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BAVA KAMA 81

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PAST DEDICATION
BAVA KAMA 81 (23 Adar) - The material produced for this Daf has been dedicated in loving memory of Moshe Simcha ben David Rubner, who was killed in action while defending his people as a member of the Israeli armed forces. Sponsored in honor of his 20th Yahrzeit by his parents, David and Zahava Rubner of Petach Tikva, Israel.

SUMMARY

Yehoshua Bin Nun made ten conditions when Klal Yisrael inherited Eretz Yisrael. One condition is that an owner of a thick forest person must allow small animals to pasture in the forest. (1)
 
Another condition is that anyone could walk into his friend's field and collect twigs from his friend's thorn bushes if they are damp and still attached to the ground as long as he doesn't uproot the bush completely.
 
Another condition is that anyone could walk into his friend's field and pick grass for his animals unless Tilsan (a type if legume) is growing in the field. (2)
 
Another condition is that anyone could walk into his friend's field and cut off branches from his tree except for an olive tree that has already been trimmed by the owner. (3)
 
When a person cuts the branches of his friend's tree he may only cut the soft branches that do not yet produce fruit and are not on the side of the tree that gets direct sunlight.
 
Another condition is that anyone in the town may use the water from a spring even if it is a new spring that is privately owned.
 
Another condition is that anyone from any Shevet may catch fish in Lake Kineret even though it is in the portion of Naftali as long as he doesn't use netting that may get in the way of boats.
 
When Klal Yisrael conquered Eretz Yisrael the loot that was not attached to the ground may be taken by anyone from any Shevet no matter where it was found, but the loot that was attached to the ground belonged to the Shevet that inherited that portion.
 
Every single Shevet receives in their portion of Eretz Yisrael mountainous regions, low lying lands and fields and valleys.
 
Another condition is that anyone could relieve himself behind a fence and take a stone from the fence even on Shabbos.
 
Shlomo ha' Melech decreed that it is permitted for anyone to walk on a path through his friend's field until the beginning of the second rain. (4)
 
Another condition is that it is permitted for anyone to walk on in his friend's field on the side of the road in order to avoid the bumps in the road.
 
Shmuel says that the conditions of Yehoshua Bin Nun apply even in Chutz la'Aretz.
 
Another condition is that if someone gets lost in his friend's vineyard he may cut his way through the vines in order to make a path on his way out of the vineyard.
 
The Mitzvah of Hashavas Aveidah applies also to helping a person who is lost find his way.
 
A Mes Mitzvah is Koneh the place where he is found and he is buried in that spot even if it is in a private field.
 
If a Mes Mitzvah is found lying across the road he is moved so that people who walk on the road will not become Tamei.
 
If a Mes Mitzvah is found across a Reshus ha'Rabim if there is an unplowed field on one side and a plowed field on the other he should be moved to the unplowed field.
 
If there is a plowed field on one side and a field that was planted on the other side of the Reshus ha'Rabim he should be moved to the plowed field. (5)
 
R. Yehudah says it is a condition of Yehoshua that at the usual time for fertilizer to be put outside it is permitted to put fertilizer in the Reshus ha'Rabim for 30 days so that it will be trampled on by people and animals.
 
R. Yishmael Ben Berokah says that it is a Tenai Beis Din that if someone's bees flew onto his friend's tree he may cut off the branch in order to retrieve his bees.
 
It is also a Tenai Beis Din that if one person is carrying a jug of wine and another person is carrying a jug of honey if the jar of honey breaks he may spill out the wine in order to catch the more valuable honey and the owner of the honey must pay him for his wine.
 
It is also a Tenai Beis Din that if one person's animal is carrying a load of flax and another person's animal is carrying a load of wood if the animal that is carrying the flax dies he may unload the animal from the wood and place the more valuable flax on the animal and the owner of the flax must pay him for his wood.

A BIT MORE

1. However large animal may not pasture in the forest and even small animals may not pasture in the forest if it is not a thick forest because the animals will destroy the forest.
 
2. Grass is good for the Tilsan that is growing in the field and if the grass is picked it ruins the Tilsan.
 
3. When someone trims down his olive tree in order to use the wood he leaves two branches so that the tree will regenerate therefore one is not allowed to cut off anything from those two branches.
 
4. The second rain starts on the seventeenth of Cheshvan and from that time the grains starts sprouting and if someone walks in the field he will ruin the sprouting grain.
 
5. If the fields on both sides of the Reshus ha'Rabim are the same type of field the Mes Mitzvah may be moved to any side that the person who finds him chooses.

BRIEF INSIGHT

MIDAS SEDOM
 
The Gemara states that regarding someone who doesn't allow others to use a path through his field people say about him “what benefit does Ploni get and what damage is being caused. About him the Pasuk states when you have a chance to be good don't be called bad.” The Maharsha asks previously the Gemara states that when a person has a house that is not being rented out and someone lived there without permission he doesn't have to pay rent. However, even though once the person lived there he doesn't have to pay rent however the Gemara implies he has the right to stop him from living there in the first place. The Maharsha answers that even though his house is not up for rent since he could rent it out if he wants he is not considered a bad person if he doesn't allow others to live there. However, a person doesn't rent out a path in his field and therefore if he doesn't allow others to use the path he is considered a bad person.

QUICK HALACHAH

TEN CONDITIONS
 
Yehoshua Bin Nun made ten conditions and they all apply even in Chutz la'Aretz. Someone whose bees flew on the tree of his friend according to some opinions he may cut off the branch in order to retrieve the bees and he must pay the owner of the tree for the branch. Some opinions hold that it is forbidden for his to cut off the branch. (Shulchan Aruch CM 274:1)

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