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|BAVA BASRA 3 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.|
According to the second Lashon Hezek Re'iyah (damage caused by looking in to your friends' courtyard) is regarded as a Hezek
If a fence that separates a vineyard from a field of grain collapses we tell the owner of the vineyard to put it back up, if it collapses again we tell him again to put it back up if he gives up on putting it back up the produce is Kilayim and the owner of the vineyard is Chayav to pay. (1)
If two people are partners in a courtyard even if each one will receive less than four Amos in the courtyard if each one chooses one of the directions and they make a Kinyan they may not retract. (2)
If two people are partners in a Sefer Torah even if they agree to divide it between them it is forbidden.
The Amah Traksin that Shlomo ha'Melech built out of chiseled stone separated the Heichal and the Kodesh Kodshim and it was an Amah wide (six Tefachim) and thirty Amos tall.
In the second Beis ha'Mikdash a wall was not built to separate the Heichal and the Kodesh Kodshim because the height was forty Amos and a wall that was one Amah wide could not stand. (3)
The second Beis ha'Mikdash endured for 420 years while the first Beis ha'Mikdash endured only 410 years.
It is a Safek if the Shi'urim mentioned in the Mishnah for the width of a wall that is put up in a courtyard between partners includes the plaster or not.
A beam that is put up at the entrance to a Mavoy which allows a person to carry in the Mavoy must be wide enough to hold a half brick of one and a half Tefachim.
R. Chisda says it is forbidden to knock down a Beis Ha'Keneses until a replacement is built because of the concern that they may be negligent and will not build the replacement, or alternatively so that they will have a place to pray in the interim. (3)
Even if the money was already collected and the materials were bought for the building of the new Beis Ha'Keneses they may not knock down the old Beis Ha'Keneses because maybe they will be forced to sell the materials in order to ransom a captive. (4)
If they the old Beis Ha'Keneses is defective they may knock it down before building a new one.
Bava Ben Buta advised Hurdus to knock down the Beis ha'Mikdash before rebuilding it because the Beis ha'Mikdash was defective or because we are not concerned that a King will be negligent and will not build it.
A BIT MORE
1. A distance of four Amos must be kept between the vineyard and the grain and otherwise it is Kilayim, however if there is a fence between them they both may plant right up to the fence.
2. If it is a large courtyard and each one will receive four Amos if one of them wants to divide it between them he may force his partner to do so, however if each one will receive less than four Amos one can't force the other to divide and only if they both agree and make a Kinyan they are committed to divide it. However if each one did not choose a direction it is a Kinyan Devarim and it is not a valid Kinyan.
3. Instead a curtain divided the Heichal and the Kodesh Kodshim.
4. The practical difference between the two reasons is if they have another Beis Ha'Keneses available to use in the interim.
5. However, once they build the new Beis Ha'Keneses they would not sell it in order to pay ransom for a captive and instead they would find other sources to pay the ransom.
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