POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 5
BAVA BASRA 3-5 - sponsored by Harav Ari Bergmann of Lawrence, N.Y.,
out of love for Torah and those who study it.
1) RAVINA AND RUNYA
(a) Ravina surrounded Runya on all four sides and asked for
compensation; Runya refused to share even the cost of a
reed fence or the savings of not having to guard his
field. One day Runya fenced his date trees; Ravina asked
his sharecropper to bring some of Runya's dates. Runya
2) IS ONE TRUSTED TO SAY THAT HE ALREADY PAID?
1. Ravina: You show that you want your trees guarded,
without a wall even goats could take the fruit!
(b) Version #1 (Rashi): Runya bought a field bordering on
Ravina's property; Ravina thought that he has first
rights to buy it, because of the law of Bar Metzra.
2. Runya: It suffices to scream at goats to stop them
3. Ravina: You would have to hire a guard to scream at
4. Rava (to Runya): Give Ravina enough to satisfy him -
if not, I will make you pay according to Rav Huna
according to R. Yosi.
(c) (Rav Safra): The law of Bar Metzra is on account of
"V'Asisa ha'Yashar v'Hatov b'Einei Hash-m" - Runya is
poor, it is proper to let him buy it.
(d) Version #2 (R. Tam): Runya bought a field bordering on
his field; it also bordered on three of Ravina's fields,
which made Ravina think that he has precedence to buy it.
(e) (Rav Safra): It is just as advantageous for Runya to buy
it as for you, therefore he keeps it.
(f) Version #3 (R. Avraham): Runya was Ravina's sharecropper;
he bought a field bordering on Ravina's property. Ravina
thought that he has first rights to buy it, because of
the law of Bar Metzra.
(g) (Rav Safra): Because he works your field, he is like one
who borders on the property, he keeps what he bought.
(a) (Mishnah): If the wall of a Chatzer fell, they must
rebuild it to four Amos.
1. We assume that both paid unless one can prove that
the other did not.
(b) If the wall was originally more than four Amos, neither
can force the other to rebuild it more than four Amos;
1. If Reuven built it more than four, and Shimon built
a wall near it (fitting to put a ceiling resting on
the two walls), even though he did not yet make the
ceiling, Shimon must share the entire cost of the
(c) (Gemara - Reish Lakish): If Levi fixed a time to pay his
debt to Yehudah, and claims that he paid within the time,
he is not believed;
2. We assume that Shimon did not pay for it unless he
can prove that he did.
1. We are happy if people pay on time, we do not
believe that he paid early!
(d) (Abaye and Rava): He is believed - sometimes a person
gets the money and is eager to pay lest he lose the
(e) (Mishnah): We assume that both sides paid for the wall
unless one can prove that the other did not.
(f) Question: What is the case?
1. If he says that he paid in the proper time -
obviously, we assume that he did!
(g) Answer: Rather, he says that he paid before he had to.
1. This teaches that a person does pay before the
(h) Rejection: This case is different, because he cannot wait
to pay - the payment is due for each row of bricks as it
(i) (Mishnah): We assume that Shimon did not pay for it
unless he can prove that he did.
(j) Question: What is the case?
1. If he says that he paid in the proper time - he
should be believed!
(k) Answer: Rather, he says that he paid before he had to.
1. This teaches that a person does not pay before the
(l) Rejection: This case is different, because he does not
think that he must pay, therefore he would not pay early.
(m) Rav Papa and Rav Huna brei d'Rav Yehoshua ruled in cases
according to Abaye and Rava;
(n) Mar bar Rav Ashi ruled according to Reish Lakish.
1. The Halachah follows Reish Lakish;
2. We even apply the Chazakah against orphans (if a man
died before the time to pay his debt, the lender
collects from the orphans without swearing).
i. Normally, one does not collect from orphans
without swearing - this is an exception, for
Chazakah says that a man does not pay before