REVACH L'DAF
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SUMMARY
If a Ba'al Chov claims his debt after the loan was already due and the debtor claims that he repaid the debt before it was due it is a Safek if he is believed according to Reish Lakish. (1)
If the dividing wall of a courtyard was rebuilt and one of the partners claims that he built it himself and his partner refused to contribute and the partner claims that he paid his share he is believed unless the claimant proves that he didn't contribute. (2)
If one of the partners built the dividing wall more than four Amos high and his partner built a parallel wall in his own property of the same height he is obligated to contribute for the dividing wall and if he claims that he already paid his share he is not believed. (3)
If the partner built a parallel wall that was shorter or not as long as the dividing wall R. Huna says he must contribute for the entire wall, while R. Nachman says that he only must pay for the portion of the wall that is equal the height or length of the parallel wall that he built. (4)
R. Huna admits if a the parallel wall that he built was a small extension to his house he only has to pay for the portion of the wall that is equal to the height or length of the parallel wall that he built.
R. Nachman admits if the parallel wall that he built was shorter than the dividing wall but he constructed the top of the wall with a place for ceiling beams to be inserted there he must contribute for the entire height of the wall. (5)
If one of the partners builds the dividing wall higher than four Amos and he constructed openings in the wall so that ceiling beams can be inserted it is not proof hat his partner contributed his share for the wall. (6)
If someone claims that his friend owes him a Manah and he admits to the claim and the next day he says I paid the debt he is believed, but if he says I don't owe you any money he is not believed. (7)
R. Nachman says if a person has a Chazakah to use his friend's wall to support light beams it is not a Chazakah to use heavy beams, while R. Yosef argues. (8)
If someone has a Chazakah to use his friend's wall to support heavy beams it is also a Chazakah to use light beams.
If someone has a Chazakah that rainwater drips from the entire length of his roof into his friend's courtyard he also has a Chazakah to allow rainwater to drip from a gutter into his friend's courtyard.
If he has a Chazakah that rainwater drips from a gutter into his friend's courtyard it is not a Chazakah for rainwater to drip from the entire length of the roof without a gutter according to the first Lashon of R. Nachman, while R. Yosef argues.
If someone rents a room in a large building he may use any crevices and ledges in the outside wall up to four Amos even if it extends farther than his room and he may use the top of the walls if he rents a room in an upper floor, but he may not use the walls of the garden.
R. Nachman says he may even use the walls of the garden but not the walls of the backyard, while Rava holds he may even use the wall of the backyard.
If someone puts up a beam for shade and he uses the wall of his neighbor to support the beam, if he kept it there for less that thirty days it not a Chazakah, but if he kept it there for more than thirty days it is a Chazakah. (9)
If he puts up a board for his Sukah and uses his neighbor's wall for support if he keeps it there for more than the seven days of Sukos it is a Chazakah and if he attached the beam with cement it is a Chazakah immediately.
If two people own houses on opposite sides of the Reshus ha'Rabim each one shall put up a fence on opposite sides of the roof for half of the roof plus a little bit extra so that they can't see into each other's roof. (10)
If one of them makes a fence for his half of his roof first the owner of the opposite house can't say since you started making a fence you shall complete it and I will give you your expenses.
If a person's roof is next to the courtyard of his friend he must put up a wall of four Amos so that he can't look into the courtyard, but if the courtyard is on higher ground than the roof it is not necessary to put up a wall.
Shmuel says it is not necessary to put a fence between two adjacent roofs, while R. Nachman says a fence of ten Tefachim must be put up between the two roofs to prevent trespassing.
If one courtyard is on lower ground than an adjacent courtyard R. Huna says the owner of the lower courtyard must pay all of the expenses of the portion of the fence that is below the ground of the adjacent courtyard, while R. Chisda holds that they must both share in the expenses of the entire fence.
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A BIT MORE
1. Reish Lakish holds that a debtor is not believed with the claim that he repaid a debt before it was due, however if after the time loan was already due he claims that repaid the debt before it was due it is a Safek that maybe he is believed with a Migo that he could have claimed that he repaid it after it was due, or maybe he is not believed with a Migo against the Chazakah that a person doesn't pay a debt before it is due.
2. Even if he claims that he paid his share of the wall before it was completely built he is believed because after each row of the wall is built a payment is due and therefore it is not the same as claiming that a loan was repaid before it is due.
3. Even if he claims that he paid for the expenses of the wall after the wall was completely built he is not believed because it we do not believe he would pay until explicitly instructed by the Beis Din to do so because it is not a well known Din that he is obligated to contribute for the extra height of the wall in the event that he builds a parallel wall.
4. R. Huna holds that since he built a parallel wall he will eventually raise its height or extend its length so that it will correspond with the dividing wall and therefore he must contribute for the entire dividing wall, while R. Nachman disagrees.
5. Since he constructed in such a way that makes it obvious that he plans on inserting ceiling beams it is obvious that he plans on raising the height to the same height as the dividing wall and therefore he must contribute for the entire wall.
6. Even though he made an opening for his partner to insert ceiling beams it doesn't prove that his partner contributed for the all and that is why he left a space for ceiling beams because he can say I left a space for ceiling beams not because my partner contributed but so that in case he does contribute in the future and he wants to insert ceiling beams I will not have to compromise the integrity of the wall by drilling holes in the wall.
7. Since he admitted in front of witnesses that he owed the money when he claims the next day that he doesn't owe the money he is not believed and he no longer is believed to say that he repaid the loan because since he claimed that he doesn't owe the money it is tantamount to saying that he didn't repay the loan because anyone who says he didn't borrow is also saying that he didn't repay.
8. If someone makes use of his friend's property even momentarily and his friend doesn't protest he has a Chazakah for that usage and his friend may not stop him from using his property for that purpose in the future because if he had not sold his friend the right to use his property for that usage he would have protested, however if he has a Chazakah for light beams it is not a Chazakah for heavy beams according to R. Nachman.
9. If the beam was there less than thirty days that which his neighbor was silence is not proof that he sold him the rights to keep his beam there because a person is not Makpid if his friend keeps it there for less that thirty days, but once it was there for thirty days it is proof that he must have sold him the rights because if not he would have protested.
10. Certainly if the two roofs are on opposite sides of a Reshus ha'Yachid they must put up a fence so that they can't see into their friend's roof but even if they are on opposite sides of a Reshus ha'Rabim they must put up a fence even though anyway the people passing by in the Reshus ha'Rabim can see into his friend's roof because his friend can say the people in the Reshus ha'Rabim only see into my roof during the day and only if I am standing and only if they make an effort to look while the person in the opposite roof can see in all the time.
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Index to Revach for Maseches Bava Basra
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