Bava Metzia 108b

בבא מציעא ק״ח ע״ב

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Topic

The limits of דינא דבר מצרא, the bordering neighbor's right of first purchase: the cases it does not cover, the order of priority among buyers, and who counts as a bordering neighbor.

Overview

This amud is about דינא דבר מצרא, the right of a bordering neighbor to buy a field before an outsider. It opens by finishing an earlier case: a buyer who buys a plain plot in the middle of someone's land is using a trick to get around this right. Then the גמרא lists cases the right does not cover. These include a gift (unless it comes with an אחריות guarantee, says אמימר), selling all one's property to one buyer, selling back to the original owners, buying from or selling to a גוי, and selling a משכנתא to the lender who holds it. They also include trading a field up for a closer or better one, urgent sales for taxes, food support or burial, and sales to a woman, orphans or partners. A Jew who sells to a גוי is put in שמתא until he accepts responsibility for any harm the גוי causes the neighbor. Next comes an order of priority: city-side neighbors before field-side neighbors, and a תלמיד חכם before a שכן or a קרוב. A שכן comes before a קרוב, based on a פסוק in משלי. The neighbor's right also gives way to better or readier money and to a buyer who will build homes. We wait for a neighbor who must fetch money only if he is known to be well-off. Last, the גמרא covers split ownership of land and houses or trees, barriers between fields, and four neighbors with equal rights.

Opening lines

The steps (23)

1. ConclusionClosing the earlier case: if the field has nothing special about it, the buyer is using a trick
2. StatementA gift is not subject to the neighbor's right
3. Statementאמימר: a gift with a guarantee does fall under the neighbor's right
4. StatementMore cases outside the neighbor's right
5. ResponseWhy buying from a גוי is allowed: 'I chased a lion away from your border'
6. ResponseWhy selling to a גוי is outside the rule: a גוי is not bound by ועשית הישר והטוב
7. StatementThe Jewish seller is put in שמתא until he takes responsibility for any harm
8. StatementSelling a mortgaged field to the one holding it
9. ProofThe meaning of the word mortgage supports the rule
10. StatementSelling one field to buy a closer or better one
11. StatementSelling to pay taxes, support or burial
12. ProofThe חכמים of נהרדעא: these sales need no announcement
13. StatementSelling to a woman, orphans or partners
14. StatementCity-side neighbors come before field-side neighbors
15. StatementA תלמיד חכם comes before a שכן or a קרוב
16. QuestionNeighbor or relative: who comes first?
17. ResponseA near neighbor is better than a far brother
18. StatementBetter or readier money beats the neighbor's right
19. StatementWhen do we wait for the neighbor to bring money?
20. StatementLand owner versus owner of houses or palm trees
21. StatementBuilding homes beats farming
22. StatementA barrier between the fields
23. StatementFour neighbors around one field