A TREE DEPOSITED ON ANOTHER'S PROPERTY
If a river flooded Levi's trees...
(Ula): The Mishnah discusses only if they were uprooted with their surrounding earth, and after three years;
Within three years, Levi gets all the olives. Even if Yehudah would have planted his own trees, he could not have benefited from the Peros for three years (they are Orlah).
Rejection: Yehudah can say, had I planted my own trees, I would have received all the Peros after three years. I agreed to keep your trees there and let you share the Peros after three years, only on condition that I share the Peros within three years!
(Ravin): The Mishnah discusses only if they were uprooted with their surrounding earth, and within three years;
After three years, Yehudah gets all the olives. Had he planted his own trees, he would have received all the Peros after three years.
Question: Levi can say, had you planted your own trees, you would not have benefited for three years;
Now that you shared the olives with me within three years, I should share after three years!
Answer: Yehudah can say, had I planted my own trees, they would have been small the first three years, and I could have planted beets and vegetables underneath them. (Your trees were big and I could not plant under them, therefore I shared the olives.)
(Beraisa): Levi cannot say 'I will take back my trees'. (He does get half the olives for three years, and is then paid the value of trees (for replanting)).
Question: Why can't he take back his trees?
Answer (R. Yochanan): This is an enactment for the settlement of Eretz Yisrael.
ENACTMENTS FOR THE SETTLEMENT OF ERETZ YISRAEL
(Mishnah - R. Yehudah): If Reuven is a sharecropper on his ancestors' field that (now) belongs to a Nochri, he must tithe even the half that he returns to the Nochri.
Question: What is 'his ancestors' field'?
Answer #1: It is Eretz Yisrael, which formerly belonged to Avraham, Yitzchak and Yakov.
R. Yehudah holds that a Nochri cannot acquire Eretz Yisrael to uproot (the Kedushah and) the obligation to separate Ma'aser from the Peros, and that a sharecropper (who gets a fixed portion of the produce) is like a Chocher (one who rents a field on condition to pay a fixed amount of Peros each year);
Just like a Chocher must tithe and pay the Nochri whether or not the field produces, for he pays a debt, also a sharecropper.
Question (Rav Kahana - Beraisa - R. Yehudah): If Reuven is a sharecropper on his ancestors' field that now belongs to a Nochri extortionist, he must tithe even the Nochri's share.
Why does the Beraisa discuss an extortionist? The same applies to any Nochri!
Answer #2: Rather, R. Yehudah holds that a Nochri can acquire Eretz Yisrael to uproot Ma'aser, and a sharecropper is not like a Chocher. The field belonged to Reuven's father or grandfather;
The obligation to tithe is a fine on heirs of the original owners. Since the field is dear to them, they will work it anyway.
Question: What is the reason for the fine?
Answer (R. Yochanan): It encourages the heir to buy it back from the Nochri.
WORKING FOR ANOTHER'S BENEFIT WITHOUT HIS PERMISSION
(Rav): If Reuven planted Shimon's field without permission, he has the lower hand (he gets the improvement or his expenditures, whichever is smaller);
(Shmuel): We estimate how much someone would pay to have such a field planted.
(Rav Papa): They do not argue. Rav discusses a field that is not normally planted, and Shmuel discusses a field that is normally planted.
Rav did not say this explicitly. Rather it was inferred from the following case.
Yehudah planted Levi's field without permission. Rav said that he must estimate and pay. Levi said 'I did not want it planted.' Rav said that he must estimate and pay, but Yehudah has the lower hand. Levi refused.
Later, Rav saw Levi guarding the crops. Since he showed that he was happy that it was planted, he forced him to give Yehudah the upper hand.
(Rav Nachman): If Reuven rebuilt Shimon's ruined house without permission he may take back his wood and rocks;
(Rav Sheshes): He may not.
Question (Beraisa - R. Shimon ben Gamliel): Beis Shamai say, he may take them back;
Beis Hillel say, he may not.
Does Rav Nachman rule like Beis Shamai?!
Answer: No, Rav Nachman rules like R. Shimon ben Elazar.
(Beraisa - R. Shimon ben Elazar): He may take them back;
R. Shimon ben Gamliel says, Beis Shamai say that he may take them back, and Beis Hillel say that he may not.
Question: Like whom is the Halachah?
Answer (R. Yakov): If he rebuilt a house, he may take back his wood and rocks. If he planted young trees in a field, he may not take them back.
Question: Why must he leave the trees?
Answer #1: It is for the settlement of Eretz Yisrael.
Answer #2: He already caused (a loss to Reuven,) weakening of the land.
Question: What is the difference between these answers?
Answer: They argue about a field in Chutz la'Aretz.
GIVING NOTICE BEFORE EVICTING
(Mishnah): If Reuven rented a house to Shimon in winter, he cannot evict him from Sukos until Pesach;
In summer, he cannot evict him for 30 days.
In big cities he cannot evict him for 12 months.
Regarding a store, even in small cities, he cannot evict him for 12 months (to enable the grocer to collect from people who bought on credit).
R. Shimon ben Gamliel says, one who rents a baker or dyer's store gets three years.
(Gemara) Question: Presumably, one cannot evict a tenant in winter because a person expects to rent one place for the entire winter. Likewise, a person expects to rent one place for the entire summer!
Answer: One cannot evict a tenant in winter because it is hard to find housing in winter.
Question (Reisha): In big cities he cannot evict him for 12 months.
If the 12 months expire in winter, he can evict him, even though it is hard to find housing!
Answer (Rav Yehudah): The Mishnah tells how much warning one must give before evicting a tenant;
If Reuven rented a house to Shimon in winter, he cannot evict him from Sukos until Pesach without giving 30 days warning.
Support (Beraisa): The 30 days and 12 months are the periods of warning before evicting;
Just like the owner must warn the tenant, also the tenant must warn the owner before leaving so he can look for suitable tenants.
(Rav Asi): If he lived there one day in winter, he cannot be evicted from Sukos until Pesach.
Question: (This implies that in summer he can be evicted immediately.) The Mishnah gives 30 days!
Answer: Rav Asi means that if even one of the 30 days extends into winter, he cannot be evicted until Pesach.
RIGHTS OF A LANDLORD
(Rav Huna): The owner may raise the rental.
Question (Rav Nachman): That is the ultimate eviction!
Answer: He may raise the rent if the cost of housing has increased.
Obviously, if Reuven's house fell, he can tell Shimon to leave when the contract expires. Reuven need not give warning, because he did not know that he would need the house.
If Reuven sold, gave or bequeathed the house to Levi, Levi has no right to evict Shimon before Reuven could.
If Reuven needed the house to marry off his son (and the son will live there), if he could have warned the renter but he did not, he cannot evict him. If it was impossible to warn him, he may evict him.
Reuven bought a boatload of wine; he had no place to put it. He asked Leah if she had a place for it, and she said 'no'. He was Mekadesh her; she gave him a place. He immediately wrote and sent her a Get; she hired workers to remove his wine, paying them from the wine itself.
(Rav Huna brei d'Rav Yehoshua): She (justifiably) treated him like he treated her.
This is not only if her Chatzer is not normally rented. Rather, even if it is normally rented, she can say that she does not want to rent to him.
(Mishnah - R. Shimon ben Gamliel): One who rents a baker or dyer's store gets three years.
This is because he extends much credit.
WHAT THE LANDLORD MUST SUPPLY
(Mishnah): If Reuven rented his house to Shimon, he must supply the door, bolt and lock, and everything that requires a craftsman;
Shimon supplies anything that does not require a craftsman.
The dung belongs to Reuven (this will be explained). Shimon only gets (ashes) from the oven.
(Gemara - Beraisa): If Reuven rented his house to Shimon, he must supply the doors, make windows (i.e. holes in the wall for air and light), strengthen the roof (if it corrodes), and fix any beams that break;
Shimon must make a ladder, a Ma'akeh (a wall around the roof to prevent people from falling), a gutter pipe, and plaster the roof.
Question: Who must supply the Mezuzah?
Objection: This is obvious. Rav Mesharshiya taught that the one who lives in a house is obligated to affix a Mezuzah!
Answer: The question was, who must supply the place in which to put the Mezuzah (the word 'Mezuzah' means doorpost).
Answer (Rav Sheshes - Mishnah): Shimon supplies anything that does not require a craftsman.
One can put the Mezuzah in a hollow reed and hang it from the doorpost. This does not require a craftsman!