Take Ten for Talmud
1633BabaMetzia117- Ground floor doesn't want to rebuild, can he be forced to
A very good morning on behalf of Teach 613. We welcome you to take 10-10 for Talmud. Baba Mitziah Kofyot Zayim, Baba Mitziah 117a, pagination is 233, starting from the Mishnah at the bottom of the page about five lines up. Habbai yis vu'ol al leo shalchanayim shanaflu. There's a house, a ground floor, and an upper storey. It belongs to two different people. Rashi gives an example that it used to be owned by one person and he died and his children inherited him and that's how they divided it. Shanaflu and now the entire house fell. So you'll recall in a previous session we discussed what happens to the result, the pile of rubble, and who's going to own the stones for example. At this point we're not dealing with the rubble, we're dealing with trying to rebuild. Amar baalua li'a la baalabayas and the upper storey person says to the ground floor person, live nos, go build so that I can build above you. Vahuena rotsa live nos and the ground floor person doesn't want to build. So the upper storey person has a problem, he can't build in mid-air, he needs something underneath him. What is he going to do? Are a baalua li'a baalua li'a baalabayas vidar basocha. The mission suggests let the bottom person build the ground floor and live in it. He built it, he stays there. Acha yit in lois yitziosov until the ground floor reimburses him for what he did and then I'll have the money to build the upper storey the way he really is entitled and wants to, that's his place. But until then he does have recourse. He'll build the ground floor and he'll live there, he'll have a place to live. That's the ruling of the tannakama, that's the way we passkin. Let's continue though in the Mishnah and appreciate the dissenting opinion. Rabbi Yudah Omerab Yudah says, "Abzed dor basocha havero tzallah alos los charre." The ruling of Rabbi Yudah is that by building the ground floor you've created property that belongs to the ground floor person. By living in that ground floor is mecha zikiribis. It looks like ribis. It looks like you're taking something without permission. Ela baalua li'a baalabayas vidar basocha li'a. Instead what he has to do is he has to build the ground floor and the upper story. Ummakara sueljona and he totally finishes the upper floor. Viyoshiv bebayas, the way we have the wording of our Mishnah, and he's going to live in the ground floor. Acha yitilos yitziosaf until this ground floor person pays up and then he'll move upstairs, which is really his place. Teisviz says, bottom Teisviz, viyoshiv, purish per conscious, rashi learns, as we just described in the Mishnah. Mishim dahashta lonene, he's not benefiting, shire al yasamu khanaslo, because the upper story is ready for him. So he just lives in the bottom story so that the other guy doesn't move in without paying, but he's allowed to live in the bottom floor. Vikasha asks Teisviz, I have a question. Don ne nahushe insarathalos, because he is benefiting by living in the ground floor because he doesn't have to climb up the stairs to the upper floor. And if Rabiuhuda is worried, exiciribis, it looks like he's getting a benefit over and above what he's entitled to, so living in the ground floor is still going to be a benefit even if the upper floor is available. Venera de garas, Teisviz says, that's not the way to understand this Mishnah or mikara so aliyoshiv, soka purish pa'aliyah. Once he finishes the upper floor, he indeed has to live in the upper floor, and that's the opinion of Rabiuhuda, and he just has to make sure that the other person doesn't move in until he pays up. We see this dissenting opinion of Rabiuhuda that we're all worried that he's getting a benefit that he's not entitled to, and it's going to appear like ribs, like interest, and it goes to the extent that Rashi and Teisviz have an argument of whether he's even allowed to live in the bottom floor even after he built the top floor, according to Rabiuhuda. As I mentioned, we pass in like the tannikama. The makhabir and kuf samr dalid seifhe. Ammar ba'aliyah la ba'aliyah la ba'aliyah's live-nose, kideisha yivna aliyah so algabov, if the upper floor person says to the ground floor, "Build so that I can build above you," vuayna rota, and the ground floor person, for whatever reason, doesn't want to build. Harib ba'aliyah ba'aliyah. vuayoshe vidar bessoho. So the upper person is allowed to build the ground floor and live there. Acheit de lo koyitsu yosov until he is reimbursed for what he did, and then he'll have the cash flow of acha kafjivna aliyah soem yurza, and then he can build the upper floor if he chooses to do so. Why indeed are we not worried about Rabiuhuda? That it looks like he's getting an interest benefit more than what he puts out. And the Maforsham explain... I should say the sma in your dalad. The ain makhash of Kiribis, it's not considered Ribis, kevan de hahikaka mishu bedes kang kin la aliyyah because the ground is the place where the upper person is supposed to be able to be building, and therefore he is entitled to that location. Ubala ba'aliyah is belav hahikila dar bekan, and either way the ground floor person is not living here. So that upper story is entitled to this location, and he's allowed to do this and build in this place. Now, we do see from the presentation here that the upper story person is for some reason not able to force the ground floor to build, and the question is why not? Why can't he force the bottom person to build so that he can build above him? Why is it that we just ask the ground floor, do you want to build? He doesn't want to build, he doesn't want to build, so the upper story has to go ahead and do his thing. Why can't you force him? So the beherha gola in Pei says simply from the Rishonim that the ground floor person is not in town. It's not necessarily that he answered, he doesn't want to build, he just doesn't want to build, he's not here, and it's not relevant, and he's not building. And it's just a logistical default type of thing. Another possibility is that he doesn't want to force somebody, going to a dintora with somebody, has ramifications, perhaps in his reputation, he doesn't want to force the other person, but he needs a place to live. So he's just going to proceed, we give him permission to build the ground floor if the ground floor person doesn't want to build it on his own. A third answer to this question from the sma in Yud Yimmel is that we don't force because there's a solution and being that the upper person can build this ground floor, as we described, we don't force the ground floor to build. Again, because there's a solution, this nisivas explores, could he force reimbursement from the ground floor? It seems that he can't. He's kind of waiting for it, but the shokonark is not describing that he takes him to Bezden to get reimbursement. He builds it, and he waits, and when the ground floor reimburses him, then he'll be able to build the upper floor. Why can't he demand reimbursement? The nisivas says, for example, like a yorage, lusoch havero shalobirishos, if a person would go into someone else's property and do something good that's appropriate of an enhancement, he can demand payment. Why can't this person say, "It's a piece of land. It's supposed to have a house. I built a house. Now you're able to rent it out. Why can't he demand payment? Why is he just kind of waiting for when the ground floor reimburses, and then he'll be able to build his upper floor?" And the nisivas answers because you only have the rule of yorage, the shokonark havero shalobirishos, enhancing someone else's property appropriately without permission. Can demand reimbursement, can demand payment, that's only if his intent was lahash biyach. But if his intent was not lahash biyach to make it better, his intent was that he needs a solution for himself. It's a very self-serving type of thing, then indeed the concept of demanding payment doesn't exist, and instead it's a little bit more like a standoff where he has a solution, he has a place to live, and when he's reimbursed, as the shokonark describes, then he'll have the money and he'll build the upper floor. Yesha kurach, thank you for joining.