Bava Batra

Bava Batra, Chapter 1, Mishnah 1

Bava Batra, Chapter One, Mishnah One   Introduction The first mishnah of Bava Batra deal with neighbors who share a courtyard.  The mishnah is concerned with the building of a wall to separate the neighbors and with the ability of one neighbor to force the other neighbor to share the costs of building the wall. […]

Bava Batra, Chapter 1, Mishnah 2

Bava Batra, Chapter One, Mishnah Two   Introduction Mishnah two is a continuation of mishnah one.  It continues to discuss the procedures for building a wall to separate property.   Mishnah Two 1)                     The same is true with a garden:  in a place where the custom is to build a fence, they can obligate him […]

Bava Batra, Chapter 1, Mishnah 3

Bava Batra, Chapter One, Mishnah Three   Introduction Mishnah three discusses a person who builds a fence partially around another person’s property and wishes that person to share in the costs of the fence.     Mishnah Three 1)                     If a man’s land surrounded his fellow’s land on three sides, and he fenced it on […]

Bava Batra, Chapter 1, Mishnah 4

Bava Batra, Chapter One, Mishnah Four   Introduction Mishnah four continues to discuss a wall built in a courtyard owned by two partners, a topic that began in the first mishnah of the chapter.   Mishnah Four 1)                     If the wall of a courtyard fell down they obligate each of the partners to help in […]

Bava Batra, Chapter 1, Mishnah 5

Bava Batra, Chapter One, Mishnah Five   Introduction Mishnah five deals with the obligation of a person who shares a courtyard with another to help in building certain parts of the courtyard.  The second half of the mishnah deals with the obligations that residents of a town have to participate in the costs of building […]

Bava Batra, Chapter 1, Mishnah 6

Bava Batra, Chapter One, Mishnah Six   Introduction Mishnah six returns to discuss a subject which began in mishnah one.  There we learned the laws of building walls in shared courtyards, gardens and valleys.  Mishnah six discusses which jointly-owned properties can be split into two parts.    Mishnah Six 1)                     They do not divide a […]

Bava Batra, Chapter 10, Mishnah 1

Bava Batra, Chapter Ten, Mishnah One   Introduction The tenth chapter of Bava Batra deals with laws concerning the proper writing and execution of documents.   Mishnah One 1)                     A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. 2)                     If in a simple […]

Bava Batra, Chapter 10, Mishnah 2

Bava Batra, Chapter Ten, Mishnah Two   Introduction Mishnah two mostly discusses discrepancies within a debt document.   Mishnah Two 1)                     A simple document requires two witnesses; a sewn document requires three. a)                                           If a simple document has only one witness, or a sewn document has only two, they are both invalid. 2)                     If it […]

Bava Batra, Chapter 10, Mishnah 3

Bava Batra, Chapter Ten, Mishnah Three   Introduction Mishnah three discusses the consent needed from the involved parties in order to write a document.   Mishnah Three 1)                     They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has […]

Bava Batra, Chapter 10, Mishnah 4

Bava Batra, Chapter Ten, Mishnah Four   Introduction Mishnah four continues to discuss the consent needed from the involved parties in order to write a document.   Mishnah Four 1)                     They may not write documents of betrothal or marriage except with the consent of both parties. a)                                           And the bridegroom pays the (scribe’s) fee. 2)                     […]

Bava Batra, Chapter 10, Mishnah 5

Bava Batra, Chapter Ten, Mishnah Five   Introduction Mishnah five deals with laws concerning paying back debts.   Mishnah Five 1)                     If a man had paid part of his debt and gave the debt document to a third party, and the debtor said to him, “If I have not paid you back by such and […]

Bava Batra, Chapter 10, Mishnah 6

Bava Batra, Chapter Ten, Mishnah Six   Introduction Mishnah six discusses a loan document that has been erased and one that has been partially repaid.   Mishnah Six 1)                     If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: […]

Bava Batra, Chapter 10, Mishnah 7

Bava Batra Chapter Ten Mishnah Seven   Introduction Mishnah seven deals with various subjects such as brothers who share an inheritance and the recognition of documents in a case where two people in a city have the same.  The final section of the mishnah deals with loan guarantors.   Mishnah Seven 1)                     If there were […]

Bava Batra, Chapter 10, Mishnah 8

Bava Batra Chapter Ten Mishnah Eight   Introduction Mishnah eight, the final mishnah of Bava Batra, deals with a creditor’s ability to recover his debt if the debtor is not able to pay back the loan himself.   Mishnah Eight 1)                     If a man lent his fellow money by using a document, he may recover […]

Bava Batra, Chapter 2, Mishnah 1

Bava Batra, Chapter Two, Mishnah One   Introduction Most of the second chapter of Bava Batra deals with the obligations to distance damaging things from another person’s property.  Mishnah one deals with distancing things from a person’s wall lest they damage the wall.   Mishnah One 1)                     One may not dig a cistern near his […]

Bava Batra, Chapter 2, Mishnah 10

Bava Batra, Chapter Two, Mishnah Ten   Introduction Mishnah ten deals with distancing foul-smelling things from foods which might be ruined due to the smell.   Mishnah Ten 1)                     A pool for soaking flax must be distanced from vegetables, and leeks from onions, and mustard plant from bees.  a)                                           Rabbi Yose permits mustard plant.     […]

Bava Batra, Chapter 2, Mishnah 11

Bava Batra, Chapter Two, Mishnah Eleven   Introduction Mishnah eleven deals with distancing trees from cisterns lest the roots break the underground walls of the cisterns.   Mishnah Eleven 1)                     A tree may not be grown within twenty five cubits of a cistern, or within fifty cubits if it is a carob or a sycamore, […]

Bava Batra, Chapter 2, Mishnah 12

Bava Batra, Chapter Two, Mishnah Twelve   Introduction Mishnah twelve deals with distancing trees from the another person’s fields.   Mishnah Twelve 1)                     A person may not plant a tree near another’s field unless it is four cubits away, no matter whether it be a vine or any other kind of tree. a)                                           If there […]

Bava Batra, Chapter 2, Mishnah 13

Bava Batra, Chapter Two, Mishnah Thirteen   Introduction We learned yesterday in mishnah twelve that if another person’s trees encroach on one’s property one may cut out the roots, up to a certain depth.  In mishnah thirteen we learn that if another person’s branches encroach on one’s property they may also be removed.   Mishnah […]

Bava Batra, Chapter 2, Mishnah 14

Bava Batra, Chapter Two, Mishnah Fourteen   Introduction In mishnah fourteen we learn that if the branches of a tree encroach on the public domain, they too may be cut down.   Mishnah Fourteen 1)                     If a tree stretches into the public domain enough must be cut away to allow a camel and its rider […]

Bava Batra, Chapter 2, Mishnah 2

Bava Batra, Chapter Two, Mishnah Two   Introduction Mishnah two deals with placing an oven or other cooking device in a house in a fashion that will not cause damage to the house.   Mishnah Two 1)                     One may not set up an oven inside a house unless there is a space of four cubits […]

Bava Batra, Chapter 2, Mishnah 3

Bava Batra, Chapter Two, Mishnah Three   Introduction Mishnah three discusses types of professions or businesses that a person can or cannot have in his home or near his home lest they disturb his neighbor.   Mishnah Three 1)                     One may not open a bakery or a dyer’s shop under his fellow’s storehouse, nor a […]

Bava Batra, Chapter 2, Mishnah 4

Bava Batra, Chapter Two, Mishnah Four   Introduction Mishnah four discusses how far a person must distance his wall from his neighbor’s walls. Mishnah Four 1)                     If one’s wall was adjacent to his friend’s wall he may not build another wall adjoining it unless it is at a distance of four cubits. 2)                     And [if […]

Bava Batra, Chapter 2, Mishnah 5

Bava Batra, Chapter Two, Mishnah Five   Introduction The mishnah which we will learn today deals with rules regarding a dovecote.  A dovecote is a structure used to house pigeons.  In the time of the mishnah pigeons were used for food, sacrifices and as messengers.   Mishnah Five 1)                     A person’s ladder must not be […]

Bava Batra, Chapter 2, Mishnah 6

Bava Batra, Chapter Two, Mishnah Six   Introduction Today’s mishnah continues to deal with dovecotes.   Mishnah Six 1)                     If a young pigeon is found within fifty cubits it belongs to the owner of the dovecote; but if it is found beyond fifty cubits it belongs to he finds it. a)                                           If it is found […]

Bava Batra, Chapter 2, Mishnah 7

Bava Batra, Chapter Two, Mishnah Seven   Introduction Mishnah seven deals with distancing trees from the city.  In modern times we think of trees as beautifying a city.  However, in ancient times trees were not commonly found inside the city itself.  Furthermore, it was considered aesthetic for there to be empty fields surrounding the city. […]

Bava Batra, Chapter 2, Mishnah 8

Bava Batra, Chapter Two, Mishnah Eight   Introduction Mishnah eight deals with distancing a threshing floor from the city.  A threshing floor was the place where farmers would bring their harvested wheat in order to separate the kernels of wheat from the chaff.  A threshing floor would produce much waste, as the chaff is thrown […]

Bava Batra, Chapter 2, Mishnah 9

Bava Batra, Chapter Two, Mishnah Nine   Introduction Mishnah nine deals with distancing foul-smelling things from a town.   Mishnah Nine 1)                     Animal carcasses, graves and tanneries must be distanced fifty cubits from a town. a)                                           A tannery may be set up only to the east of a town. b)                                          Rabbi Akiva says:  “It may […]

Bava Batra, Chapter 3, Mishnah 1

Bava Batra, Chapter Three, Mishnah One   Introduction In order to understand our mishnah and the remaining mishnayoth of the chapter we will need to explain how one can demonstrate ownership over a piece of land by “possession”.  In general in Jewish law there is an assumption of ownership to the one who possesses a […]

Bava Batra, Chapter 3, Mishnah 2

Bava Batra, Chapter Three Mishnah Two   Introduction Our mishnah divides the land of Israel into three distinct parts.  As we shall see, this division is important for the rules of chazakah, which we began to learn in mishnah one of this chapter.    Mishnah Two 1)                     There are three regions with regards to possession:  […]

Bava Batra, Chapter 3, Mishnah 3

Bava Batra, Chapter Three, Mishnah Three   Introduction In the previous two mishnayoth we began to learn the laws of establishing ownership through possession.  In mishnah three we learn what a “possessor” must say to the other person who claims ownership, in order for the “possessor” to establish ownership through possession.  We also learn in […]

Bava Batra, Chapter 3, Mishnah 4

Bava Batra, Chapter Three, Mishnah Four   Introduction In mishnah four we learn the consequences of falsely testifying with regards to possession for three years.   Mishnah Four 1)                     If two testify that he has had the use [of property] during three years and they are found to be false witnesses, they must make full […]

Bava Batra, Chapter 3, Mishnah 5

Bava Batra, Chapter Three, Mishnah Five   Introduction The mishnah which we will learn today continue to deal with establishing ownership by possession (chazakah), the subject of the entire third chapter.  Our mishnah teach the types of activities which if done for three consecutive years without the protest of the owner of the land, house […]

Bava Batra, Chapter 3, Mishnah 6

Bava Batra, Chapter Three, Mishnah Six   Introduction Mishnah six continues to discuss what types of activities can create chazakah.   Mishnah Six 1)                     A gutter spout cannot cause title through possession [so that the spout may still be moved] but title through possession may be claimed to its place [so that the place must […]

Bava Batra, Chapter 3, Mishnah 7

Bava Batra, Chapter Three, Mishnah Seven   Introduction Mishnayoth seven discusses things a person builds on his property that might damage other people’s property in an indirect manner.  Specifically it deals with a person building a window or door which would allow him to see into another’s property. This and the following mishnah are not […]

Bava Batra, Chapter 3, Mishnah 8

Bava Batra, Chapter Three Mishnah Eight   Introduction Mishnah eight deals with permitted and not permitted damages that an individual might create to the public domain.   Mishnah Eight 1)                     One may not hollow out a space underneath the public domain [such as] cisterns, trenches or caves. a)                                           Rabbi Eliezer permits it if it is […]

Bava Batra, Chapter 4, Mishnah 1

Bava Batra, Chapter Four, Mishnah One   Introduction Chapter four of Bava Batra deals with the laws of sale, and specifically with the question which things are included in the sale of a particular item. Mishnah one begins to discuss the laws of selling a house:  when a house is sold what things are sold […]

Bava Batra, Chapter 4, Mishnah 2

Bava Batra, Chapter Four, Mishnah Two   Introduction Mishnah two continues to deal with the question which the mishnah began to deal with in mishnah one, when a house is sold what things are sold with and as part of the house?   Mishnah Two 1)                     Nor [has he sold] the cistern or the cellar, […]

Bava Batra, Chapter 4, Mishnah 3

Bava Batra, Chapter Four, Mishnah Three   Introduction Mishnah three continues to discuss what parts of the house are sold with a house when the house is sold without specification as to what is being sold.  Mishnah four discusses what parts of a courtyard are sold, also when specification is lacking.   Mishnah Three 1)                     […]

Bava Batra, Chapter 4, Mishnah 4

Bava Batra, Chapter Four, Mishnah Four   Introduction Mishnah four discusses what parts of a courtyard are sold when specification is lacking.   Mishnah Four 1)                     If a man sold a courtyard, he has also sold its houses, cisterns, trenches and caves, but not the movable property. a)                                           But if he had said:  “It and […]

Bava Batra, Chapter 4, Mishnah 5

Bava Batra, Chapter Four, Mishnah Five   Introduction The mishnah which we will learn today continues to discuss which things are included in certain sales.   Mishnah Five 1)                     If a man sold an olive press he has sold also the vat, the grindstone, and the posts, but he has not sold the pressing-boards, the […]

Bava Batra, Chapter 4, Mishnah 6

Bava Batra, Chapter Four, Mishnah Six   Introduction Mishnah five discusses what is sold with an olive press and mishnah six discusses what is sold with a bath house.   Mishnah Six 1)                     If a man sold a bath house, he has not sold the planks or the benches or the curtains. a)                                           But if […]

Bava Batra, Chapter 4, Mishnah 7

Bava Batra, Chapter Four, Mishnah Seven   Introduction Mishnah seven discusses what is sold as part of a town, if one should sell the town without specifying what is included in the sale.   Mishnah Seven 1)                     If a man sold a town, he has also sold the houses, cisterns, trenches, caves, bath houses, dovecotes, […]

Bava Batra, Chapter 4, Mishnah 8

Bava Batra, Chapter Four, Mishnah Eight   Introduction Mishnah eight discusses what is sold as part of a field.   Mishnah Eight 1)                     If a man sold a field he has also sold the stones that are necessary to it, and the canes in a vineyard that are necessary to it, and its unreaped crop, […]

Bava Batra, Chapter 4, Mishnah 9

Bava Batra Chapter Four Mishnah Nine   Introduction Mishnah nine continues the discussion began in mishnah eight, what is sold as part of the sale of a field.   Mishnah Nine 1)                     But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard […]

Bava Batra, Chapter 5, Mishnah 1

Bava Batra, Chapter Five, Mishnah One   Introduction Mishnah one deals with what is included in the sale of a boat, a wagon pulled by mules or oxen.   Mishnah One 1)                     If a man sold a ship, he has also sold the mast, the sail, the anchor, and all the means of steering it. […]

Bava Batra, Chapter 5, Mishnah 10

Bava Batra, Chapter Five, Mishnah Ten   Introduction Mishnah ten deals with the proper maintenance of weights and measures to ensure that the purchaser does not receive less than he bought.   Mishnah Ten  1)                     The wholesaler must clean out his measures once every thirty days and the householder once every twelve months. a)                                           Rabban […]

Bava Batra, Chapter 5, Mishnah 11

Bava Batra, Chapter Five, Mishnah Eleven   Introduction Mishnah eleven continues to deal with the weighing of produce.   Mishnah Eleven 1)                     Rabban Shimon ben Gamaliel said:  “When is this so (that one needs to clean out measures)?  With regards to liquid measures, but with regards to dry measures it is not necessary. 2)                     [And […]

Bava Batra, Chapter 5, Mishnah 2

Bava Batra, Chapter Five, Mishnah Two   Introduction Mishnah two deals with what is included in the sale of a donkey.   Mishnah Two 1)                     If a man sold a donkey he has not sold its trappings. a)                                           Nahuma of Madi says:  “He has sold its trappings.” b)                                          Rabbi Judah says:  “Sometimes they are sold […]

Bava Batra, Chapter 5, Mishnah 3

Bava Batra, Chapter Five, Mishnah Three   Introduction Mishnah three deals with what is included in the sale of various items such as donkeys, cows, and beehives.  Mishnah four deals with the a person who buys trees in another person’s field and whether or not the buyer has acquired the land on which the trees […]

Bava Batra, Chapter 5, Mishnah 4

Bava Batra, Chapter Five, Mishnah Four   Introduction Mishnah four deals with the a person who buys trees in another person’s field and whether or not the buyer has acquired the land on which the trees grow.    Mishnah Four 1)                     If a man bought two trees in his fellow’s field, he has not bought […]

Bava Batra, Chapter 5, Mishnah 5

Bava Batra, Chapter Five, Mishnah Five   Introduction Mishnah five deals with what is included in the sale of large and small animals.   Mishnah Five 1)                     He who has sold the head of a large animal, has not sold the feet. a)                                           If he sold the feet, he has not sold the head. b)                                          […]

Bava Batra, Chapter 5, Mishnah 6

Bava Batra, Chapter Five, Mishnah Six   Introduction Mishnah six begins to discuss certain ethical principles in the laws of selling and buying and their consequences on the validity of the sale.  This is a topic which will be discussed through the middle of chapter six.   Mishnah Six There are four rules with regards […]

Bava Batra, Chapter 5, Mishnah 7

Bava Batra, Chapter Five, Mishnah Seven   Introduction Mishnah seven defines the precise moment when a sale occurs and is therefore not retractable.   Mishnah Seven 1)                     If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. a)                                           If […]

Bava Batra, Chapter 5, Mishnah 8

Bava Batra, Chapter Five, Mishnah Eight   Introduction Mishnah eight continues to define the precise moment when a sale occurs.  The last section of the mishnah teaches the procedure for measuring out sold liquids.    Mishnah Eight 1)                     If a man sold wine or oil to his fellow, and its value rose or fell, if […]

Bava Batra, Chapter 5, Mishnah 9

Bava Batra, Chapter Five, Mishnah Nine   Introduction Mishnah nine deals with a father who sends his small child to buy oil from a shopkeeper and on the way home the son drops the flask of oil.   Mishnah Nine 1)                     If a man sent his child to a shopkeeper with a pondion (a coin) […]

Bava Batra, Chapter 6, Mishnah 1

Bava Batra, Chapter Six, Mishnah One   Introduction Mishnah one deals with a person who sells grain to another person and the seeds from that grain do not sprout when planted.   Mishnah One 1)                     If a man sold grain to his fellow [and after it was sown] it did not sprout, even if it […]

Bava Batra, Chapter 6, Mishnah 2

Bava Batra, Chapter Six, Mishnah Two   Introduction Mishnah two deals with a person who sells something to another person and some of the sold item is found not to be good.  In both of these mishnayoth the question asked is can the buyer demand his money back.   Mishnah Two 1)                     If a man […]

Bava Batra, Chapter 6, Mishnah 3

Bava Batra, Chapter Six, Mishnah Three Introduction Mishnah three discusses rules concerning the sale of wine. Mishnah Three 1)                     If a man sold wine to his fellow and it turned sour he is not responsible. a)                                           But if it was known [to the seller] that his wine would [soon] turn sour, this is a mistaken […]

Bava Batra, Chapter 6, Mishnah 4

Bava Batra, Chapter Six, Mishnah Four   Introduction Mishnah four discusses rules concerning the building of houses.   Mishnah Four 1)                     If a man sold his fellow a place to build him a house, so, too, if a man contracted with his fellow to build him a bridal-house for his son, or a widow’s house […]

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