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Bava Basra 59

BAVA BASRA 59 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as Hashem.' Dedicated by her son.

1) [line 4] MAZCHEILAH SHEL BINYAN - a drainage gutter made out of stone
2) [line 5] LO NICHA LI D'SISRA ASHISAI - I do not want my Mazcheilah (lit. my wall) to be ruined. (If the owner of the courtyard builds under it, the noise and vibrations caused by the metal tools that he uses will crack the Mazcheilah and make it fall to pieces)

3) [line 6] TZINOR - a pipe [for waste water that is still fit for animals to drink]
4) [line 6] HA'MEKALE'ACH MAYIM - that is pouring water
5) [line 9] L'MISHDA BEI MAYA - to have water pour into it (lit. to throw water into it)

6) [line 10] MAYA D'IGRACH - the water [that flows off] of your roof
7) [line 13] "VEHA'CHUT HA'MESHULASH LO VIM'HERAH YINASEK." - "The three-ply cord will not quickly be broken." (Koheles 4:12)

8) [line 17] CHAVAKIN - rungs

(a) Midas Sedom means not wanting others to benefit from one's possessions even when it will not cause the owner any loss. (The expression originates with the people of the town of Sedom. Sedom had a most plentiful, fertile land that incurred no loss when others came to benefit from it, however, they let no outsiders benefit from their land, even enacting laws and inflicting bodily torture to keep strangers away.)
(b) Our Gemara concludes that it is agreed by all that Beis Din may force a person to desist from acting according to Midas Sedom when he prevents his fellow man from benefiting from his possessions where he incurs no loss.

10) [line 27] ZIMNIN - [there may be] times
11) [line 27] D'MOSVAS SHARSHIFA TUSECH - that you set down a bench under you
12) [line 28] V'KAIMAS V'KA CHAZIS - and you stand [on it] and you will see [the goings-on in my courtyard]

13) [last line] ZIZ - a small wooden protrusion or the end of a beam that juts out from a wall, which people use for hanging things (it is accessible to the owner of the courtyard or to the owner of the roof, the edge of which rests on the wall)

14) [last line] AD TEFACH - from the top


15) [line 5] ROCHAV TEFACH B'MESHECH ARBA - [a protruding Ziz] the width of one Tefach [running along the wall] for a distance of four Tefachim

16) [line 11] HEIZEK RE'IYAH - damage that a person causes to another person's property by gazing [such as loss of privacy] (HEIZEK RE'IYAH)
(a) The Amora'im at the beginning of our Maseches (Daf 2b) argue whether or not a person can legally prevent another person from gazing into the first person's property. Those who maintain that there is such a legal claim ("Heizek Re'iyah Shemei Heizek") claim that the invasion of privacy caused by such gazing is tantamount to physical damage, since it prevents the owner from using the property freely. Therefore, an owner of a courtyard that neighbors on another person's courtyard (such as two partners who end their partnership and divide their joint property into two halves, or two brothers who inherit a field from their father and split it into two halves) can force his neighbor to assist in the expenses of building a wall to prevent them from seeing into each other's property. The other opinion maintains that one has no such legal claim, since the damage is not physically felt, and therefore the neighbor who desires privacy cannot force his neighbor to join in the expenses of building the wall.
(b) Other damages caused by gazing which fit into the category of "Heizek Re'iyah" include gazing at another person's produce and becoming jealous of it, thereby giving it an "Ayin ha'Ra" by subconsciously wishing that his neighbor's produce had not fared so well.
(c) The Poskim rule that Heizek Re'iyah Shemei Heizek (RAMBAM Hilchos Shecheinim 2:14, TUR and SHULCHAN ARUCH CM 157:1).

17) [line 13] L'TASHMISHTA LO CHAZI - it is not fit for use [to me to stand on, for example, since it is too small]

18) [line 14] L'MITLA BEI MIDI - to hang small things on it
19) [line 14] MEHADRANA APAI - I will turn aside my face [and there will not be any instance of Heizek Re'iyah]

20) [line 15] ZIMNIN D'VE'ISAS - sometimes you may be in fear [of falling off of your roof]

21) [line 16] CHATZAR HA'SHUTAFIN - a courtyard that belongs to partners, i.e. the people who live in the houses surrounding the courtyard

22) [line 18] ALIYAH - an attic room; loft (the Gemara -- Daf 60a -- concludes that the person only constructed a loft without adding to his building, i.e. he divided the height of his apartment in order to construct the loft)

23) [line 19] BONEH ES HA'CHEDER - he builds a room in his house (the Gemara -- Daf 60a -- concludes that the person built an additional room without adding to his building, i.e. he built a dividing wall for the width of his apartment in order to create another room)

24) [line 24] HA KA BA'IS ITZTANUEI MINAI BE'CHATZER - anyway you needed to act modestly before me (lit. to hide yourself from me) in the courtyard

25) [line 26] AD HA'IDNA - until now

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