
33)
The Mishnah now discusses fixing Zizin and G'zuztera'os on to a wall that faces the public street. What is the difference between 'Zizin' and 'G'zuztera'os'?
What is the reason for the prohibition?
On what condition does the Mishnah permit it?
33)
The Mishnah now discusses fixing 'Zizin' - (small ledges) and 'G'zuztera'os' (large beams) on to a wall that faces the public street ...
... in case people hurt themselves on them (See Tos. Yom-Tov).
The Mishnah permits it - provided one moves one's wall inwards, so that the ledge ends up flush with the edge of the street but does not protrude into it (See Tos. Yom-Tov).
34)
What will be the Din if someone purchases a wall with ledges that protrude into the street?
Why is that?
On what principle is this ruling based?
34)
If someone purchases a wall with ledges that protrude into the street - he may retain them ...
... because we assume that the purchaser already moved his wall inwards (See Tos. Yom-Tov).
This is based on the principle 'To'anin le'Lokei'ch' (Seeing as the purchaser does not know the affairs of the seller, Beis-Din make the claim on his behalf).
