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Bava Basra 2b

בבא בתרא ב׳ ע״ב

Bava Batra 2b

Learn Bava Basra 2b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

What מחיצה means in the opening משנה of בבא בתרא, and whether היזק ראיה (harm from being seen) counts as damage.

Overview

The opening משנה says that partners who 'wanted to make a מחיצה' in a shared courtyard build a wall in the middle. The גמרא first finishes a proof that מחיצה means a partition-wall. On that reading, the wall is built only when both partners agree, so היזק ראיה (harm from being seen) is not called damage. The גמרא then suggests that מחיצה means 'division,' which would point the other way. It goes back to the partition reading by looking closely at the משנה's wording. Next it explains why the משנה needs to say the wall goes 'in the middle': it covers a partner who was talked into building. Then the גמרא challenges the idea that היזק ראיה is not damage, using a list of sources: the garden, a fallen wall, a gatehouse, dividing a courtyard, windows, and רב נחמן's rule about a roof. Each proof is pushed aside by showing that its case is different. The answer to the last proof, the roof, continues on the next amud.

Opening lines

נִתְיָאֵשׁ הֵימֶנָּה וְלֹא גְּדָרָהּ –

If he gave up on it and did not fence it,

הֲרֵי זֶה קִידֵּשׁ,

he has made the crops forbidden,

וְחַיָּיב בְּאַחְרָיוּתָהּ.

and he is responsible for the loss.

טַעְמָא דְּרָצוּ,

The reason is that they wanted,

The steps (25)

  1. ProofEnd of the proof from a vineyard wall
  2. ProofConclusion: harm from being seen is not damage
  3. ChallengeMaybe מחיצה means division
  4. RejectionThe wording 'make a מחיצה' does not fit 'division'
  5. ChallengeBut 'the wall' does not fit 'partition' either
  6. Resolution'The wall' teaches that a real wall is needed
  7. ChallengeWhy say the wall goes in the middle?
  8. ResolutionThe partner who was talked into it
  9. ChallengeIs damage from seeing really not damage?
  10. ProofThe first challenge: the garden
  11. RejectionA garden is a special case
  12. ChallengeBut the משנה says 'and similarly'
  13. Resolution'Similarly' refers only to the building stones
  14. ProofProof from a courtyard wall that fell
  15. RejectionA fallen wall is different
  16. QuestionWhy would anyone bring that proof?
  17. ResponseThe fallen wall was mentioned for the last part of the rule
  18. ProofProof from building a gatehouse and door for the courtyard
  19. RejectionBeing seen by the public is different
  20. ProofProof from dividing a courtyard
  21. RejectionMaybe the division is just a see-through fence
  22. ProofProof from keeping a wall away from a neighbor's windows
  23. RejectionBeing seen inside a house is different
  24. ProofProof from a roof next to a neighbor's courtyard
  25. RejectionA roof is different because its use is not regular