(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Kama 81



(a) The Beraisa lists the ten conditions of Yishuv Eretz Yisrael that Yehoshua instituted. 'Mar'in be'Chorshin' means - that anyone is permitted to shepherd his animals in any forest in Eretz Yisrael, without the specific consent of the owner.

(b) He permitted the collection of wood from anybody's field, and grass from anywhere - for one's animals (See Gilyon ha'Shas).

(c) '*ve'Kotmin Neti'os* be'Chol Makom' means - that one is permitted to cut a twig, to plant or to graft into another tree.

(d) The one exception to the concession of ...

1. ... gathering grass is - from a field of fenugreek, because the grass supports the fenugreek plant.
2. ... cutting off a twig from a tree - is from an olive-tree trunk, which the owner deliberately leaves standing (after cutting it down) so that new twigs and branches will grow from it.
(a) Yehoshua also permitted taking water from a fresh fountain - and all the more so from an old established one.

(b) He permitted anyone to fish in the Sea of Teverya (Yam Kineret) - provided he did not stick pikes into the sea-bed, since these would disturb the boats sailing on the Sea.

(c) The Kineret is situated - in the tribe of Naftali.

(d) He also permitted relieving oneself behind a fence. This concession extends - as far as taking a clod of earth from the fence to clean oneself, and it pertains even to a field of Safran (spice).

(a) Yehoshua allows taking a short-cut via the paths belonging to private field-owners - until the second rains (on the seventeenth of Mar-Cheshvan, when the new produce begins to grow).

(b) He allows walking on the side of the road (on the verge of the adjoining fields), even when the produce there has fully grown - because of the indentations of human and animal footprints in the muddy soil in the winter, which would dry in the summer, turning them into numerous pits in the street, making walking quite difficult at times.

(c) He permits someone who is lost in the vineyards - to snap branches (which impede his progress through the vineyard) off the vines and to clamber over them and under them until he finds his way out of the vineyard.

(d) Yehoshua's final institution is that a Meis Mitzvah (who has no-one to bury him, acquires his place (meaning that he must be buried where he is (and may not be moved to another burial plot) even against the wishes of the owner of the land.

4) One is only permitted to shepherd a small animal in a large forest, says Rav Papa - but no other combination is permitted.


(a) The institution permitting collecting wood from anyone's trees has three qualifications. It is confined to shrubbery.

(b) Even that is forbidden however - if the wood is detached (a sign that the owner intents to use it).

(c) And even helping oneself to wood from attached bushes is forbidden - if it is dry.

(d) Even if the bushes are wet - one may not remove their roots.

(a) Despite the fact that grass (the Tana actually uses the word 'Tzemachim' [plants]) and fenugreek that grow together are Kil'ayim, the Mishnah in Kil'ayim does not obligate the owner to pull out the 'grass' (like it does regarding most other cases of Kil'ayim) - because, seeing as it is bad for the fenugreek, the owner is going to have to get rid of it anyway (in which case, there is no point in forcing him to do so).

(b) Rav Yirmiyah reconciles the current Beraisa, which considers grass good for the fenugreek plant, as we explained, with the Mishnah in Kil'ayim - by establishing the former, by where the owner intends to eat the stalks (which the grass helps support), and the latter, when he intends to eat the seeds (with which the grass will become entangled).

(c) A second answer differentiates between whether he planted the fenugreek for humans or for animals. In the latter case, the grass is useful, because the animal will eat it too, whereas in the former, the grass is bad for the plant on the one hand (as we just explained), neither does not intend to eat it, on the other.

(d) The interested party will know whether the owner planted it for human consumption or for the consumption of animals, Rav Papa explains - by the way the fenugreek is planted, by whether it is planted in rows (something that one only does if the fenugreek has been planted for humans), or not.

(a) Rav Tanchum and Rav B'rais explain that one may only take a twig from an olive-tree from the height of a 'k'Beitzah' and upwards. In the case of canes and vines, one is permitted to take - from the first knot on the trunk.

(b) As far as other trees is concerned, one may take from 'Eivo ve'Lo me'Chudo'. This might mean literally from its fruit', figuratively, from its thinner branches (but not from the fat ones). It might also mean - from a part of the tree where there are many branches, but not from its middle, main branch.

(c) In addition, the concession is confined to new branches, which do not yet produce fruit. And thirdly - one is only permitted to take from a place which does not face the sun (because that is where the fruit is the sweetest.

(d) We derive this from the Pasuk - "u'mi'Meged Tevu'os Shamesh".




(a) Rabah bar Rav Huna rules that although one is permitted to drink water from a fresh fountain, he is obligatesd to pay the owner - but the Halachah is not like him.

(b) We learn from the Pasuk in ve'Zos ha'Berachah "Yam ve'Darom Yerashah" - that Naftali inherited the Sea of Teveryah, plus an area on its south bank, to spread their fishing-nets.

(c) Rebbi Shimon ben Elazar says in a Beraisa ...

1. ... that whatever is detached on the mountains - is public property and belongs to whoever takes it (like the rest of the war spoils of the conquest of Cana'an).
2. ... that every tribe received mountainous country, lowlands, flat countryside and valleys in their portion of land.
(d) He learns this from the Pasuk in Devarim "P'nu u'Se'u Lachem ... u'Vo'u Har ha'Emori (ve'El Kol Shecheinav) ba'Aravah, ba'Har, u'va'Shefeilah u'va'Negev u've'Chof ha'Yam" (though it is not then clear why Rebbi Shimon ben Elazar omits Aravah [forest-land] from his list, nor how he explains "u've'Chof ha'Yam" in this context). From "ve'El Kol Shecheinav" he learns - that this extended from the Emori to all the seven nations.
(a) We already quoted Rav Acha bar Ya'akov's Chidush, that the concession to relieve oneself behind a fence, incorporates taking a clod of earth from the fence. Rav Chisda adds - that it is even permitted to do so on Shabbos (although it is Muktzah).

(b) Mar Zutra the Chasid ...

1. ... after making use of Rav Acha bar Ya'akov's concession - would replace the clod of earth (on a weekday) ...
2. ... and instruct his Shamash to cement it in place.
(c) We learned that Yehoshua only permitted taking a short cut through someone's field until the second rains - because walking in the field after the second rains, by which time the crops had already begun to grow, could damage the crops.

(d) Rav Papa declared that the fields of Bavel were subject to damage even after the morning dew had fallen (in which case Yehoshua's concession should no longer apply from the moment the seeds have been planted).

(a) When, after Shmuel began walking along the borders of private fields bordering the street (in order to avoid the ditches, as we explained earlier), Rav Yehudah asked him whether Yehoshua's Takanos applied in Bavel, too, he replied 'Afilu be'Chutz la'Aretz' - meaning that if they applied even in other countries, where the Yishuv was relatively small, then they would certainly apply in Bavel, where caravans were constantly bringing in visitors.

(b) Rebbi Yehudah ben Kenusa attracted the attention of Rebbi - by jumping from one 'peg' (level ground) to another (over the ditches that we described earlier), instead of availing himself of Yehoshua's Takanah and going to the sides of the street.

(c) Rebbi considered 'cutting his thighs with metal thongs' - another way of saying that he would place him in Niduy (Cherem), because his actions appeared to be the height of conceit.

(d) Rebbi Chiya defended his Talmid however, saving him from an undeserved punishment - by informing Rebbi that everything that he did was le'Shem Shamayim (for the sake of Hashem).

(a) Having taught us that Reuven is allowed to extricate Shimon from the vineyard by cutting away the branches of the vines, the Tana nevertheless needs to add that Shimon may do the same for himself - because whereas Reuven knows where he is leading Shimon, Shimon himself does not know where he is going. Consequently, we would have thought that he has no right to cut away branches from Levi's vines.

(b) We learn from the Pasuk in "Va'hasheivoso Lo" - that it is a Mitzvah to return a lost person (just as it is a Mitzvah to return his property).

(c) Nevertheless, the Tana finds it necessary to teach us the entire Halachah - because we would otherwise have thought that it is only permitted to take him round the vineyard, but not to cut away branches from the vines.

(a) The last of Yehoshua's Takanos is 'Meis Mitzvah Koneh Mekomo'. The Beraisa rules - that someone who finds a corpse lying on the main road should move him to the right or to the left of the street.

(b) In the event that the main road is flanked by ...

1. ... a fallow field on one side and a plowed field on the other - he moves him to the fallow field.
2. ... two fallow fields, two plowed fields or two sown fields - he moves him to whichever one he chooses.
(c) Rav Bibi reconciles this Beraisa with Yehoshua's Takanah 'Meis Mitzvah Koneh Mekomo' (in which case, the finder is obligated to bury him on the exact spot where he finds him) - by pointing out that this Beraisa speaks when he finds the Meis lying across the width of the street. Consequently, he is forced to move him (to prevent people who are particular about Taharos from becoming Tamei [perhaps without even knowing it[). And once the Meis has to be moved anyway, he may be moved to wherever necessary.
(a) We explain the fact that there are not ten Takanos, but eleven - by ascribing the Takanah of 'Mehalchin bi'Shevilei ha'Reshus' to Shlomoh Hamelech, rather than to Ezra.

(b) The basis of this Takanah is - 'mi'Heyos Tov Al Tikri Ra' (If you can be good, don't allow yourself to be called bad [because it similar to 'Zeh Neheneh ve'Zeh Lo Chaser'] which we discussed in the second Perek).

(c) Having ascribed this Takanah to Shlomoh ha'Melech, we learn it from the Pasuk in Mishlei "Al Timna Tov mi'Be'alav, bi'Heyos le'Eil Yadecha La'asos".

(a) We ask why the Tana did not include various other Takanos in his list. For example, Rebbi Yehudah says - that when it is the season, one is permitted to place one's manure in the street for thirty days.

(b) And Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah says that if ...

1. ... Reuven's swarm of bees alights on a branch of Shimon's tree - Reuven is permitted to cut off the branch to save his bees (though he is obligated to pay for it).
2. ... Reuven who is carrying a barrel of wine, sees Shimon's barrel of honey split open and his honey begin to spill - he is obligated to pour out his wine and save Shimon's honey (though Shimon will later be obligated to reimburse him for his wine).
3. ... Shimon's donkey, which is laden with flax, drops dead, in front of Reuven, whose donkey is laden with wood - he is obligated to save Shimon's flax (and there too, Shimon will be obligated to pay him for his loss).
(c) All of the above cases have in common (besides the fact that they are all based on the fact that Reuven's article is worth less than Shimon's) is - the fact that they were instituted by Yehoshua bin Nun.

(d) Initially, we attempt to explain the fact that the Tana omits all of these cases - by stressing that they are the opinion of individuals (Rebbi Yehudah and Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah).

(a) Rebbi Avin Amar Rebbi Yochanan says that if Reuven's tree is close to Shimon's field or that is close to the border - he brings Bikurim from its fruit and even reads the relevant Parshah (despite the fact that he is obligated to move it away), because that is one of the conditions that Yehoshua inherited Eretz Yisrael to the people.

(b) We finally explain that the Tana of the Beraisa lists only ten Takanos, and not this final case (nor the other cases that we cited a little earlier) - by establishing the author as Rebbi Yehoshua ben Levi (but his opinion is not unanimous).

(c) Rav Gevihah from Bei Kasil specifically bears this out. According to him, it is Rebbi Tanchum and Rebbi Brais who introduce the Beraisa, and they in turn, quote a Zakein, whose name is - Rebbi Yehoshua ben Levi.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,