Gemara Markings Daf Yomi
Bava Metzia 117b
Kufyud Zion, I'm gonna leave five lines to the bottom, continuing with yet another mission of that starts. Habbai is Faliya Shal-Schnaim, Shenaflu. In this case, you have a two-store unit, there's the downstairs and the upstairs, and it belongs to two people. And these are brothers who had split it, they inherited it from their father, one took the downstairs, one took the upstairs. The building fell. Now Marbal Ha-li-e-la-bai-yis, live nice, so the guy who lives one flight up, says to the guy who lives below him, can you please rebuild. But who interacts to live nice, but the downstairs, one doesn't want to rebuild. So now what's the upstairs, one's supposed to do? So Hare-bal Ha-li-a-bona-s-ha-bai-yis, so the one who's living upstairs, will build the ground floor unit, and leave it at that for now, Vidarb-e-sai-ha, and he'll live there. He'll teach you to embrace it to yourself until the person who's the owner of it is gonna pay for the expenses, and then he'll pay for it, and that fellow will use the money to build himself the upstairs unit. That's the time to come, Rabiha Huda, who he boxed, disagrees. And Rabiha Huda says that, you see, this might be a problem, because when the downstairs one, when the one who used to live upstairs builds the downstairs unit, the rightful owner of that unit, his brother owes him the money. However, he's now going to be living there, essentially rent free for whatever period of time it is, and still get back that money, which means it's kind of like a rib-ess issue. It looks like rib-ess, and as he's getting back, what he put in, plus living downstairs for a significant period of time. And therefore, Rabiha Huda, Aymer-af-zai, this, also, if we go out to the suggestion of Tannakama, DARPA Sashokhaveh, right, he's living in something that belongs to someone else. Sarkhaleh Siskar would have to pay rent for it. Ela, he's squealing on the Ela, Balha-liya, Bona-esa, Bayes-ves, Aliyah. You know what the upper fellow has to do? He builds the lower story, as well as the upper story, Ummakhar-es-Aliyah, and it basically builds both of them, the Yayashiv, the Bayes, Adjut-en-Lay-es, it's Yayashiv. And he lives in the downstairs one until his brother in this case, or whoever is the owner of the downstairs one, pays for whatever the expenses were to build it. Sesdakamara. Amrabioh-chanan, we circle this name. Bishloshamikhaim-ais, Shannal-an-Rabiha-hud-a, according to Rabiha-chan, there's three places. In Shazmishnai-es, where we see the Tan-Rabiha-hud-a saying the following, and I don't underline till the end of the line, Asalad-am-shannamim-am-am-an-haveh-rei, that it would be forbidden for a person to get benefit from somebody else's things. Now, if the person gives it to you, that's fine, but if it's not a matana, until that the rightful owner of it gives you permission, you can't just use it. Asalad-am, you can't use somebody else's stuff unless he explicitly tells you to, or expressly tells you to. So, Khad-a, I put a triangle around this Khad-a, three words later, I put a triangle in the Edakh, and five lines later, near the end of the line, it says, "Another Edakh, I triangle this, these are the three cases Khad-a, Khad-a, is our Mishnah, where the guy who lives upstairs unless he gets explicit instructions from the fellow who had the downstairs unity can't live there because he would be getting benefit from somebody else's things without that person's agreement. Edakh-mahi, what's the second one? This would be number two. It's not, there's a Mishnah, it goes for about five lines, starts here. If I have Ra-wool, meaning like wool shared from the sheep and cleaned, and I give it to the dyer, Hanayis and Semir, let's give my wool to the dyer, let's file it, I'm going to want him to dye it red. If it's over, shawthorn, he dyes it black, or shawthorn, I requested that it be dyed black. If it's over, other than he dyes it red, now he didn't do what he was supposed to do, what happens now? Mahogas-re-may-re-mihuda, Re-may-re-may-re-may-re, no-yis-se-en-loi-d-maid-sim-right. Essentially, the dyer will give the person who brought the wool in, I don't know, let's say a week ago, he'll have to reimburse him for the cost of the wool and say like, you know, sorry there was a mistake, but here's your reimbursement. Re-bihudu-wee-box, and the reason we only box-re-bihudu, we're focusing really on his opinion, Re-bihudus, that would actually be a problem because essentially then, this dyer, it didn't have to even go to the marketplace, didn't have to hang with anyone, got the wool for free. In other words, that's a benefit for him, that he's not properly compensating the person who gave him the raw wool for. And therefore, Re-bihudus says, even I double-underline this word, even a line later, I double-underline the word v-im, imashvak, yes, raha hai hai hai hai hai hai hai, basically the one who brought the wool in gets the wool back, but he gets a good deal. Now, he wants it in one color. He's getting another color, however, he's going to get the lesser of the two prices. If the shvak is yes or hai hai hai hai hai hai, let's say it was worth $100 when he brought it in, and it's now worth $200, but expenses were only $50, now he's going to say it's here, he actually gets a bargain because he only pays the expenses, the $50, and he gets this thing, he doesn't like the color of it, he can turn it on sale in the marketplace for an instant profit, the im hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai, yes, raha hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai hai, if the expenses are more than the benefit, no, you still have to pay the increased value, and it's all the marketplace for what he just paid. Vidaq, a third, to make source for Rabbiokhan would tell us Rabbiudah expresses the principle of aslada machinamimonukavei, right? My he, did, not, he was a quote from a Mishnah, it goes for about four lines and starts here. Misha Para makes us quite good, so let's say I borrowed $1,000 from Bob, and I paid Bob back $500, the Hishlish S. Starre, and we have this third party we both trust, and now I can like Bob, but I paid him back $500, and he still has a document that says that I don't want $1,000, so we give the document to a third party, now Bob would really like me to pay him back, Vidaq Marloy, and I, the one who still owes some money, say to this third party, you know what, even though you say loi mikod, bahd, zban poi mikod, if I don't pay Bob back, let's say from now, until a particular time, it's at the end of the month, 10 laishdara, you can give him back his document, which actually says in it that I still owe him $1,000. Well, Iguiazban Valoy nassan, let's say the time arrives in the month, I didn't pay up, so what's this third party supposed to do, or be oceomer, Iitane, well the third party was told by the loyva, you could give the document back to Bob, give it back to Bob, review who do we box, and again we're going to want to focus more on review, or review to says loi, Iitane, you do not give back the document, because then he would be benefiting from something that's not rightfully his, he could collect the full thousand, but the loi was only for a thousand, and he's already been paid back 500. That is Rabbi Yohannan saying three places in Mishnais, where Rabbi Yohannan holds us to let him share them in a little bit. The Gomorrah rejects all three of these as being absolute proof that that's what Rabbi Yohannan holds, and it says me my question mark comma, Dilma, maybe. It's not like that. Adkalikum, Rabbi Yudah Haqah, that Rabbi Yudan are Mishna, when he said that the person who was living upstairs, and then had collapsed, and he stays down so he can't do that, Ella Mishum de Ika, Shakurisa. If I build somebody else the new house, then I end up living it in six months, especially in those days, he was just a simple whitewash on the walls, well it's going to be wear and tear, the walls are going to be literally a little bit darker, and therefore there is something that the rifle in over the lower unit loses, if he wasn't taking it right then and there he would have had a brand new house, and now he's going to have one that's much darkened and would need to be a new coat of paint or something like that. Inami, alternatively when it comes to the wool case, where Rabbi Yudah said he could pay the lower of two, lifts by the end of itself like Shakur, where the request was to dye his wool red, and instead the dye or dyed it black, Mishum de kamishana, there's a different thing going on. It's that the person who dyed the wool, the improper color, he changed from what he was supposed to do, and it's essentially a kunas that we constant him that, listen, you got to do what the customer wants, if you do something different, so you're going to get a kunas, vahatsanan, and we even have a support to that, because the misha over there says, and here's a quote from it, five words, I boxed it off, kola mishana, yadala taktoyna, whichever party does something different than they were supposed to do, has the lower hand, and the third case, the third mishna, oh, Misha parmetsas qayvai, nami, also there as well, havi asmata, it was a mere reliance when he said to the third party, hey, listen, I intend to pay back the rest of the money by the month, and if I don't, you hear me back the star, did he write that out, was that signed and sealed, no, that was merely like a verbal expression, vishana, no, we know, shamin le rebiuhu to reputus of the opinion dhammar, lo kani, and asmata, we've had this before also, in general, rebutahals is not kind of, period, ama ravaha, barada, mishme dula, taktoyna, I put a diamond round, taktoyna, and two, four, six lines later, last word on line is shabah, the word before there's elia, and I put a diamond round, elia, essentially what we're going to have here is the lower unit and the upper unit, the lower unit wants to rebuild, in any way, that is stronger than it was before, he's totally allowed, if he wants to build it back weaker, he's not allowed, and conversely the upper unit guy who, you know, anything he builds would be a weight on the lower unit, if he wants to build his part on the one flight up, that is less strong, meaning it'll be less weight, that's great for the lower guy, but if he wants to build it stronger than it was, it would not be allowed, so here we go, we're going to have five categories, I call them A, B, C, D, and E, taktoyna, how about the shinace, when the lower guy is rebuilding and he wants to build big veal, shinmanly, big guzzis, aim shinmanly, veal is essentially a larger, a thicker type of base stone, we listen to him, in other words, the upper guy is going to have a stronger thing underneath him, however, if it was big veal, now he wants to build a guzzis, aim shinmanly, B, big fissant, shinmanly, big veal, main shinmanly, if he wants to build with a standard levainim, were three takkom wide, fissant is where you slice them in half, and then you fill like another takk in the middle, you put one and a half at once, one at the other side, and you fill the middle with sort of rocks and mortar and cement, and that's much stronger, and therefore, if he wants to what was once levainim, rebuild as fissant, shinmanly, we certainly listen to him, but the levainim, if it was previously fissant, now he wants to do levainim, aim shinmanly, case C would be the beams that he's going to use for his ceiling, which are also going to be the floor beams of the upper unit, so C le sakhek barasim, if he wants to use cedar wood, which is the strongest and most long lasting shinmanly, we listen to him, if it was previously sycamore, if he wants to use sycamore, bishkomim, and it was previously arasm, aim shinmanly, we don't listen to him, D, the way that they would build then, the stronger a lower wall would have to do with, I guess they didn't have reinforced metal, or steel bars, or steel reshet, so when you would build it, the less windows there were, the smaller windows were, the stronger that the lower unit would be for the upper unit, and therefore, if he wants to lemly, becholones, he wants to make smaller windows or less windows, he can certainly do that, however, the harvest becholones, who wants more or bigger windows than they were previously, aim shinmanly, and finally, lehagbia, this is scenario E, if he wants to, let's say, a ceiling previously was 8 feet, and now he wants to make it 9 feet, aim shinmanly, the taller would be less, stronger, structure below, lemites, if he wants to make it, uh, shorter than it was, uh, a lesser height than shinmanly, and the exact same opposite when it comes to the ellioine, we'll have the five cases, ellioine shabbalah shanayce, a big gauze, shinmanly, big villain, shinmanly, big crease, and b, aim shinmanly, becholones, becholones, lehagbia, shinmanly, bisti, arasm, the floor boards, that the upper unit, which are going to be the ceiling boards, ceiling beams of the lower unit, he wants to arasm, aim shinmanly, they're heavier, bishkamim, shinmanly, uh, d, lehrabis, becholones, if the upper guy wants to have more bigger windows, which would mean that the weight of the wall of the upper unit would be less, then shinmanly, we'll listen to him, lemite, becholones, aim shinmanly, and then finally, elahagbia, if the upper fellow wants to have a, a taller, uh, structure, aim shinmanly, because it would be heavier, lemite, but he wants to make it shorter, shinmanly, we would listen to him, um, that one is the same, period, aimloi lezev, hello lezev, my, let's say, um, neither of them really has the funds to, uh, build, not the lower guy, not the upper guy, and the base want to sell the land, um, what do we do in other, how do you split the value of the land? Um, so tanya, we have a brice, brice, it goes for almost three lines, mahogussipnossen, then the echairim, ripnossen, we underline echair, the tachtyne, the lower unit, noto shne cholokim, gets, uh, two, uh, thirds of the value of the land that they sell, and the elia initialish, the upper unit, gets one third, I guess the assumption is that if you have two stories, the lower unit is about two thirds of the value, and therefore it's two thirds of the land, uh, and the upper has one third. [speaking in foreign language] No, it's more like 75% of the value of the land is the, uh, what the chaichus, if the one who has the ground floor unit had, and the upper unit had 25%. That's the end of the snake source. I'm a robber, so which to make approach we go like. He says, Nicole, grab a hold of the ripnoss and be a dech, did dayana houvenach slumka didina. He was the afbeastan. He would get to the depths of the logic behind these laws. Kasavar, uh, for he, a unit like this, kamma mafsid al-lyabibayis, if you have a one-story unit, how much loss is caused by building a unit on top of it? There is a loss. How do you view it? Maybe it's how much time will the lower unit not last as much unit, the privacy issues, but bottom line, it's tilsa, it takes away a third, and therefore hilka, it's like tilsa kind of makes sense that if the fellow was willing to have the upper unit built and lose a third of its value, he's also taking away a third of the value of the land. Adkad.