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BAVA METZIA 101

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BAVA METZIA 101 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

If an olive tree is flooded into his friend's field and it grows olives and the owner of the tree says that it was my tree that produced the olives, while the owner of the land says it was my land that produced the olives they split the olives between them.
 
Reish Lakish says only if the tree was uprooted with the earth around the roots and within the first three years the olives are split between them, but after three years all of the olives belong to the owner of the land. (1)
 
If the owner of the tree wants to uproot the tree from his friend's field and take it back he may not do so because of Yishuv Eretz Yisrael.
 
It is a Machlokes if a non-Jew makes a Kinyan on land of Eretz Yisrael if the produce which grows in the field is Chayav in Terumah and Ma'aser.
 
If a non-Jew steals land from a Jew in Eretz Yisrael and the son of the Nigzal is hired to be a sharecropper on the land he must separate Ma'aser from the share that he gives the owner. (2)
 
If someone plants trees in his friend's field without permission if it the field is suitable for planting trees the owner must pay him the going rate that is paid to a gardener for planting trees.
 
If the field is not suitable for planting trees he only pays the expenses or the appreciation of the field whichever is less
 
If someone rebuilds a demolished structure without permission and he wants to take back his building materials it is a Machlokes if he may do so.
 
Someone who rents a house to his friend without specifying a length of time he may not evict him during the rainy season between Sukos and Pesach unless he notifies him thirty days prior to Sukos. (3)
 
If he wants to evict him during the summer he must give thirty days notice.
 
If he rents the house to him in a large city he may not evict him without giving him 12 months notice. (4)
 
If he rents a store to his friend whether it is a small or large city he may not evict him without giving him notice 12 months notice. (5)
 
R. Shimon Ben Gamliel says that if he rents it to a baker or a dyer he may not evict him without giving him three years notice because bakers and creditors give credit to their customers for three years.
 
Just as the owner must notify the renter in advance so too the renter must notify the owner is advance when he wants to leave the house.
 
If the owner wants to raise the rent at the end of the rental term he may do so without giving notice if the price of rentals went up.
 
If the house of the owner fell down he may evict the renter at the end of the term without advance notice because he has more right to the house than the renter does. (6)
 
If the owner of the house sells it or it falls to his children in an inheritance or he gives it as a gift the new owner must also give the renter advance notice before evicting hmm just like the original owner.
 
If the owner marries off his son and he needs the house of this son if it is possible for him to give advance warning he must do but if it isn't possible he may take the house back without advance warning because he has more right to the house than the renter does.
 
The owner of the house is responsible to for the door, bolt and lock and anything that requires a professional, while the renter is responsible for anything that doesn't require a professional.
 
The owner of the house is responsible for a door and for windows, to repair the roof and the beams of the house, while the renter is responsible for a ladder, a fence for the roof, the gutter and tarring the roof.
 
The person who lives in the house is Chayav to put up the Mezuzos.

A BIT MORE

1. Since the land was uprooted with the earth around the roots it is Patur from Orlah and therefore the first three years the owner of the tree has a right to half of the olives because if the owner of the land planted a new tree he would have to wait three years before he may eat the fruit and now that an older tree took root it is Patur from Orlah, but after three years all of the olives belong to the owner of the land because he can say that if I had planted the tree myself I would eat all of the fruit after three years. The owner of the tree may not respond that if you had planted the tree yourself you would get nothing the first three years and now you are getting half of the olives the first three years and therefore I should also receive a portion of the olives after three years because the owner of the tree can say if I had planted the tree it would have been very small the first three years and I could have planted vegetables underneath it.
 
2. M'Ikar ha'Din he is not obligated to separate Ma'aser from the share that he gives to the non-Jew and it is only a Knas d'Rabanan. Although someone who leases land must separate Ma'aser m'Ikar ha'Din that is because he gives a fixed amount of grain even if the Karka doesn't produce and thus the share that he gives the non-Jew is tantamount to paying a Chov and he a person must separated Ma'aser before repaying a Chov with his grain, however a sharecropper is different because he only gives a percentage of the crops so it is not like a Chov, however the Rabanan penalize the son of the Nigzal and obligated him to se p Ma'aser because he will not refrain from working on the land even if he must separate Ma'aser because the land is dear to him since it belonged to his father and if we force him to separate Ma'aser maybe he will be motivated to buy the land from the non-Jew.
 
3, It is difficult to find a house to rent in the winter and therefore he must be given notice far in advance.
 
4. It is difficult to find a house to rent in the in a large city even in the summer therefore he must be given notice 12 months in advance.
 
5. A store keeper provides for his customers on credit and his creditors pay by the end of 12 months and if he moves his store within 12 months before his creditors pay off their debts they won't be able to find him to repay the debts.
 
6. The reason he must give advance notice to the renter is because it is difficult for him to find a place to live and the renter doesn't want to end up in the street, but now that the owner doesn't have a place to live either he may take his house back because he can say I also don't want to end up on the street.

BRIEF INSIGHT

A FLOODED OLIVE TREE
 
If an olive tree is flooded into his friend's field and it grows olives and the owner of the tree says that it was my tree that produced the olives while the owner of the land says it was my land that produced the olives they split the olives between them
 
If the owner of the tree wants to uproot the tree and take it back he is not allowed to because of Yishuv Eretz Yisrael. Tosfos explains that even though the owner of the land has the right to all of the olives after three years the owner of the tree may not take his tree however the owner of the land must pay for the tree the value that it has if it is sold for planting.

QUICK HALACHAH

DEMOLISHED STRUCTURE
 
If someone rebuilds a demolished structure without permission he receives the expenses or the appreciation whichever is less. If the builder wants to take back his building materials he may do so. If the owner of the Karka tells him to demolish the structure that he built he must do so. (Shulchan Aruch CM 375:6)
 
The builder may take back his building materials even though a planter may not take back his trees that he planted in his friend's field because regarding a building the Sevara that it weakens the land doesn't apply like it does by trees. (Sma)

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