Question #1 (R. Aba bar Mamal): When Shimon lives below, is he alone?

Or, may Reuven dwell with him, for he never agreed to be expelled from his own house!

Question #2: If Reuven dwells with him, does Shimon enter normally, or must he enter (his Aliyah as he used to, via a ladder, and then) down a ladder from his Aliyah?

Is Shimon required to live like he used to, climbing up to his roof?

Or, can he say 'I consented only to climb to enter my house, but not to descend as well!'

Question #3: If Shimon can say 'I never consented to climb and descend' if there were two Aliyos on top of the house, what is the law?

Obviously, if the top story sinks, Shimon must accept the middle story, for it is less climbing.

If the middle story sinks, must Shimon accept the top story?

Can Reuven say 'you consented to climb to enter your house. You must merely climb more!'

Or, can Shimon say 'I consented to climb only one story, not two!'

These questions are not resolved. (Rambam - the last question is not resolved. The first questions are resolved the way the following question suggested.)

(Mishnah - R. Yosi): Reuven must supply the ceiling...

Question: What does this mean?

Answer #1 (R. Yosi b'Rebbi Chanina): It is wicker mats.

Answer #2 (Stini): It is cedar boards.

They do not argue. Each teaches what is standard in his region.

Reuven lived in a house and Shimon lived in its Aliyah. The plaster (of the Aliyah floor) came off; when Shimon would wash his hands, the water would drip into the house.

(R. Chiya bar Aba): Shimon must fix it.

(R. Ila'i): Reuven must fix it.

Suggestion: R. Chiya bar Aba and R. Ila'i argue like R. Yosi and Chachamim argue.

R. Chiya bar Aba says that the upper dweller must fix it (like R. Yosi, who obligates him to supply the plaster) because the damager must distance himself from damaging;

R. Ila'i says that the lower dweller must fix it (like Chachamim) because the victim must distance himself from being damaged.

Objection: R. Yosi and Chachamim hold just the contrary!

(Mishnah): We distance a tree 25 Amos from a pit. A carob or sycamore tree must be distanced 50 Amos;

This applies in all cases, whether the tree is above, below or even with the pit.

If the pit was there first, the tree must be cut, and the owner of the pit must pay;

If the tree was there first, the tree is not cut.

R. Yosi says, even if the pit was there first we do not cut the tree;

Just like one may dig in his own property, one may plant in his own property!

This shows that R. Yosi obligates the victim to distance himself, and Chachamim obligate the damager to distance himself!

Rather, we can say that R. Chiya bar Aba and R. Ila'i argue like R. Yosi and Chachamim argue in that Mishnah;

R. Chiya bar Aba obligates the damager to distance himself, like Chachamim;

R. Ila'i obligates the victim to distance himself, like R. Yosi.

Question: What do R. Yosi and Chachamim argue about in our Mishnah?

Answer: They argue about whether plaster is needed to support the ceiling. (Reuven is not bothered by dripping water, rather, Shimon is concerned about the sturdiness of his floor.)

Chachamim hold that plaster is needed to support the ceiling, therefore Reuven must supply it;

R. Yosi holds that pegs suffice to support the ceiling. Plaster is only to make it smooth, therefore Shimon must supply it (if he wants).

Question: Rav Ashi taught that R. Yosi admits that the damager may not send arrows (precipitate damage directly. Why does R. Ila'i exempt Shimon?)

Answer: The case is, the water does not fall straight down, so this is not considered arrows.

(Mishnah): If a two-story house fell, and Shimon (who owns the Aliyah) wants to rebuild it but Reuven (who owns the ground floor) refuses, Shimon may build (one story) and live there. Reuven may not live there until he pays Shimon's expenses.

R. Yehudah says, if Shimon lives there, he must pay rent to Reuven;

Rather, Shimon builds both stories, then he may live in the house until Reuven pays the expenses (of the ground floor. Since Shimon could live in the Aliyah, he does not benefit from Reuven's house.)

(Gemara - R. Yochanan): R. Yehudah teaches that one may not benefit from Ploni's money (without Ploni's consent) in our Mishnah and in two other Mishnayos:

(Mishnah - R. Meir): If Reuven asked Shimon to dye wool red, and he died it black, or vice-versa, Shimon pays the value of the wool he received;

R. Yehudah says, Reuven pays the increased value or Shimon's expenses, whichever is smaller.

(Mishnah - R. Yosi): Reuven paid part of his debt to Shimon. He fixed a date and gave the document to Levi, and said 'if I do not pay the rest by this date, give the document to Shimon (who may then collect the full amount).' If Reuven does not pay in time, Levi gives the document to Shimon;

R. Yehudah says, he does not give it.

Rejection: Perhaps R. Yehudah (normally permits, but) forbids in our Mishnah because living in a house blackens the walls (causing a loss)!

Perhaps he makes the dyer return the wool because he deviated;

(Mishnah): Anyone who deviates has the lower hand.

Perhaps he says that Levi does not give the document to Shimon because this was Asmachta (an exaggerated promise), and we know that R. Yehudah holds that a condition of Asmachta is invalid!

(Rav Acha bar Ada): If the wall was originally cut stones, and Reuven (the bottom dweller) wants to rebuild (the part incumbent on him, i.e. up to the ceiling) from uncut stones, he may. (Uncut stones are generally a Tefach thicker, as the Mishnah says at the beginning of Bava Basra, thus making the wall even stronger.)

If it was originally uncut stones, he may not rebuild it (thinner) from cut stones;

If it was originally bricks, he may rebuild it (thicker) from half-bricks. If it was originally half-bricks, he may not rebuild it (thinner) from bricks.

If he wants to use cedar wood for the ceiling (in place of sycamore, which is lighter and weaker), he may, but not vice-versa;

He may rebuild it with less windows than originally, but not with more (this weakens the wall);

He may rebuild it lower than originally, but not higher (this is less stable, and also it is extra exertion for Shimon to get to his Aliyah).

Question: If neither can afford to rebuild it, and the owner of the land wants to sell the land, what is the law?

Answer (Beraisa - R. Nasan): Reuven gets two thirds of the money, Shimon gets one third;

Others say, Reuven gets three quarters of the money, Shimon gets one quarter.

(Rabah): The Halachah follows R. Nasan. He was the Av Beis Din, and he delved to the heart of the law.

An Aliyah decreases the longevity of a house by a third. Therefore we considered the Aliyah's owner to own a third of the house, and therefore a third of the land.

(Mishnah): The same applies if Shimon owned a garden on top of Reuven's olivepress built in a rock, and the roof of the olivepress - which is the garden floor - sank: Shimon may plant below until Reuven builds a support for the garden floor.

If Levi's tree or wall fell into the Reshus ha'Rabim and damaged, he is exempt;

If Beis Din gave him time to cut the tree or destroy the wall and it fell within the time, he is exempt. If it fell after the time, he is liable.

If Reuven's wall was next to Shimon's garden and it fell, and Shimon told him to clear away the rocks, he must do so. He cannot say 'they are yours (now; clear away them yourself)'.

If Shimon agreed to take them, later Reuven cannot say 'I will pay your expenditures and take them back.'