OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) MAKING NOISE IN A CHATZER
1. 20b (Mishnah): A millstone's lower stone must be
distanced three Tefachim. The upper stone will be
four Tefachim away.
2. This is due to the noise.
3. (Mishnah): If one set up a store in a Chatzer,
others can stop him because the noise of people
entering and leaving disturbs their sleep. Rather,
he may make Kelim in the Chatzer and sell them in
4. If their sleep is disturbed by the noise of his
hammer, millstone or children (coming to the store)
they cannot complain.
5. Question: What is the difference between the
6. Answer #1 (Abaye): The Seifa teaches that people of
another Chatzer cannot complain.
7. Objection (and Answer #2 - Rava): If so, it should
say so explicitly! Rather, the Seifa (does not
discuss a store, rather, it) discusses one who
teaches Torah to children, after the enactment of
Yehoshua ben Gamla.
8. 23a: Bloodletters used to sit under Rav Yosef's date
trees. The Kelim attracted ravens, which damaged the
dates. Rav Yosef said that the bloodletters must
leave, for Rav Nachman taught that there is no
Chazakah for damage.
9. Abaye: Rav Mari taught that that refers to smoke,
and Rav Zevid taught that it refers to a Beis
ha'Kisei (a privy. It does not apply to other
10. Rav Yosef: I am very sensitive. The ravens bother me
like smoke and a Beis ha'Kisei.
11. 57b (R. Yochanan): Partners can object against each
other regarding any use of the Chatzer, except for
laundry. This is an enactment lest women need to
launder in the river.
1. The Rif and Rosh (2:6) bring the Gemara verbatim.
i. Nimukei Yosef (DH mi'Kol): The Mishnah says
'the noise of people entering.' Really, it is
not due to noise, rather, to increased traffic.
The Yerushalmi clearly says so.
2. Nimukei Yosef (DH Gemara Omar): Abaye taught that
people of another Chatzer cannot complain. This
shows that one in another Chatzer of the Mavuy
cannot complain about increased traffic. Rava
refuted Abaye's Perush, but he did not argue with
this law (that one cannot complain about increased
traffic in a Mavuy). Above, we said that people in a
Mavuy can prevent someone from making an opening to
the Mavuy. We must distinguish between increased
traffic of people coming to buy from increased
traffic from another Mavuy.
3. Nimukei Yosef (DH l'Tinokos): Even though he could
teach the children in a Beis ha'Keneses or Beis
Medrash special for this, we do not require him to
do so, to strenghen the enactment so that teachers
will be available.
i. Hagahos Ashri: In every case, one may protest
against one who wants to establish a
profession. Rav Nachman taught that there is no
Chazakah for damage, but we established this to
refer to smoke or a Beis ha'Kisei. One can get
a Chazakah for other damages.
4. Rambam (Hilchos Shechenim 6:12): If one set up a
store in a Chatzer, the neighbors can stop him
because the noise of people entering and leaving
disturbs their sleep. Rather, he may make Kelim in
his shop and sell them in the market. They cannot
protest that their sleep is disturbed by the noise
of his hammer or millstone, for he made a Chazakah.
Similarly, he may teach Torah to Yisrael children,
and the partner cannot complain that he cannot sleep
due to the children.
i. Magid Mishneh: The Rambam explains that this is
when he already made a Chazakah, but at the
beginning they can stop him. The Rambam was
bothered why they cannot protest. A hammer
disturbs sleep more than people entering and
leaving! Also, the Mishnah says 'a store in the
Chatzer', which connotes that it is already
there. It does not say 'one who seeks to make a
store' or 'one may not make a store.' Rather,
it discusses one who already has a store. It
teaches that his Chazakah does not help for
others, i.e. people entering and leaving, like
he said in the name of Ge'onim in Halachah
11:5. His Chazakah helps for himself to do his
own work. The Rashba disagrees and says that
others cannot protest about the noise of the
people entering and leaving, for they cannot
protest about the noise of his hammer or
millstone! Rather, they can protest that the
increased traffic in the Chatzer increases the
distance they must walk. He says that even if
they permitted this, they can say 'we thought
that we could tolerate it, but now we cannot.'
He derives this from the words 'a store in a
Chatzer', like I said above.
1. Shulchan Aruch (CM 156:2): If one set up a store in
a Chatzer, the neighbors can stop him because the
noise of people entering and leaving disturbs their
sleep. Rather, he may make Kelim in his shop and
sell them in the market. They cannot protest that
their sleep is disturbed by the noise of his hammer
or millstone, for he made a Chazakah and they did
i. SMA (9): This is unlike grinding grits
(157:14), which others can protest about, for
it makes a great noise and shakes walls, which
is a great damage.
2. Rema: Some say that whatever he does in his house
even l'Chatchilah they cannot protest.
ii. SMA (10): They can protest against the other
matters, which are in the Chatzer, but not
against a hammer or millstone, which are in his
house. The Shulchan Aruch says in Sa'if 4 that
Chazakah helps for Melachah, but not for people
entering and leaving.
iii. SMA (11): The Rambam says that Chazakah helps.
Three years are not needed. It suffices that it
is recognized that he did Melachah, they heard
and did not protest.
iv. Gra (9): The Tosefta (1:3) says that if the
store was there first, others cannot protest.
i. Beis Yosef (DH v'Amai): R. Yo'el (in Mordechai
512) says that they cannot protest against his
hammer in his house, but in the Chatzer,
partners can protest about anything except for
laundry, like it says in 57b. R. Yerucham and
the Semag say that before he gets a Chazakah,
neighbors can protest against a hammer in his
house. It seems that the Rambam agrees. The
Ramban holds like the Rashba (they can protest
only due to increased traffic), and it seems
that also Tosfos does.
3. Rema (ibid.): This refers to healthy people. Sick
people can protest if the noise harms them.
ii. SMA (12): This is unlike the Mechaber, who
permits only if he already made a Chazakah.
i. Gra (11): We learn from 23a.
4. Shulchan Aruch (3): Similarly, he may teach Torah to
Yisrael children, and the neighbors cannot complain
that they cannot sleep due to the children learning
from their Rebbi. Similarly, they cannot protest
about any Mitzvah.
i. Beis Yosef (DH u'Mah she'Chosav Rabeinu): The
Ritva (Sof Teshuvah 27) says that likewise they
cannot protest if he sets up a Medrash to
spread Torah or expound to the Rabim to glorify
Torah, lest it be forgotten.
ii. SMA (13): This connotes that there is no limit
to the number of children. The Tur says so
explicitly. This is unlike the Ramban, who says
that Rashi holds that it is forbidden if there
are more than 50.
iii. Gra (12): This is l'Chatchilah (neighbors
iv. Pischei Teshuvah (9): The Levush says that we
discuss people of the Chatzer or Mavuy (alley)
protesting, but one who lives in the same room
or Beis ha'Choref (a room with little
ventialltion, for the winter) can prevent
another even from teaching Torah to Yisrael
children, for most people cannot bear this. He
did not become partners in the room with this
intent, unless he explicitly stipulated.
CAN PEOPLE KEEP PROFESSIONALS OUT OF A MAVUY? (Bava Basra 20)
Index to Halachah Outlines for Maseches Bava Basra