Take Ten for Talmud
1652BabaBasra18- Who needs to move from whom to avoid the damage in the yard- Bees and Mustard
A very good morning, on behalf of Teach 613, we welcome you to take 10 fatamud, Baba Bhavasra Yudhchasp, Baba Bhavasra 18a, pagination is 35, we're dealing with different cases that a person is doing something besoch shallow in his own resource, in his own area, but it is going and causing a damage in the property of his neighbor. And as the Gomorrah develops into different sophisticated cases, we will see that there are a variety of considerations in halachalamisa, which have to be taken into account. An example, just keeping it simple, a person has a tree growing in his own yard, and the roots will eventually affect the storage pit of water that's in his friend's area, because the roots are going to eventually reach there and cause problems to the wall of the pit. And one of the questions obviously is, whose responsibility is it to distance from such a situation, the owner of the tree or the owner of the pit? In this case, how hard is it to relocate the pit as opposed to how hard is it to take the loss of the tree? What kind of damage are the roots doing to the pit if it's only after a lot of time and it's Mimele, it's not direct damage. And once we have all of these different aspects taken into account, then we would know exactly how to proceed on each one of these cases. One of the considerations, which is what we'd like to explore starting out here, is what happens if the field does not yet have the thing to which I'm doing the damage as it develops later on, meaning the pit is not there now. So I plant the tree, not far from the edge of the property, and then the person wants to put in his pit, and what possessed you, he asks, to put a tree so close to my property that its roots are going to infringe on the usage of my property for something normal like putting in a pit. So the Gamora on the facing page at Zionum at Bayes, about 10 lines from the top, tells us itma we learned, habo lismor pezat ha maitzar, a person who's putting in whatever it is that could theoretically cause damage, he's putting it in near the border. Between the two yards, Abaya Omar Someh, Abaya says that's fine, Virava Omar Enosomeh and Rava says it's not okay. Let's keep down about five lines, Ikeda Amri, there are those that explain this bachlokis in the following way. Bissad al-Shaena asu-yul-yul-yul-yul-yul-yul-yul-yul-yul-yul-yul-yul, if it's a field that's not normal to dig such pits, then everybody agrees you can put the tree in your property and not worry about it. Ki-plegi, when was the bachlokis? Sadoja Asuya Le Boros, a field that it's normal to dig such a pit, but right now the pit is not there. Abaya Omar Someh, Abaya says it's fine, you can do it. Afilo Le Rabonon, even according to the Rabbi opinion, the Amri Marjikineso Ila Minabur, Estrim Vohmesh Amor that you have to distance a tree from a pit. Twenty-five Amos, Hasam who the reason over there is to be Idna de Karnata Isal Abur because at that point the pit is there. Avalha Khabidna de Kakhafar Lassal Abur. Right now, I'm doing what I'm doing, there's no pit there, I don't have to distance. Vohrava Omar Inasamkh, and Rava says since it is a field that's normal to get pits like this, you're already not allowed to put the potential damage near the border between the fields because it will, we anticipate, cause damage. Afilo Le Rabiosi Dama Zakhaf Abusakshal Abusakshalab is a notabusakshalab. Even according to Rabiosi who says, each one can do their things in their own property. Hani Mili Asam de Bihidna de Karnata Lassal Nuhul al-Sharash of Damaski Le Labur. That's because when dealing with a tree, so the roots that are going to damage the pit are not yet here. Avalha Khab al-Malay, but over here where a person is digging in his own property, the other person can argue that his land is supporting and is getting damaged, is getting vibrated by what's going on. They're komara, umara, the komahayis, every time you hit with the shaval, komarpis lala al-aayi, you're affecting my ground. And therefore that's different than a tree that has not yet sent out its roots. So we have a fundamental question if the other person is not yet there with the thing that's going to be damaged, am I still restricted from using my property in the way that I choose? Let's move on to today's daf. Yurhasa madal. If the bottom of the page, about 10 lines up, the beginning of the line, tashama, come in here, what is suggested to be approved. Marhikinesamishraminayyaruk, the laundry wash water has to be distanced from vegetation because if that water seeps through the ground, or when it seeps through the ground, if it's too close, it's going to cause damage to the vegetation. This line has a hard domina devorim and the mustard seed growth, mustard plant from the bees. The problem with the relationship of mustard to bees is that if the bees eat from the mustard, it does something to their taste buds, to their palate, and they desire the honey, and they end up eating their own honey, thus damaging the person who's trying to raise bees together. They get honey, and therefore putting mustard near the bees is damaging to the owner of the honey. Says the gamara, taima di ikayarek, it sounds like the only reason you have to distance is because there is already vegetation. Halakayara samir, but if they wouldn't be vegetation, you'd be allowed to put this laundry wash pit near the border of the yard. Lo, the gamara says no, that's not true. Kilaakayarek namilo samir, you're not allowed to do it nearby, even if the vegetation has not yet been planted. Vahokam ashmalon, but what this price is, is telling us, what this mission is telling us is the honey kashu ahadadi, that you should be aware that these things have bad interaction, but it's not that the item is already there. Ihokay, if that's the way you want to understand it, then again, we were trying to prove either to Abayur or to Rava to prove whether the item is there so far, or the item is not there yet. Eimosafa, let's look at the end of the mission. Rabiosi mati bachardo, Rabiosi allows, in the case of mustard, repnishiyachaloma lo, because the person has an argument, acha acha acha acha achaik haar de lech min divo re. The same way you're arguing, I should get my mustard away from your bees. Haar haik divo rech min haar de loy, get your bees away from my mustard. Shabbos vahokulos ligluge haar de loy, because they're eating a part of the plant, that's damaging me. And what emerges here is that this is a damage that's a two-way street. The owner of the mustard is causing problems to the beehive owner, and the beehive owner is causing problems to the owner of the mustard seed. Turning on to the second side, vidalo samir, but our point over here was that from Rabiosi, you could see that the bees and the mustard already exist, because if they weren't there, what's his responding comment, you want me to get out of here, you get out of here, obviously they're both in place. Hech imishka hai slaw, how did that happen? Aumirah papa, beeloke hai acha, rah papa says they purchased the field, and the original owner put them close to each other, but now as things develop, they both own fields, and they're noticing that there's a damage occurring because of the way the other person is using his field. And over here, we enter into a question, hamazik la harchik esaatsmo, is it incumbent on the person who's doing the damage to rectify it, or al ha nizik, is it incumbent on the person who's getting damaged to distance, and this particular case is all the more sophisticated, because we have one person damaging the other in a reciprocal way. And simen kufnun hei se iflamad alaf, this halacha is discussed, and one of the considerations that we have to have in mind, there are more mentions, cases kayotse boze, cases that ain hai hai hai hai zek bishas maysa, if the damage is not at the time when you did it, and the owner of the property did whatever he did, ale bo hai hai kakh, but it came later, then often al ha nizik la harchik esaatsmo, it's going to be upon the one who's getting damaged to distance himself, because the other person is using the field as is normal. The only question is how much do you distance in, and who that distancing is going to be, who that responsibility is going to be on. I want to mention a very intriguing case, just to appreciate that even if we don't have mustard seeds, and bees, and all these types of cases, they do exist, and it is halacha, but these concepts have tremendous relevance even for urban dwelling. As a case mentioned in the piz kayotse, nizakin yudgimmel at the end of footnote he, a case where a person divorced his wife, and a neighbor of his wants to marry that woman, and the neighbor is such that it's the same hot, it's the same yard, and there's a concept that a person is not supposed to live in the same yard as his ex, as his former wife. So the question here is, in order to observe that, who would have to do the relocation? The person who was the first husband says, you're bringing her into this yard and forcing me to leave, that's considered a damage, because even though what you're doing is besoch shal ha inside your own home, but what you're doing inside your home will instantaneously cause ramifications to me. And the piz kayotsean, after a bit of discussion, concludes with Sarachian. It needs additional introspection and investigation to see if indeed these concepts can be applied in such a way. Yashikouach, thank you for joining.