Bava Basra 59a

בבא בתרא נ״ט ע״א

Bava Batra 59a

Learn Bava Basra 59a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Neighbors' rights over gutters, drain pipes, ladders, windows and projections

Overview

The amud opens by testing the earlier explanations of our משנה, which says a gutter pipe (מזחילה) has a חזקה. Under the view that the field owner may build beneath the pipe, the גמרא asks what the gutter owner could object to. It answers that the gutter is built into his walls, and building underneath would weaken them. Next, רב יהודה quotes שמואל: if a roof pipe drains into a neighbor's courtyard, the courtyard owner can stop the roof owner from sealing it. רבי אושעיא and his father רבי חמא argue about this, and רבי ביסא, the grandfather, sides with רבי אושעיא. The גמרא then defines an Egyptian ladder as one with fewer than four rungs. It explains that the משנה defines the Egyptian window only so that רבי יהודה's disagreement with that definition makes sense. רבי זירא and רבי אילעא argue whether a neighbor can protest a window built above four אמות. The גמרא shows their argument is not about כופין על מדת סדום, and the ruling follows רבי אילעא. שמואל adds that a window made for light gets חזקה at any size. Finally, a new משנה begins about a projection (זיז) that sticks out at least a טפח, and it continues on the next amud.

Opening lines

The steps (17)

1. ChallengeHow does the gutter rule fit the 'he may build beneath it' explanation?
2. ResolutionA gutter built into the walls
3. StatementThe courtyard owner can stop the roof owner from sealing his pipe
4. StatementA dispute about whether the courtyard owner can stop the pipe from being sealed
5. Responseרבי ביסא rules that the courtyard owner can prevent it
6. StatementThree generations of scholars compared to a threefold cord
7. QuestionWhat is an Egyptian ladder?
8. ResponseAny ladder without four rungs
9. ChallengeWhy does the משנה define the window but not the ladder?
10. ResolutionThe window's definition sets up רבי יהודה's disagreement
11. Statementרבי זירא: a window's height decides חזקה and protest
12. Statementרבי אילעא: the neighbor can protest even above four אמות
13. QuestionIs the dispute about forcing someone not to act like סדום?
14. RejectionNo: everyone forces, but here the neighbor really loses something
15. ConclusionA real case is ruled like רבי אילעא
16. Statementשמואל: a window made for light gets חזקה at any size
17. StatementNew משנה: a projection of a טפח or more has חזקה