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BAVA METZIA 102

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BAVA METZIA 102 - Dedicated by Eddie and Esther Turkel of N.Y. and family

SUMMARY

If someone rents a house to his friend the renter must put up the Mezuzos and he may not take the Mezuzos with him when he leaves the house.
 
If he rents the house from a non-Jew he may take the Mezuzos with him when he leaves.
 
If someone rents a house without the courtyard the fertilizer that is produced from oxen that trespass in the courtyard belongs to the owner of the courtyard because a courtyard is Koneh without the Da'as of the owner.
 
If someone says my courtyard shall be Koneh all of the lost objects that enter my property today if the courtyard is not guarded it is not Koneh the lost objects.
 
If there is a Kol that a specific lost object entered his courtyard his courtyard and he says my courtyard shall be Koneh the Metzi'ah it is Koneh even though it is not guarded. (2)
 
Fertilizer that is produced by his oven belongs to the renter and fertilizer that the renter catches out of the air of the courtyard belongs to him even though he rented only the house and not the courtyard.
 
Abaye says the renter is Koneh the fertilizer only if he catches it immediately before it enters the airspace of the courtyard, while Rava says since he caught it in a utensil the airspace of the owner of the courtyard is not Koneh.
 
If someone is Mafkir his purse and throws into the entrance of his friend's courtyard and it exits out of the other entrance it is a Safek if the courtyard is Koneh the purse of his friend. (2)
 
If someone rents a Stam courtyard to his friend if there is a barn on the courtyard it is not included in the rental and therefore the fertilizer in the barn belongs to the owner.
 
The Chiyuv of Shilu'ach ha'Kan applies to birds which nest in the bird coop or the attic and it is forbidden to steal the birds because of Darkei Shalom.
 
The Chiyuv of Shilu'ach ha'Ken only applies if it is not Mezuman.
 
When an egg is mostly hatched the Chiyuv of Shilu'ach ha'Ken applies.
 
It is forbidden to be Zocheh in the eggs while the mother is hovering over them.
 
If someone rents a house to his friend for a year if the year is made into a leap year the renter may stay an extra month without paying extra.
 
If he rents the house per month if the year is made into a leap year the renter must pay for the extra month.
 
If the house was rented for twelve gold pieces for the year and one gold piece per month the renter pays for half of the extra month. (3)
 
Shmuel says he pays half of the rent only if the owner collects the rent in the middle of the month but if he collects the rent at the end of the month the renter doesn't pay for the extra month at all and if he collects it at the beginning of the month he must pay for the whole month. (4)
 
R. Nachman says even if he collects at the end of the month the renter must pay in full for the extra month because the house is in the Chazakah of the owner. (5)
 

 
Rav says that if someone sells an object to his friend for an Istira- one hundred Ma'ah he must pay a hundred Ma'ah but if he says a hundred Ma'ah- an Istira he must pay an Istira because the last Lashon that he used is the primary Lashon. (6)
 
Rav and Shmuel both agree that if someone tells his friend I am selling a Kor of grain for thirty Zuz they may back out until the last Se'ah changed hands because it is one big purchase.
 
If sells a Kor for thirty Zuz and each Se'ah for a Sela he is Koneh each Se'ah when it exchanges hands and he may not back out. (7)
 
If a father dies within thirty days of the birth of his Bechor it is a Chazakah that he didn't redeem his son and the son must redeem himself and give five Sela'im to the Kohen.
 
If the father died after the Bechor is thirty days old it is a Chazakah that he redeemed his son unless he is told that his father did not yet redeem him.

A BIT MORE

1. Since there is a Kol that the lost object is in his courtyard everyone else in the city gives up on the object and it makes it as if his courtyard is guarded and he is Koneh the lost object.
 
2. The Safek is if an object that landed in the air of a courtyard is as if it landed in the courtyard or not.
 
3. Because we don't know if we the first Lashon is primary and he is renting it for the year and thus the renter may stay an extra month without paying extra or if the second Lashon is primary and he is renting it per month and he must pay for the extra month therefore the extra month is split between them.
 
4. Since it is a Safek if the first or second Lashon is primary it depends on who is Muchzak.
 
5. R. Nachman holds that the owner is always considered Muchzak even if he collects at the end of the month and therefore he collects the entire rent even though it is a Safek.
 
6. Since Rav holds that the last Lashon is primary if the owner told the renter 12 gold pieces for a year and one gold piece per month the renter must pay for the extra month of a leap year.
 
7. It is a Safek if the if the first Lashon is primary and it is one big purchase or the second Lashon is primary and each Se'ah is a separated purchase and therefore whoever is Muchzak may keep it and when he makes a Kinyan on each Se'ah the seller may not take the Se'ah back from him.

BRIEF INSIGHT

AN UNGUARDED COURTYARD
 
If someone says my courtyard shall be Koneh all of the lost objects that enter my property today if the courtyard is not guarded it is not Koneh the lost objects. If there is a Kol that a specific lost object entered his courtyard his courtyard and he says my courtyard shall be Koneh the Metzi'ah it is Koneh even though it is not guarded because everyone else in the city gives up on the object and it makes it as if his courtyard is guarded. The Rosh says that if the courtyard is guarded even if he doesn't say anything the courtyard is Koneh all lost objects that enter the courtyard because a guarded courtyard is Koneh without the Da'as of the owner. However in the case that there is a Kol that a lost object entered his courtyard he is Koneh only if he says that his courtyard shall be Koneh because it is not exactly like a guarded courtyard.

QUICK HALACHAH

REMOVING MEZUZOS
 
If someone rents a house to his friend the renter must being the Mezuzos and put them up even if the practice is to hire someone to put it up because the Mezuzah is the obligation of the person who is living there and it is not an obligation on the house. When the renter leaves the house he shall not take the Mezuzos with him. If the house belongs to a non-Jew he may take the Mezuzos with him. (Rambam Hilchos Mezuzah 5:22)

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