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BAVA BASRA 2-8 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.


1. If a wall between two yards falls down, one of the partners may force the other to rebuild the wall.
2. One partner claims that he rebuilt the wall at his own expense and was not compensated. He is not believed.
3. There is a dispute about whether it is common for a borrower to repay a loan before it is due.
4. In order to collect a loan from a borrower's estate, one must swear that he did not receive payment from the deceased.
5. However, if the loan document was due after the person died, he does not have to swear.


1. The wall must be built to a height of four Amos.
2. If he has witnesses that the other partner refused to participate in the expense, he is believed.
3. Reish Lakish: It is not common. Abaye and Rava: A person may receive money before the debt is paid, and is eager to repay the debt before it is due.
4. If the lender would not be required to take an oath, he would be able to take advantage of the orphans, who do not know whether or not their father paid back this loan.
5. This is because the Halachah follows the view of Reish Lakish (see #3), i.e., we assume that the deceased did not pay back the loan, as there is a Chazakah that people do not repay loans before they are due.

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