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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. The Gemara concludes that the Mishnah refers to a small yard which cannot be forcibly divided.
2. However, once the two partners each acquire their share of the small yard, they can force each other to build a wall.
3. One partner may always force a division of a large yard.
4. A person may not destroy a synagogue in order to build another one.
5. The Gemara discusses Hurdos (Herod), the Chashmonai servant who became king.
A BIT MORE
1. In such a yard, which measures less than eight square Amos, the partners both must agree to divide the yard or to build a wall in the middle of the yard. One may not force the other to take a certain portion of the yard as his portion, nor to build a wall.
2. If they merely agree that each will use a certain portion of his yard, one may not force the other to build a wall in the middle of the yard. However, if they each acquired (i.e., through Chazakah) their portion of the small yard, they may now force each other to build a wall in the middle of the yard.
3. He may also force the other partner to participate in the building of a wall in the middle of their yard once they have divided it.
4. This is either because we are concerned that circumstances will prevent a replacement from being built, or that there will be nowhere to pray in the interim.
5. Although he masterfully renovated the Beis ha'Mikdash, he was an evil person who killed many people, including many great sages. He also blinded Bava ben Buta.
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