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Gemara Markings Daf Yomi

Bava Basra 2, 3a

Duration:
49m
Broadcast on:
27 Jun 2024
Audio Format:
mp3

I don't know if ancient, it's really not in Europe, and it wasn't anything in Europe 2,000 years ago, but this individual rights ability to have certain personal rights over another individual. I'm not talking about the king's rights, but he's their individual rights. So, you and I might like each other, and I might like each other, but we have to live together, and people have to live together, and it's very important that each one knows what the boundaries and their rights are, and if everyone had their own palace and their grounds, so you don't have to see anyone else. When you have to deal with other people, that interpersonal relationship often causes tension. Now, certainly, when you're already partners, not just neighbors, but Schutzen, the assumptions that Schutzen don't really mind most things that they kind of do together, that's where they're Schutzen, but let's say they for whatever reason, not that they necessarily want to split the entire partnership, but they want to make some sort of michitsa, a Schutzen, Schutzen, Schutzen, Schutzen, I'm going to have three diamonds on this mission. The first is on the word Schutzen, which is right here. It'd be different assets that these partners equally agree that they want to split. Approximately eight lines below that in the middle of the mission, so it's the same bigina, and I put a diamond around the word bigina, and then literally right below that one line later, below bigina is babicca, and I put a diamond around bigca, so there's going to be three types of assets that we're going to see split here. The first is a courtyard. They used to have, they used to build often - we saw him in another places, a joint courtyard that would then have various properties, either houses or businesses that would open up into it, so you could have a couple of people who in the courtyard say if you want to do some sort of division or split, or a guino, we own a joint garden. Garden there was more likely growing something productive as opposed to flowers. Right, and the third was abicca, which is really sort of like far out because you should not in town, because it was like a large open area. Okay, so it says the mission. I should venture us to the last place, Muhitsa. They want to make a Muhitsa in a hot sir. Bone and S hot co-cell, so apparently we would build up the wall. Now a wall in those days might have a certain thickness, and we're going to be dealing a lot with what's the standard thickness of the wall, but you would basically do it by Amazon. The picture of that is, you take as much property as you and I are the neighbors who want to make a Muhitsa. You take as much property from you as we do from me, and then we build the wall in the middle. How much property do we have to take from you and me to build this wall? Well, there's different places. Some places build walls that are six, five, four, and three. That seems to be the standard, six, five, four, three. So makam shinag, live noise, gville, or gauzus, or creason, or levenem. Guville is a stone or brick or building block that is six trachamite, gauzus is five, creason is four, levenem is three, and therefore bonin ha kalka menen medina, big ville, underlined big ville. We're going to have each one of these materials. If Guille, we said, was six tracham. So you have to give, basically, three trachamite of your side, and I'll give three trachamite of my side, and perfect. Then we'll have a six trachamite area. Guille, zen eus en gimotvacham, zen eus en gimotvacham, gauzus, which I underlined, which you said is five. So zen, you would give zen eus en trachamite to an half tefach, zen eus en trachamite to an half tefach, creason, which is a four tefach deep building block. So you would give zen eus en trachamite to an half tefach. And finally, and this one I probably the most familiar, is levainim. Standard levainim size is dorit facham, and therefore zen eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en eus en trachamite. Okay. Now, this is a little bit important because walls, some walls are meant to last forever. Those walls are not. What happens if the wall falls? Well, what's your property? What's my property? What's your wall material? What's my la fieke? Enough a la quaissel? If the wall fell, it's not something in the future. The working assumption is always going to be "ha maka'im vavanim shoshne'am." Unless we know otherwise, the space taken up by the wall, this could be decades later, as well as the wall material. We assume it's 50% yours, 50% mine. Because, since at the beginning, when you build it, we would both split it. The cost of the wall, we both split an equal amount of property that we gave. Once we set that, when it came to a hut, sir, vachain begina. This is where we're the second time in. If we have a gina, a place where we grow vegetation, grow vegetables, grain, maka'im shanahaguligdor. The same way we said it depends on what the minag in that place is. If the place is that you would have a get there, then makhai vinai sai. I can foresee it. There's no wall there. But, you know, everyone else has a wall. People have walled. That's wonderful. It's fie that we don't have a wall. But I want a wall now. makhai vinai sai to build the wall. Avabibikka, which is way far out. Let's say a wheat field, or a grain field. I don't know how you have two people owning it. But, let's say you do. And partner wants to split maka'im shanahaguligdor. If it's in a place, and I call this, above the word makhai, I wrote in Raysha, because a few daf are now. The gomorra, we're going to refer back to this as the Raysha. And actually, three lines later, when the gomorra says right at the end line, the imasu, that's going to be the safea. You know, comparing contrast these two. But, just this one, we'll call one the ratio, we'll call one the safea. So, in Abhika, the Raysha says maka'im shanahagul You know, one party cannot be makhai vinai vinai, the other. Elie M. Kane-Ratsa. Listen, I'm a bit of a private person, like nothing against youths fear of that matter. I don't know else, but I want to have my... So, I'm allowed to. In ratsa kuinsasai shulai, I could go totally into my property, borders your property, but totally into mine. Abhina, build some sort of wall. Vawi sai haziz mibachlut. And I make a sibin, or a sign, or some indication on the outside. And therefore, I don't know, if your grandchildren, my grandchildren, decades later, something happens to the wall, they'll know that the haziz was on the outside. Le fika rim naf ala kaisal. Hama kawanim shulai. I paid, like, I don't know, $50,000 for this wall. And I gave it of my place. Who's going to remember that? 70-80 years from now. Since there's been a haziz on the other side, so that would be clear. Now, this is what we call the saifah. Im asumi das neem. If this we'll call it "partition" was made. Both of them agreed, bhina sai kaisabemsa, just like we saw in the hazizar. So then the space, the land that it's built on, is partially yours, partially mine. Vaisen haziz, mikhanu mikhan. You got a haziz on your side. I got a haziz on my side, and therefore, le fika rim naf ala kaisal, if many years later the wall falls. Well, we know that there's always been a haziz on your side. Haaz on my side. Hama kang, the space that the wall took up, as well as the avan and the building materials. Shul shin would be both peoples. Would you say to know if anybody's really studied this in the archaeological excavations? If it matches up a little bit we're learning here. So I don't know if there's anything left of a hotzer of this detail. No, the walls are there. The walls are there. But this is a wall in between two properties in an open area, whether it's a guino, whether it's a hotzer, whether it's a bika. They do have walls of homes that are still there. That's a great question. I wonder if they found, I would just assume over the years the elements. These are all exposed. There's nothing in the internal here. So over, I guess, and there's still the mission of time. So 2,000 years ago, 1,900 years ago, I don't know. I don't remember ever seeing any outdoor thing except for massive Roman dipillers. Because 6/12 them is pretty significant. Yeah. It's like a foot and a half wall. But, yeah, that is definitely a pretty significant wall. Okay. This is a beautifully structured gumara. You don't mind if we go a little bit into gimalamadalif today. Okay, so I put a Roman numeral one in the margin here, right? First we're going to go into it with a certain understanding. And the Roman numeral 2 is on gimalamadalif. And on gimalamadalif, we have sort of like a slightly alternate version on the first line, Nishlokrena, spuglandalain lejnakrena on that first line and put a big Roman numeral 2 in the margin. And it seems we're getting already for a little bit of the gear say issues. This is a bunch of different gear soles here. But here's actually a third list, not mean of it, but we're probably not going to do that one because they decide to put it in parentheses. So here's the first sub-rua. When we talk about the term makhitsa, there's two understandings you could have. A makhitsa could be a wall between you and me. A makhitsa could be a division. There's much more physical reality to a wall, a little bit wall in between. There's also a reality, certainly a legal reality to a division. All you need is a line in the sand, or a little on the seepus or whatever you have. So the assumption, the Nashl number one, is that when the Misha said I should finchuratsu lassai's makhitsa, what does that word specifically mean? Savrua. It's guglandalain lejnakrena. My makhitsa, question mark, guda, it means an actual wall. And here's a little bit of a background of where do we ever see makhitsa. We're so used to talking about the makhitsa now, but makhitsa, at least in michnek literature, or tannoyim, indicating an actual physical wall kit de sanja. And the, essentially, the main reason we're making this crisis is we're going to see the term makhitsa. It's clearly going to be a physical structure. It won't make you flip ahead, but the Lishinakrena is going to be the opposite, that we're going to assume that makhitsa means put to just the division, not any physical builds above the ground type of thing. So let's go with this one. Then makhitsa means a wall kit de sanja, that, here, we have a brice. The brice goes from here till the end of the, well, first word on the second line, if I'm at Bayes, we're going to see the term makhitsa, and it's clearly going to indicate a wall. This is going to be in the realm of kilayim. If I have a vineyard and you have a wheat field, fantastic. If you have, you know, yours is 50 feet away from mine, totally fine, 40, 32. Let's say your property, my property, I want to make my vineyard sort of right at the end of my property, you want to make the wheat field, is there a kilayim issue? So makhitsa sakara, I have a vineyard. That vineyard has a makhitsa, and here it's clearly going to have to be a wall, because it has to be a physical distinction between the two of them. Shenefritza. Let's say there was a hole that developed, a breach in that wall. Now, you say very nicely, you call me up, you say, listen, Horowitz, can you put that getter back up? Because I got my wheat field that's growing right next to your vineyard, and this is going to be a problem of kilayim. You said to me, gidor, put the wall up, and okay, fine, I fixed the wall. Khazwa binifritza, I don't know if I did such a good job, or maybe the weather was bad, but the breach developed again, either in the same place or in a different place. Oymerloy, and the fellow who's got the wheat field says to the fellow as the vineyard. Listen, Mr. Vineyard guy, gidor, put up the proper wall. Nis yai shaymanu. A certain point, it seems like the fellow at the vineyard is just not doing it. He just ain't putting up the new wall. Velogadra, not putting up a new, that's clearly a say, a wall-type partition. Harai's kiede, shalashim kiede comes up a lot in kilayim. It's not talking about that you can eat the herring. It sanctifies it to make it usir. It makes it a new level, a different status, which is basically going to be usir. So my, no, you can do whatever you want with your grapes. The person who's got the vineyard, his grapes are going to be usir, but what about the other guy who keeps insisting? He doesn't want to have his wheat usir. Well, you know what? His wheat is going to become usir. Harai's a kiede-ish, makes the wheat usir because of kilayim. There's a certain shear amount of time that has to have grown, where they were near each other. The sai of bachryus and Mr. Vineyard guy is going to be liable or responsible for compensating. Whatever the loss is to the field guy. Okay, that's the bottom line, but clearly the term that was used in that price was mihitsa, and we're not talking about a line in the sand there, or some sort of little pegs in the ground. Okay, Vitaima says the one. The reason is, de rotsu. So this is back to our mission. Our mission started. Two partners, shirotsu, Laso's mihitsa. They want to, which sounds like there's a joint agreement between the two of them. Halai rotsu, apparently if they don't want, ain michai vinaisei. Let's say one partner says, all right, listen, it's time for us to build up a michitsa. I don't want to. You wouldn't be michai of them. Now, really? Let's say that partner wants a little bit of privacy. Privacy from your prying eyeballs. He doesn't want to have seen. There's something called Hezek Rea, which I don't know, it seems like western society can certainly relate to this. When I grew up, Hezek was, you're like, hit me with a baseball bat. So there's Hezek. You're looking at me funny. Okay, you can do what you want. Like, I don't like you looking at me funny, but the Hezek Rea, there is a reality to it. That's going to really be the crux of this subject. Is Hezek Rea something that I could force the other person to do something because of or not? The fact that you would be looking at me or I want my privacy to do whatever reason, I want, I want to be able to do it in private. So it sounds like from here, we both have to agree from our michina to put this up. Let's say one wants to, the other one doesn't want to. Alma, I underline these five words, Hezek Rea Loishmei Hezek. It's not a real Hezek because I can certainly prevent you from swinging the baseball bat at my leg because that's real Hezek. And here I can't prevent you from saying I'm not going to have a wall. Okay, I put brackets from the word vema till four lines later. First word on the line is lay. And we're going to play sort of Deadmills advocate in these four lines. We just concluded that a machizo was a gouda, an actual wall. So the michina used the term "machizo" meant a wall. Maybe machizo just means a division. Like we were sharing this whole property together, but now you take your part and I'll take my part. Maybe vema and saying the michina used the term might, what is machizo mean? Maybe it means they plucked us and simply I'm going to divide, I'll take my part, you take your part. And we even have a precedent for that cadet sieve that the term mem chesse and a hay or a self at the end would indicate a division. Like it says in chlamish pati, mexas haida. You know, wall in between the congregations. It's part of the division, a split. They came into ratsu and then we would say, since the two of them wanted to have a division, bonin esa kosa, because that's the next line in the michina. The michina said, chuchun charatsu, las es machiza, bonin esa kosa. When do you actually build a physical wall? That's when the two of them wanted, they didn't even want a wall, they just wanted separateness. What do you see from there? Balkarca, you build a wall alma and I underline these four words, hesek ria, schmai hesek. One second, I just want a division. Next thing you know, we got the Acme wall building company coming in, yes, because the division means to divide between two of us, what? I don't want you looking at me. I'm not interested in using everything that I'm doing out in my private area. Hesek ria, therefore, is a valid legal type of damage that I could cause you to have to pay money to take away. The more rejects this in the brackets and says, ihalki, for one second. So you're saying that the way I'm supposed to understand the first line of our michina is the underlying principle. Hesek ria, schmai hesek, high, instead of it saying, these three words in right angles, very precise reading of the michina. Sherotsu la asais mihitsa, it should have used a different term. The micha should have said, has should have been sherotsu la hatsuis mi biale. La hatsuis is a much clearer indication that we just wanted to split. You go your way, I go my way, even though we have the same cluster, but you stay in your side, I'll stay in my side. Rotsu la asais mihitsa much more indicates that there was some sort of wall indication we built, and therefore, since it didn't say sherotsu la hatsuis, not necessarily, could include hesek ria, schmai hesek. So I think we're still going to be going with that hesek ria, is loshmai hesek. Okay, and it has realized we're LMI, so then where are we now? By the way, that's the end of the racket. Can you quantify that as a loss? To say, absolutely, if you're going to look in a dira, it's your wife, and you know you open up your salon window, and there's you know the neighbor's eyeballs looking through, even though they might be a little way. I don't know who these neighbors are. How much of the two can you quantify that in terms of how much is there a loss? You have a hesek, one of the damages. One thing I can say for sure is I might require a wall to be built. If hesek ria is schmai hesek, then you don't have to quantify it, just whatever the wall costs, that's what's required. I mean we even have that now, I don't know, I know for sure, that you know, good walls make good neighbors, big wall to big, good neighbors. Some of them you have an apartment to rent in the place of here. Right. One of them apartment, originally the lounge in the bedroom, and no one is living there, or in the building next to it, but you can see right through the windows, so it's enough on the other side. That's a lot. It could be very, yeah, very uncomfortable. So the real issue is, can I cause you to have to do something that's going to take, that's not your time, but your money to get away from that. Everyone agrees that there is hesek ria. It has to be something that is going to be able to cause someone else to have to spend money on it. So LMI, so what are we going to say then? It's a gouda that it actually is, like what do we say, shiratsu, shiratsu, shiratsu, shiratsu is an actual physical wall. Well then, why would you say, shiratsu can build a wall? Why would you use the same word, use the pronoun instead of saying three words and right angles. Buynin es happosa, which is actually where it's at the mission to use. It should have been taught a little bit more personally, which is always the underlying issue with the missionias. Every mission should be taught as concisely as possible. It should have said buynin oisoy me bai ele. Hasshukfren shiratsu lassa es mokitsa, if mikitsa means wall, buynin oisoy. Why would you say buynin es happosa? Why do you need that super cluelessness so that maybe indicates that it doesn't mean that, so the question is no. You couldn't have used the pronoun. We will always use the pronoun unless it's not clear. And here if we were to use the pronoun it might not have been clear. Ita na if the mission would have used the term oisoy, hav amina. I might have thought to say buynin sifas balma. So shukfren shiratsu lassa es mikitsa, if you want to say buynin oisoy, you know what, we put a couple of packs, bang them into the ground in between me and you. There we go. We have a division, a regular like a border marker in the ground. That's what I would have thought, kamashmalon, that no. It means an actual physical separation between the two of us, kamashmalon, a cosau. Okay, the mission said buynin es hacosau be emsa. So you have a property, I have a property, the next to each other, we share a hot story, we want to split. The mission has to come and tell them if we both agree, so you give half the land, now you have to land. Shita, that's what we agreed to. Why would you think otherwise? Well, here's why. Hello, kamashmalon, kamashmalon. Let's say one of them, he got the other fellow to agree. He appeased him, bah, come on, this is a great idea. Okay, Horowitz, I'll do it. Bao de tama, that when, bah, now we're actually going to build it and two of us are discussing it. Matsu yamra lei, ki isratsawi lach. Listen, Horowitz, when I agree that we would put up this division between the two of us, that was bahavira. That was to divide the, what is it called, the air, the vision, the two areas, but I don't want you taking any of my property. Right, this wall could take a good tefak, tefak and a half to three, 12th of my property, on the whole board of my property, tashmeshita, lo yisratsawi lach. I didn't agree to you that you would be able to use the actual property, kamashmalon. No, no, no. What it means, unless a stated otherwise, when a person agrees, that means he's agreeing to give up his property to build the wall. Now we had said on the third line, and at this point in the good morning, this is what we're going with, that hezek rea is not a quantifiable or qualifiable sort of hezek to have to cause someone to pay money. I squiggle underlying these five words, the hezek rea, lavshme hezek. Really? It's not a real hezek, and we're not going to have, it's a beautifully structured gomorrah. Six quotes from our Mishnah, it's going to be a few from our Mishnah, there's going to be some Mishnah, et cetera, and then the final Amaira. All of them seem to indicate that, seems like as with me, it has reality to it. You wanted to conclude that it doesn't. Well, tashma, I put a triangle on this tashma. Three lines later near the end of the line. There's another tashma, I put a triangle on that, a number two in the margin. So, three lines later, second word on the line is tashma, triangle on that, number three in the margin. Two lines below that in the middle of the line is a fourth tashma, that gets strangled. Three lines later, and last term on the line is a tashma, that gets triangle, that's number five, and five lines later, first one line is shiny, then comes the tashma, that's the sixth. So, six times the gomorrah is going to attempt to being approved that it seems like hezek ria is hezek. So, here we go, tashma. So, the first tashma that we're going to hear is from our Mishnah. What did our Mishnah say? My Mishnah started out, should finchirots, they want to make a mahitsa in their hotzer. But then, remember that next diamond we had was by a gina. What do we say? We then said like on the eighth line of the Mishnah, two words on right angles, cold form of Mishnah, the fain, bigina. So, in the place where the practice is, the minag is that they have a gedu to make a gedu. No, I don't know what gina is, but certainly there have been a gersha wants to indicate to us. Let's talk about a gina near our houses. It's not the gina that you have out in the middle of nowhere. To say there's a hezek ria issue, there is a little bit pushing it. So, this is the gina. It's my private carrot. I grow carrots and radishes in my garden, which happens to have your property like look right on onto it. So, the hain bigina. So, the hain bigina would seem to indicate that hezek ria is schmai hezek, because you have to put a walla. Well, no, a gina is shiny. That's different. I can't stand near your field looking into your field. When it's fully grown. Why not? Because there's a reality to something called ayanharah. And maybe we live with that more of a reality here or a Hashem in 2024 and there's a struggle. But I don't know if they always did, but there's a reality to, and this is something that certainly the western world doesn't relate to. There's a spiritual reality to the freewill actions that we do, to the speech that we make and even to the thoughts that we think. And the way I understand ayanharah on a very straightforward level is that my thoughts can affect someone else. That if you're much long created me as a Babakhirah, I can decide what I want to think about. Someone's a little bit harder than decide what I want to look at. And if I, with my thoughts, I'm looking at somebody else's thing with not the most positive sort of attitude that can actually have a real effect in Shama'i. And therefore, the v'rein bagina, you know why the v'rein bagina? It's different because when you have a fully grown, successful gina of Ploni, Plon doesn't want eyeballs looking at it necessarily. That's not going to be productive. So that's different. That's not a Hezekre-e issue. That's an ayanharah issue. Vahavirhein Khitani, but one second. Didn't we introduce on the eighth line of the mission of the gina thing? We said, "And also," which sounds like whatever we said by the first, by splitting a hotster, we would say by splitting a gina. So we know the v'rein is going on something else. The v'rein is going, we had a whole list in the hotster split. Is it a gville? What type of wall is it? You know, the same thing at Villa Guzzis. Same thing in the gina that whatever the local practice is to use the thickness of whatever the thickness of the wall is, that's what we have to go with. That's the v'rein. So the similarity is that you go with whatever the thickness of the wall is, but not because of the same reason. It's a Hezekre-e issue when it comes to a hotster. It's an ayanharah issue when it comes to the gina. So Tashma, we try again. Another quote. This is from a mission that we're going to have later on in about three, four days from now. Tashma. I boxed it off. It goes for a word plus a line. Co-sell-hotster-shinafa. So you and I have a joint hotster. There was a wall there. The wall fell. Mefai-vinus. I live nice. Ad arba-amus. So you, one party can force the other party to build this wall. We don't say anything about rotsu. If they want, the other party doesn't want. Wants doesn't make a difference. He has to go ahead and build it. The why? Sounds like Hezekre-e. It must be a hezek. So the more it says, no, this is a big difference. There's been a wall there as long as either of us can remember. Enough, I was shining. It makes a big difference. If the status quo was that there was a wall, or if I was shining there's a wall between us and our ARAB cousins, much better that way, is there always going to be a wall there? Hopefully not. One of the things we should all do is tear down that wall and they'll behave. But enough all is shining. Uda-kari-lamai-kari-la is so unbelievably simple as this to explain. What was even the hava-min of the one who asked us a question? Well, the truth is, it's the later part of the one. Let's say it was three amos, or three and a half amos, or four amos. One party can meet the other one, build it up that tall. Taller? No, but definitely, ARAB amos. What about, we only need a 10 tefak division between you and me, even up to ARAB amos, that's the finish. So if you had a close to that fell and it was four and a half, five, five and a half feet, I can be Muhai of you to contribute to build the wall back up to five, five and a half feet. Tashma. This is our third tenek source. It goes for just under a line. This is a Mishnah from a little bit later, about six days from now. Kaifenai-seil-Livnai is based, shar-vedelit-la-hot-ser. So let's say you have a hot-ser, and I really don't appreciate all those people walking by on the street looking in, so we can force each other, the various people who live in the hot-ser, to build a, not only a wall, but also a base shar, a little sort of like room by the entrance as well as a door, based in front of privacy, and it's going to be more expensive, and it's going to be maybe a greater upkeep, but that can be allowed. Now, why in the world can I force some other neighbor to pay for that? Shmami-na, must be Hezekri-ish, mayesic? So the Gomorrah says, well, there's two types of Hezekri-yas. As much as you might like your neighbor, not like your neighbor, that's a few sets of eyeballs. The rishu-sarabim is hundreds of sets of eyeballs looking, and therefore, Hezekri-dirabim is shiny. Don't bring up any sort of example to question this from if all the rishu-sarabim people can see in. That's different. Everyone would agree that that would be something that is a reality that I can force you to have to pay money to take away. Uji-yafin-lo. So then one second, we're not going to say that the Hezekri-yafid looking is something that is a valid hezek, tashmah, another snake source. This one goes for a line and a half. It says like this. Ing hulkin es hachat-sar. You and I have a joint hachat-sar. Just you and I. You're a yafid. I cannot force a split on Shidihabun, unless you're going to have enough space after the split. Not going to have enough space. What's considered a large enough space? Anshidihabun, Dalid Amis, Lazeb, Dalid Amis, Lazeb. Exactly how we measure that. We'll get into a little bit later in this episode. But you have to have at least four Amis of your property and my property if we're going to split. Okay, let's say you have plenty of space. You have four or five or six Amis that's going to be yours. I have that amount of space. Ha! The deal could be Yeshba, Cadele, Lazeb, Cadele, Lazeb. Fokken. Apparently there would be a split. Well, how do you split one hachat-sar? Make it into two. My love, the co-cell. And if I'm going to have to then force you to build a co-cell, it sounds like hezekreia is a schmehezek. So we say no. What we're talking about is missipas ba'alma. Missipas again, as we understand, is a few small pegs banged into the ground to delineate the border between you and me and the hachat-sar. So Tashma, we try it again. A fifth attempt. This is also, this is from much later on. Here's already in the second parrot. This one line in three word quote from the Mishnah in about three weeks from now. The last thing that you want if you have a window is somebody else building a wall near that window. You don't want a new structure being put in where a peeping tom or peeping gym or a peeping climb. If that matter anyone can stand and look for your window, if it wasn't there before. And therefore, if you're going to have a wall built and you have a window there in a preexisting window, that wall cannot be like, let's say the bottom of the wall comes within two amas or one ama, because someone can stand on that wall and look in. Or it's like an ama or two above where someone can sort of like hang over and look in. Or you certainly don't want, if here's your window, someone to build a wall right there. Or even right there, you might not want to wall it all. But there's a certain distance that you have to have between where that wall is going to build and your window. So we say it in this today's source, ha-ha-loinos. If there's an opening in somebody's house, a window, bendi-lamala, bendi-lamato, bendi-connecta, and now there's going to be a wall build. You have to have the wall, the finished product of the wall has to be. If it's going to be higher than the window, it has to be four amas or more higher. And if it's going to be lower, it has to be at least four amas lower, and if it's going to be across from it, it has to be at least four amas distanced from it. That's the tunic source, connector of its ha-ha-la, and we have another, and this is a little you know, continuation of the mission or a brice. Why? And I already explained this, two lines, milamala, kade-shul-yatsu-svi-yere. If it's two amas above, one ama above, someone can sort of peep in. Milamata, if it's less than four amas below, kade-shul-yamwa-yere, so the person will be able to stand on the wall and look in, and be connected, that's obvious. That's just going to make it dark. So it has to be at least a significant distance away, so it's kade-shul-yatsu. And once again, that's pretty clear. Why? Why can you enforce this to be done? If not because of ha-ze-kri-ish-me-he-ze. And there's a massive difference. This is what your example was when you were in the salon, you were looking at your son. There's a big difference when someone sees what you're doing in your backyard, or someone sees what you're doing like in your own living room, or all the more it's like in your own bedroom. And that's the answer. Here, ha-ze-kri-ish-shiney. We're not talking about other people looking into your house. That's different. That for sure, you can force a separation between the two. We're talking about the outdoor area, and you're still entitled to privacy, and you're a Geena or in your hotzer, but it's a different issue. So Tashma, a sixth-tonaic source. Actually, this was not Tashma. This is a rough knockman, and that's going to be the end of the subject. Tashma, a number of knockman, I'm a schmoo-o. God got some local hotzer-kha-ve-re. I always had a bit of a challenging time growing up learning his machinites as a kid in Los Angeles. We never built like that. When do you ever have... First of all, all roofs were kind of like slanted, they had flat roofs. So where do you ever have somebody's roof, which is next to somebody's hotzer? But when you have hilly areas, everyone has that. This balcony is next to that. It's different elevations that you would have in a city or in a living area. Imagine you have a God. So somebody's roof has some local hotzer-kha-ve-re, which is next to, on a similar level, to the courtyard of somebody else. So you know, every roof has to have a machin, but you would make a machin there, gavoa. How much? Arba-amos? How much do you usually need to make your machin around your garden? Ten-twelfth-em. Ten-twelfth-em is about two and a half feet. Arba-amos is about six feet, so you're requiring a wall that's almost like twice the size. Why? Must be because of Hesekriya. It's not the mach-e-shumak who would only tell you ten-twelfth-em. Once again the noise is not necessarily shiny hotzer, it's different over there. Da-amo-le-le-chutzer-le-bao-gog. And the basic working assumption here is how often are you and the wife and the kids out in the hotzer? I don't know, three, four, five times a day. How often are you out in the roof? Well, it's like, I don't know, the duchamish is broken, or maybe sokas if you have a flat roof, but it's a lot less frequently used. And therefore, the person who is in the hotzer can say to the person who's roof now, "Where'd that roof come from? When did they build that, honey? I don't know." So that person who's got the hotzer can say to the person who's got the roof, "Liddi-dee, me, I have the hotzer, kevili-tashmishti. My uses for this are all the time I'm out here. Liddi-dee-dah, according to you though, you just built this new structure and you have that sense of error. You got close to me, lo kevili-tashmishti. Your use of your roof is not as frequent. As mine, volo-yad-dana-behe-in-as-lika-ve-as-is. I have no idea when you're there. I don't mind going on to my hotzer when you're not there. But when you are there, I don't know, so I'm in the hotzer all the time. You're rarely on the roof. That's why you could have a situation where the roof guy would have to build a four-ama division between him and the hotzer. It's stanamine that I would be able to hide myself or keep myself sannua from you. That whole discussion went with, I think, a rome no more one, which is on Bayes, Amudalif, that Amrheetza is a good and actual wall. Let's flip it around. Lishnachriena, Amrila, you have a few more minutes? Lishnachriena, Amrila, so I speak one another in Lishnachriena. This is our rome no more world-suversion. Savrua, in this understanding, we're going to go with what is the mission when it says Muhitza. Plutza, simply a division between you and me. Dersiv, or kid Dersiv, like the Pasek says. That's a mess. That's part people, and you have a division of the people, and clearly the word "has," "sadi," "hey," or whatever that root is, would be a division. Vakevan de Ratsu. That's why I said Hasutvin she Ratsu. They wanted Vanessa Kosel, Bal Korokan. They said, "Go ahead, and you have to build the wall, because they both wanted." Well, one second. Why is that, Alma? Then the line needs four words. Hesekriya Smehesek. Must be, there's a tangible reality to Hesekriya. I started a brackets over here. The reason I started the brackets is because this is going to question, well, maybe, when the mission said Hasutvin, Sherrods, Ulas, and Muhitza, maybe Muhitza means "an actual wall." The aim of my Muhitza is to question Markama. Gouda, maybe it means "an actual physical wall." Kid Disanya, this is very familiar, because this is the homaholic that we went with in the first lesson. Like, and Pasek says, "Muhitza sakamshan efforts are viva vineyard, and you have a grain field, and there's a breach in the wall. Uemmerloyan, I say to you. Gidor, hey, Mr. Vineyard guy, please fix that breach. Khazra, the Nifrassan, then there's another breach. I'm really Gidor, Nissi. Aisha Manu, the vineyard guy, decides I ain't doing this anymore. Hologadra, Hareza Kidej, it would make, if there was a certain amount of time, where the girl took place of the wheat, it would be a Kiliyan issue. The Thaybakriyusa, and Mr. Vineyard guy, who refused to build up his wall, would be liable for whatever damages it were. The time of the ratsu, the reason is, says the kamarkas, they both wanted. Haloy ratsu, if they didn't both agree, ain't muhitvinai sakit. You would not be muhitvam in our Mishnah, Alma, Hasekriya, no Shmehese. If only one person has to agree, fine, but where they both have to agree, if they don't, sounds like there's no real Hasekriya. Well, one second says the kamarka. Ihahi, here's a three word quote from the Mishnah, I put right angles in. Bonin es hacoso, if that's the way you want to go, then why did it say Tushutven, who wants to make a muhitvinai, if that means a wall, why would you say you go ahead and build a wall? We already know we're talking about a wall. My name, oh, you signed me by L.A. Okay, so that would seem to indicate that maybe it is like that. That's the end of the brackets, L.A. My. So then what are you going to come to say that it means a plupta, a division, they just want to separate the property, not necessarily have the partition between the two, Ihaki, how about this though? Instead of the Mishnah saying, Sheratsu, La Seizmokhese, put those three words in right angles, why would I have to say that partners that want to make a muhitvinai, now, is that the term that the Mishnah used? It is the term the Mishnah used, Sheratsu's muhitvinai, and we spent the whole sheer, what's a muhitvinai, is a muhitvina a division between the two of us, or is it an actual first of all partition between the two of us, is it just a couple pegs in the ground, or is it a wall in between the two of us? It would have been a lot clearer to say Sheratsu, La Chatsuizmibayalei. La Chatsuizm does not indicate building a wall, not a six, five, four, three, no, I'll just split, you take yours, I'll take mine, but we're not bringing the Akmi wall company into build, Rachulah Chatsuizmibayalei. And although that's true, the Gamara here though says, Kedamriyan, she's the reason why the term muhitvinai was used more because colloquially, that's what's understood, the two of us, the most common phrase, if we wanted to split would be Ta Naavid Plugta. Come, let us make a Plugta, in other words, the Mishnah could have been taught maybe a little bit more clearly, but it more went with the common vernacular that two people would be using when they wanted to split. Okay, ask the Gamara, then Vihazikriya, Shmehazik, that's what we said on the fourth line, at this stage we're going with that Hezekriya, there's a reality to it. My vernacular ratsu, what turns to make a difference that they both agree, I feel like ratsunami. Listen buddy, I don't know about you, but I'm not interested in your family's eyeballs looking into me. So if there's a reality to it, listen, you might not mind if I take a pipe and slam it into your leg and break your leg, but I certainly mind if you take a pipe and slam it into my leg and break my leg. If there's a reality to the Hezekriya, so why do we both have to agree? Well, I'm Revasir Revelkhan, and he explains, Mishnah Sainu, Keshya Inba Din Khalunga. If there's enough space for you to have your space and me to have my space after we split, that's fine. But you know what, the case is here? Khaatsu is not really that big. That's when we say Vihu de Ratsu, when do we split this Khaatsir? Just play sign big enough for the two of us, so even as long as the two of us want. So as long as it's big enough, that's one thing. But if it's not big enough, then the division will come only if the two of us agree. Okay, then Mike Kamaash Malan. So then the tradition of our mission is telling us what? De Kieleisba Din Khalunga. If the space that we want to split doesn't on its own have enough size to have to be split. Khi Ratsu plead you that when we both agree, we're going to split. That's what it's basically saying. So you and I are neighbors, we want to split. You want to split? I want to split, but there's not enough space there. That's the question of the mission. As long as we both agree, we can do it really tannina, but there's a mission later on the miscepter that clearly tells us that. And the mission goes for about two lines. I box it off. It starts here. Amosai, when is it that you don't split a khaatsir? If it's too small, Bismanshein Shneem writes it. That's when both parties don't agree. Kamaash Malan Shneem writes it, both parties agree. Sure, we'll split. Both of them say that. Afilo pakas mikan hulken. Even if it's smaller, go ahead and split it. So you're telling us the whole footage of our mission is that the khaatsir is smaller, where they're not going to really have enough space. And if they both agree, so then you go ahead and split it. I could have waited ten daf, and it says that I'm a forish. That when is it, that's when there's enough space. But if it's too small, if they both agree, then you split it. So the kumara says, ee me haasam hava amina, bow on second. You're telling me, don't teach our missiona. Only teach the missiona, which is, I think it's daf, yud alif. I'm going to see this mission. Ee me haasam, if I only had on yud alif, hava amina, I would have thought that when the missiona there on yud alif describes it, as afilo pakas mikan, even if it's smaller, division, did we say anything here about what we're dividing the cuts are with? We didn't mention anything about that. I would have thought that what does that mean to Miss Sifah's balma? I'll take like six pegs, I'll bang them into the ground to delineate your side. And my side, kamashmalam, that's the additional necessity of teaching our missiona, hacha, that it's an actual clay cell, it's an actual physical wall. As long as you agree and I agree, even though the cuts are not really big enough to be split, but if you and I agree, we'll put a nice wall up in between. Well then, why do we need the missiona yud alif? The listening ha, just teach our missiona dafbeis. The listening ha, and don't waste my time when we get to dafud alif. There's no finish in that. Well, no. Sifah is strictly, you know why we need the missiona on dafud alif? Not so much for the first line of it, but rather for the next line of it. Let's say we have a Sifah yajesko. You and I join donors with a Sifah yajesko. I say, you know what it's for you? I don't like the way you've been looking at me. Let's split this Sifah yajesko. I'm going to take out our scissors and we're going to cut it. No, you don't do that to a Kitzvahyha Kaidish. Now, if I have a klutzer that might be different, but when the Sifahyha Kaidish Afa upishish name writes him, loyah likeu. I don't know why they would want to do that. Maybe they're a bit of a sugar. Say, all right Horowitz, all right Sifahyha, that's it. And we're going to cut the Sifahyha tesko in half and you'll take your oven. Kitzvahyha kaidishu don't do that. Now, you might have thought, certainly one can force the other, but if they both agree, why not? We're not going to cut to any of the letters. You'll take the first 30 Prokim, I'll take the rest. No, Kitzvahyha Kaidish Afayha sifahyha sifahyha sifahyha kaidishu name writes him, loyah likeu. There's no split. Now, do you have in your edition a parentheses that start here? Yeah, Lishnacharina. Okay, now that goes all the way down for about 11, 12 lines. So there's a two dozen in the line. I don't know what they do within the art scroll, but we're going to skip that and it's a Lishnacharina. Rach doesn't have any payerish on it and we're actually going to skip the next line in half also till we get to the point where it says the first one in the line in Mydishan is I, Ibeshain Baddin Khaluka. In the middle of that line it says kiratsu. That's where the the Bach recommends. We pick up the gear. So I don't know where it would be on the the other side, but so you would skip this hole. It's about 10 lines and then skip the next line in a half and pick up the kiratsu. But he rots who might have, I don't know where the art scroll picks up with, but this is where the what is the art scroll in the parentheses? It should be about 10, 12 lines or anything like that's page already. And it would start with the Mayu Kim to the Masneeson. How do we establish the mission? Beshain Baddin Khaluka. Yeah, so a line in half after that says Mydin Khaluka Masneeson. Beshain Baddin Khaluka. Ibeshain Baddin Khaluka after the word Ibeshain Baddin Khaluka will pick up with the kiratsu. Words are cheap. Now they shouldn't be, but if I said okay fine, yeah, I was good with you. Was that a legal contract? Yeah, I signed to something. Beshain Ratsu, my have, La Hunderbei. Right, it shouldn't back out of what you say, but there's no legally binding requirement once you agree to something. Maybe you'll be holding Indian giver, but so what? Let one of the parties back out. And as it doesn't make sense, the whole thing we're talking about is just some sort of discussion between the two of them. Where did that become legally binding? Amravasi Amraviyya Kannan was actually more going on here. Wasn't just that I agreed. Beshakanumi yada. That's a nice hat there. It's feet. I'm going to lift up the hat and I'm going to be cutting it, Kenyan kalipin, which will lock in that agreement. Okay, so that's what was done. Still though, is that the way you transfer responsibility and ownership of land? Beshakanumi yada. My have, Kenyan garamamu. This, I lift up your hat for something that I just verbally said. That's not going to be legally significant. Well, it actually is a little bit more than listening. So we talked about splitting. I said, listen, Street, you take the west side of the hot sir. I'll take the east side of the hot sir, which that actually puts like physical realities to the split. It's not just some sort of general will split it. Beshakanumi yada. Bih ruhais. That's the case. So number one is a verbal agreement. Number two, there was an actual Kenyan kalipin to back it up. And it was clear which space we would get and I would get. Ravashian, with this we're going to conclude, gives the second approach. Ravashiamar. Well, you know what happened. You know what happened? You went to halal sebessak, shalawi vehirseh, vis-zeb, shalawi vehirseh. We didn't necessarily mention the east side or west side. But you went to the east side and you started digging and putting down some actual physical changes. And I went to my side and I started digging. I say physically change it. That's my work. So actually the case of the mission is not just where it's a verbal agreement or not just where it's a verbal agreement, where there was a kandu miyadai. It was a kandu miyadai and we had specifically stated who would get what or were actually physically starting to change our various properties. Okay. Adkhan.