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BAVA KAMA 82

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PAST DEDICATION
BAVA KAMA 82 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

SUMMARY

R. Yochanan says that a person who picks Bikurim from a tree which is leaning over his friend's field or a tree that is next to the border of his friend may read the Parshah of Bikurim. (1)
 
R. Yehoshua Ben Levi holds that Yehoshua Bin Nun made ten conditions when Klal Yisrael inherited Eretz Yisrael. (2)
 
Ezra ha'Sofer made ten decrees, one of his decrees was that the Torah shall be read on Shabbos at Minchah because of the people that are engaged in business that entire week and do not hear the Torah on Monday and Thursday.
 
It was decreed by the Nevi'im in Klal Yisrael that three Pesukim shall be read from the Torah on Monday, Thursday and Shabbos.
 
Ezra ha'Sofer decreed that three people shall read between them ten Pesukim from the Torah on Monday and Thursday.
 
Ezra ha'Sofer decreed that the Beis Din shall sit on judgment on Monday and Thursday because the Torah is read on those days and the villagers travel to the big towns to hear the reading of the Torah.
 
Ezra ha'Sofer decreed that clothing shall be laundered on Thursday for Kavod Shabbos.
 
Ezra ha'Sofer decreed that garlic shall be eaten on Erev Shabbos because it is a night of Onah. (3)
 
Ezra ha'Sofer decreed that on the day that a woman bakes bread she shall bake it early in the morning so that the bread available for the poor.
 
Ezra ha'Sofer decreed that a woman shall wear a girdle for Tzeni'us and that a woman shall comb out her hair before immersing in the Mikvah in order to remove any Chatzitzah.
 
If a person has a Chatzitzah on his skin or hair it invalidates an immersion in the Mikvah.
 
Ezra decreed that traveling merchants shall go from city to city selling cosmetics so that women will look good for their husbands.
 
Ezra ha'Sofer decreed that a Ba'al Keri must immerse in the Mikvah before he learns Torah.
 
A house that is sold in Yerushalayim may be redeemed by the seller even after the first year unlike a house that is sold in any other walled city because Yerushalayim was not inherited by the Shevatim. (4)
 
If a murder victim is found near Yerushalayim an Eglah Arufah is not brought because Yerushalayim was not inherited by the Shevatim.
 
Yerushalayim may not be an Ir ha'Nidachas and houses in Yerushalayim do not become Tamei from Tzara'as because Yerushalayim was not inherited by the Shevatim.
 
It is forbidden to have ledges or balconies protrude from a house in Yerushalayim so that it will not be an Ohel ha'Tum'ah and so that the Olei Regalim will not be hurt from it.
 
It is forbidden to have garbage dumps in Yerushalayim because of Sheratzim and it is forbidden to operate a furnace in Yerushalayim because of the smoke.
 
It is forbidden to have gardens and orchards in Yerushalayim because of the bad smell and it is forbidden to raise roosters in Yerushalayim because of the Kodshim.
 
It is a Halachah l'Moshe mi'Sinai that it is forbidden for a Mes to be left overnight without being buried.
 
It is forbidden to raise pigs anywhere in the world.
 
At the time of a civil war between the Chashmona'im when Yerushalayim was under siege the attacking forces provided Yerushalayim with lambs for the Tamid.
 
One Zaken who was inside Yerushalayim said to the attacking forces in Chochmas Yevanis that as long as they are engaged in the Avodah you will not conquer them and the next day they provided them with a pig instead of a lamb.
 
At that time the Rabanan said that a person who raises pigs shall be cursed and a person who teaches his children Chochmas Yevanis shall be cursed.
 
At the time of that incident the Minchas Omer was brought from barley in Ginos Tzrifin and the Shtei ha'Lechem was brought from wheat in Bik'as Ein Socher. (5)

A BIT MORE

1. Even though the tree nourishes partially from the property of his friend and if a person owns only the tree and not the land he does not read the Parshah, however in this case it is a condition of Yehoshua that he reads the Parshah since the tree is entirely in his field.
 
2. He argues with R. Yochanan who holds that he made eleven conditions including the previous Din that a person brings Bikurim even though the tree nourishes from his friend's property.
 
3. Garlic increases the Zera and therefore it is appropriate to eat it on the night of the Onah.
 
4. If it is not redeemed by the end of the first year it is returned at Yovel to the seller.
 
5. The grain in the vicinity of Yerushalayim was destroyed as a result of the war and they were forced to travel a distance from Yerushalayim to find grain for the Minchas ha'Omer and the Shtei ha'Lechem.

BRIEF INSIGHT

RAISING PIGS
 
The Beraisa states that at the time of the Chashmona'im they decreed that a person who raises pigs shall be cursed. The Rashba asks that anyway it is forbidden to raise pigs because it is prohibited from doing commerce with non-Kosher animals. The Rashba answers that if a person coincidentally owns a non-Kosher animal such as a Ger who inherited non-Kosher animals he is permitted to sell them off one by one as the Gemara stated earlier is permitted for a Ger to sell off non-Kosher animals that he inherited one at a time. However, if the animal is only forbidden d'Rabanan it is permitted to do commerce with it. Moreover, it is permitted to do commerce with animals such as a horse or a donkey which are usually bought to work with and not to eat.

QUICK HALACHAH

TRAVELING SALESMAN
 
Peddlers who travel from city to city the townspeople may not stop them from selling their wares because of a Takanas Ezra that cosmetics shall be available for Bnos Yisrael. This only applies to cosmetics and the like but not to other wares. However, the peddlers may not establish themselves in one place without permission from the townspeople. However, if he is a Talmid Chacham he may establish himself wherever he chooses and Torah teachers who teach children have the same status as a Talmid Chacham. (Shulchan Aruch CM 156:6)

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