1)

(a)Rebbi Aba bar Mamal asks whether, in our Mishnah, when Reuven moves downstairs, Shimon is obligated to move out, because to begin with, he rented Reuven a single apartment, or whether he may remain there - because it is obvious that he did not rent out an apartment for him to have to be forced out of his own house.

(b)Assuming that we rule like the second side of the previous She'eilah - he then asks whether Reuven is permitted to enter through the front door, or whether he is obligated to enter via the roofs and then to descend into the apartment.

(c)Reuven might be permitted to use the front door, despite the fact that initially, he entered the attic via the rooftops - because initially, he only needed to climb up the ladder to get to his attic, whereas now, he has to ascend via the ladder and descend again via the house.

(d)Assuming the second side of the previous She'eilah, we then ask - whether, if Reuven rented the middle floor of a three-storey building and his apartment becomes uninhabitable, he is obligated to accept the top floor as alternative accommodation (seeing as he accepted an upper floor apartment), or whether he can opt to move downstairs, since he only accepted a first-floor apartment, and not one on the second-floor (see also Tosfos DH 'Ifchis'). The outcome of this She'eilah is 'Teiku'.

2)

(a)Rebbi Yossi obligates the owner to repair the floor of the attic. According to Rebbi Yossi b'Rebbi Chanina, this constitutes poles and rush-mats. S'tini Amar Resh Lakish says - boards.

(b)They do not in fact, argue - each one prescribes what was customarily used in his town.

3)

(a)We now discuss the case of the cement of the floor of Reuven's attic that cracked - creating the problem - that whenever he washes himself, the water seeps through his floor into Shimon's apartment, causing damage.

(b)According to Rebbi Chiya bar Aba, the onus of repairing the floor lies on Reuven; Rebbi Ila'i in the name of Rebbi Chiya bar Yosef however, maintains - that if Shimon wants to avoid the damage, then he will have to effect the repairs himself.

(c)We cite the Pasuk "ve'Yosef Hurad Mitzrayim" - to help us remember that the latter, whose name contained "Yosef" was the one who placed the onus on Shimon, who lived below, to effect the repairs.

4)

(a)Initially, we suggest that the above Machlokes is connected to the Machlokes Tana'im in our Mishnah. Rebbi Chiya bar Aba holds like the Tana Kama, and Rebbi Ila'i, like Rebbi Yossi. The reason that we attribute to ...

1. ... the Tana Kama, who obligates the owner of the house to repair the ceiling is - that the onus of avoiding the damage lies on the Nizak.

2. ... Rebbi Yossi, who requires the owner of the attic to provide the cement is - that the onus of avoiding the damage lies on the Mazik.

(b)We reject this suggestion in that Rebbi Yossi and the Rabbanan are not arguing over damages. This in turn, is based on the fact that, in a Machlokes in Bava Basra, they hold exactly the opposite (as we shall now see).

(c)They argue there regarding Reuven's tree that is growing within twenty-five Amos of Shimon's pit (fifty Amos if it a carob or a Shikmah tree). The Tana Kama there holds, assuming that ...

1. ... the pit was there first - that Reuven is obligated to chop down his tree, though Reuven will have to compensate him for his loss.

2. ... the tree was there first - the tree may remain standing.

3. ... it is a Safek - the tree may remain standing, too.

(d)The Tana does not make an allowance for a tree that is much lower down on the slope of a mountain than the pit - because the roots will still weaken the soil underneath the pit and cause the walls to cave in.

5)

(a)Rebbi Yossi there - places the onus of moving on the Nizak, in which case Reuven is never obligated to chop down his tree.

(b)The basis of their Machokes is - whether the onus of avoiding the damage lies on the Mazik (the Tana Kama) or on the Nizak (Rebbi Yossi).

(c)We finally establish ...

1. ... Rebbi Chiya bar Aba - like the Tana Kama of the Mishnah in Bava Basra.

2. ... Rebbi Ila'i - like Rebbi Yossi there.

(d)And the basis of the Machlokes Rebbi Yossi and the Tana Kama in our Mishnah is - whether cementing the roof is considered reinforcing the ceiling of the man who lives below (the Rabbanan), or straightening the floor of the person living above (Rebbi Yossi).

6)

(a)We query the above comparison of the Machlokes Amora'im (in the case of the dripping water) to the Machlokes Tana'im however, from Rav Ashi, who quoted Rav Kahana as saying - that even Rebbi Yossi concedes that when it is 'Giyri Dileih' (meaning that as long as the Mazik or his 'arrows' are damaging the Nizak directly), then the onus of moving the damage lies with him.

(b)We initially consider our case to be one of 'Giyri Dileih' - because the water dripping on to Shimon below is like his arrows.

(c)We answer however - by establishing the case when the area where Reuven washes is not directly above the spot where the water falls on to Shimon, but that it first flows to another point from where it falls on to Shimon (and that is not 'Giyri Dileih', but 'G'rama').

7)

(a)In a case where Reuven and Shimon share a house, and where Reuven lives in the attic and Shimon downstairs, if the house caves in and Shimon refuses to rebuild his floor - the Tana Kama permits Reuven to build the ground floor and to live there without paying rent, until such time as Shimon reimburses him.

(b)Rebbi Yehudah objects to the Tana Kama's ruling - because since Reuven benefits by living in Shimon's house without rent, even though Shimon (who did not intend to build anyway) loses nothing, he is obligated to pay rent (since he holds 'Zeh Neheneh ve'Zeh Lo Chaser, Chayav'). Consequently, should he fail to pay, it looks like Ribis on the money that Shimon owes him.

(c)According to Rebbi Yehudah, Reuven will therefore have to build the attic too, before moving into the downstairs apartment. Then there will be no problem with Ribis, seeing as the attic is available to him, and he gains nothing by taking up his quarters downstairs.

8)

(a)When Rebbi Yochanan lists our Mishnah as one of three places where Rebbi Yehudah forbids Reuven to benefit from Shimon's property without his consent - he is referring to Rebbi Yehudah's ruling that 'Zeh Neheneh, ve'Zeh Lo Chaser, Chayav', as we just explained.

(b)The second place is the Mishnah in Bava Kama, where Reuven gave Shimon wool to dye red and he dyed it black or vice-versa. Rebbi Meir there rules that he pays the owner for his wool, and keeps the coat - because he holds 'Shinuy Koneh' (he acquires the object with Shinuy).

(c)According to Rebbi Yehudah - the owner pays the dyer whichever is less of the Sh'vach and the expenses. Here too, the dyer is not allowed to benefit from the owner's wool without his consent.

(d)The third case is a Mishnah in Bava Basra where, after receiving half his debt from Shimon, Reuven hands the Sh'tar to a third person, whom Shimon instructs, that in the event that he fails to pay the balance by a certain date, he should return the Sh'tar to Reuven. Rebbi Yossi rules there 'Yiten'. Rebbi Yehudah rules - 'Lo Yiten' (preventing the creditor from benefiting from the debtor's property without his express consent).

9)

(a)We query Rebbi Yochanan's reasoning in all three cases, however. Rebbi Yehudah's stringent ruling in the case of ...

1. ... our Mishnah might be - because Reuven can counter that Shimon cannot expect him to pay for the new building whilst he (Shimon) benefits from it. Bear in mind that by the time the latter moves out, the walls will have become black from the smoke, in which case it is a matter of 'Zeh Neheneh ve'Zeh Chaser'.

2. ... the Mishnah in Bava Kama - because, in spite of the fact that the dyer ought to acquire the coat with Shinuy, Chazal fined the dyer for not abiding by the original condition.

3. ... the Mishnah in Bava Basra - because 'Asmachta Lo Kanya'.

(b)According to this, if Reuven took up residence in Shimon's Chatzer (assuming that Shimon had no intention of renting it out) - Rebbi Yehudah would agree that he would not be obligated to pay Shimon rent, because he too holds 'Zeh Neheneh ve'Zeh Lo Chaser, Patur'.

(c)We just established Rebbi Yehudah's reason in Bava Basra as 'Asmachta Lo Kanya'. When we add 'because we have heard him say so' - we are not in fact referring to any other source, but that it was more logical to explain his reason there that way (than Rebbi Yochanan's originally supposition that it is because 'Asur le'Adam she'Yeheneh mi'Mamon Chavero').

10)

(a)When the owner comes to rebuild the ground-floor apartment of the house that collapsed, Rav Acha bar Ada quoting Ula, permits the owner to switch from ...

1. ... Gazis to G'vil, but not vice-versa - because G'vil, which comprises bricks whose edges have not been smoothened, are six Tefachim thick, one Tefach more than Gazis (in which case, he ends up with a more solid house).

2. ... Leveinim to Kefisin, but not vice-versa - because, by the same token, Kefisin comprise two half-bricks of one and a half Tefachim thick, plus a Tefach of grit in between (expanding the wall from the three Tefachim thickness of Leveinim to four).

(b)By the same token again, he permits the owner to switch from Shikmim to cedars (because they are stronger) when building the partition between his apartment and that of the first-floor owner's. He also ...

1. ... forbids the owner to add windows, as this weakens the building, but permits diminishing them.

2. ... forbids him to raise the height of his apartment for the same reason, but permits lowering it.

(c)If both owners are poor and cannot afford to build, and the owner of the ground floor wants to sell the ground, Rebbi Nasan grants him two-thirds of the ground, and the owner of the attic, one third. Acherim (Rebbi Meir) - grants the former three-quarters and the latter, a quarter.

(d)Rabah rules like Rebbi Nasan, because he was a Dayan who got to the bottom of the Halachah. The reasoning behind Rebbi Nasan's ruling is - that the first floor of the building shortens the life of the building by a third.

11)

(a)In a case of an oil-press in a cave belonging to Reuven above which is a vegetable garden belonging to Shimon, if the ceiling of the cave collapsed and Reuven refuses to rebuild it - our Mishnah permits Shimon to plant his vegetables in the area of Reuven's oil-press until Reuven builds a new archway over his oil-press, which Shimon is then able to fill in with earth and re-plant his garden.

(b)If a wall or a tree falls into the street causing damage, the owner is generally Patur. He will be Chayav however - if it fell after he exceeds the time-limit that Beis-Din issue him to knock or chop it down.

(c)The time limit that Beis-Din give him - is thirty days, as Rebbi Yochanan explains in the Gemara?

12)

(a)In a case where Reuven's wall fell onto Shimon's vegetable-garden, and in response to Shimon's request to remove his stones, he replies that Shimon should keep them - Shimon is entitled to refuse, and to insist that Reuven removes them.

(b)And if after Shimon accepts Reuven's offer, the latter then offers to pay the former for his expenses and wants his stones back - Shimon is entitled to refuse.

(c)In a case where ...

1. ... Reuven instructs Shimon his laborer to take the haystack that he built as his wages - Shimon has the right to insist that he gets paid in cash.

2. ... after Shimon has accepted Reuven's offer, Reuven offers him his wages instead - he is entitled to refuse.