Bava Batra 2 - June 26, 21 Sivan

Bava Batra bookmark Study Guide Bava Batra 2 Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro and her father Nehemiah Sosewitz. "Sara proudly shared that her father taught her some Talmud at a time when that was not done. He came to Chicago from Stashov Poland and was known for delivering the laundry along with a dvar Torah. Sara was a highly respected Jewish educator in Chicago. May both their memories be for a blessing."  Today's daf is sponsored by Rachel Reshet in memory of Shalom Elimelech ben Esther and Efraim Fishel Yehoshua. If two neighbors share a courtyard and agree to divide it, they are each required to give space for the dividing wall and share the expenses of building it. Can one force the other to build a wall - both to help with paying for it and for using the space in his property to build it? The Mishna mentions the word mechitza. Does a mechitza mean a wall or a divider? If the word mechitza means a wall, then the Mishna is understood to mean "If both sides agree to build a wall, then there are the rules...," meaning that if they did not agree to build a wall, one can't insist the other build a wall. This reading assumes that damages caused by one looking into another's courtyard (heizek re'iya) are not considered damages. However, if mechitza means divider, then the Mishna is read differently. "If both sides agree to divide, then they need to build a wall." This reading assumes that damages caused by looking into another's courtyard are considered damages. Difficulties are raised against both interpretations, but the one against the second opinion is not resolved and therefore the Gemara concludes that heizek re'iya is not considered damages. However, the Gemara ten brings five tannaitic sources and one statement of an amora which all seem to indicate the opposite, that damages caused by looking into another's courtyard are considered damages. Each source is then explained differently to support the previous conclusion, that they are not considered damages.