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BAVA BASRA 4

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SUMMARY

Although it is forbidden to curse a Nasi however if the Nasi doesn't act in the proper way the prohibition doesn't apply.
 
One who did not see he Beis ha'Mikdash that was built by King Hurdus did not see a beautiful building in his life.
 
The Beis ha'Mikdash of Hurdus was built with green marble or blue marble in one row and white marble in the next row and every other row was indented so it looked like waves in the sea.
 
Daniel was punished with being thrown in a lions den for advising Nevuchadnetzar to give Tzedakah as a salvation for his ominous dream. (1)
 
Bava Ben Buta advised Hurdus to renovate the Beis ha'Mikdash because a servant is Chayav in Mitzvos or because only a King is capable of renovating the Beis ha'Mikdash.
 
If the Minhag of the Medinah is that partners in a courtyard build a flimsy fence between them made out of wicker or bark they shall follow the Minhag.
 
Two partners in a courtyard must build a wall between them in the middle and therefore if the wall falls down even if it falls into the Reshus of one of them or one of them sweeps the stones into his Reshus the stones and the place of the wall belongs to both of them.
 
If two partners own a garden even if there is no Minhag it is as if there is a Minhag to build a fence between them.
 
If two partners own a field in a valley if there is no Minhag it is as if there is a Minhag not to build a fence and one partner may not force the other partner to build a fence between them.
 
However, if one of the a partners in a valley wants to build a fence he may build in his own Reshus and he shall make an indication that he built it so that if it falls the stones and the place where it was built will be his.
 
R. Huna says the indication that he shall make is to bend the top of the wall to the outside and according to the second Lashon of R. Huna he shall bend it to the inside.
 
R. Yochanan says the indication he shall make is to spread cement in the top of the wall on the outside.
 
If the fence is made out of wicker R. Huna says the indication he shall make is that the top of the wicker should point to the outside, while Abaye says the only possibility is to write a Shtar. (2)
 
If both partners in a valley decide to build a fence they shall make an indication on both sides of the fence.
 
If someone owns fields on all four sides of his friend's field and he fenced in three sides the owner of the middle field is not obligated to contribute. (3)
 
R. Yosi says if the owner of the middle field fenced in the fourth side he must contribute for the fence on the other three sides.
 
R. Yehudah says the Halachah is like R. Yosi that the owner of the middle field must contribute for the other three sides whether he was the one who fenced in the fourth side or the owner of the surrounding fields fenced in the fourth side.
 
R. Huna says the owner of the middle field must contribute toward the fence in accordance with whichever type of material was used for the fence.
 
Chiya Bar Rav says he only contributes the amount that he would pay for a cheap fence made out of reeds.

A BIT MORE

1. Daniel was punished because he should not have advised Nevuchadnetzar to do a Mitzvah which will provide him with merit.
 
2. Abaye holds that we are concerned that his friend will cut off the top of the wicker and even if the top is plastered to the wall his friend may peel off the plaster and it will not be noticeable therefore the only possibility is to write a Shtar.
 
3. However if he fences him in on all four sides he must contribute at least the amount that he would have to pay for a guard to watch the fields.

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