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Bava Kama 81


(a) The Beraisa lists the ten conditions of Yishuv Eretz Yisrael that Yehoshua instituted.
What does 'Mar'in be'Chorshin' mean?

(b) He permitted the collection of wood from anybody's field, and grass from anywhere.
What was the grass used for (see Gilyon ha'Shas)?

(c) 've'Kotmin Neti'os be'Chol Makom'.
What does 'Kotmin Neti'os' mean?

(d) What is the one exception to the concession of ...

  1. ... gathering grass?
  2. ... cutting off a twig from a tree?
(a) Yehoshua also permitted taking water from a fresh fountain.
How about an old established one?

(b) On what condition did he permit anyone to fish in the Sea of Teverya (the Yam Kineret)?

(c) In whose tribe is the Kineret situated?

(d) He also permitted relieving oneself behind a fence.
How far does this concession extend? To what sort of field does it pertain?

(a) Until when in the year does Yehoshua allow taking a short-cut via the paths belonging to private field-owners?

(b) On what grounds does he allow walking on the side of the road (on the verge of the adjoining fields), even when the produce there has fully grown?

(c) What does he permit someone who is lost in the vineyards to do?

(d) What is Yehoshua's final institution?

4) What kind of animal may one shepherd in what kind of forest?


(a) The institution permitting collecting wood from anyone's trees has three qualifications.
To which kind of wood is it confined?

(b) When can one not even collect that?

(c) And when is it even forbidden to help oneself to wood from attached bushes?

(d) What may one not do even if the bushes are wet?

(a) Considering that grass (the Tana actually uses the word 'Tzemachim' [plants]) and fenugreek that grow together are Kil'ayim, why does the Mishnah in Kil'ayim not obligate the owner to pull out the 'grass' (like it does regarding most other cases of Kil'ayim)?

(b) How does Rav Yirmiyah reconcile the current Beraisa, which considers grass good for the fenugreek plant, as we explained, with the Mishnah in Kil'ayim?

(c) A second answer differentiates between whether he planted the fenugreek for humans or for animals.
How will this resolve the contradiction?

(d) How will the interested party know whether the owner planted it for human consumption or for the consumption of animals?

(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.
From how high up on the tree is one permitted to take from canes and vines?

(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).
What else might it mean?

(c) In addition, the concession is confined to new branches, which do not yet produce fruit.
What third condition must be fulfilled, before one may take a twig from a fruit-tree?

(d) From which Pasuk in ve'Zos ha'Berachah do we derive this?

Answers to questions



(a) Rabah bar Rav Huna rules that although one is permitted to drink water from a fresh fountain, he is obligated to pay the owner.
Is the Halachah like him?

(b) What do we learn from the Pasuk in ve'Zos ha'Berachah "Yam ve'Darom Yerashah"? What does "Yam" mean?

(c) What does Rebbi Shimon ben Elazar say in a Beraisa ...

  1. ... about whatever is detached on the mountains?
  2. ... with regard to mountainous country, the lowlands, the flat countryside and the valleys?
(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).
What does he learn from "ve'El Kol Shecheinav"?
(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.
What does Rav Chisda add to this concession?

(b) What would Mar Zutra the Chasid ...

  1. ... do after making use of Rav Acha bar Ya'akov's concession?
  2. ... then instruct his Shamash to do?
(c) We learned that Yehoshua only permitted taking a short cut through someone's field until the second rains.
Why is that?

(d) What did Rav Papa declare about the fields of Bavel?

(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'.
What did he mean by that?

(b) What did Rebbi Yehudah ben Kenusa do to attract the attention of Rebbi?
Who was Rebbi Yehudah ben Kenusa?

(c) On what basis did Rebbi consider 'cutting his thighs with metal thongs'?
What did he mean by that?

(d) How did Rebbi Chiya defend his Talmid and save him from an undeserved punishment?

(a) Having taught us that Reuven is allowed to extricate Shimon from the vineyard by cutting away the branches of the vines, why does the Tana need to add that Shimon may do the same for himself?

(b) What do we learn from the Pasuk in Ki Seitzei "Va'hasheivoso Lo"?

(c) In that case, why does the Tana find it necessary to teach us the entire Halachah?

(a) The last of Yehoshua's Takanos is 'Meis Mitzvah Koneh Mekomo'. What does the Beraisa rule in a case where a corpse is found lying on the main road?

(b) And what should he do in the event that the main road is flanked by ...

  1. ... a fallow field on one side and a plowed field on the other?
  2. ... two fallow fields, two plowed fields or two sown fields?
(c) How does Rav Bibi reconcile 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)?
(a) How do we explain the fact that there are not ten Takanos, but eleven?
What do we conclude with regard to 'Mehalchin bi'Shevilei ha'Reshus'?

(b) What is really the basis of this Takanah?

(c) Having ascribed this Takanah to Shlomoh ha'Melech, from which Pasuk in Mishlei do we learn it?

(a) We ask why the Tana did not include various other Takanos in his list.
What, for example, does Rebbi Yehudah say about placing one's manure in the street in its season?

(b) And what does Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah say about a case where ...

  1. ... Reuven's swarm of bees alights on a branch of Shimon's tree?
  2. ... Reuven who is carrying a barrel of wine, sees Shimon's barrel of honey split open and his honey begin to spill?
  3. ... Shimon's donkey, which is laden with flax, drops dead, in front of Reuven, whose donkey is laden with wood?
(c) What do 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)?

(d) Then how do we initially attempt to explain the fact that the Tana omits all of these cases?

(a) What does Rebbi Avin Amar Rebbi Yochanan say about Reuven's tree that is close to Shimon's field or that is close to the border?

(b) How do we finally explain why the Tana of the Beraisa lists only ten Takanos, and not this final case (nor the other cases that we just cited)?

(c) Rav Gevihah from Bei Kasil specifically bears this out. According to him, it is Rebbi Tanchum and Rebbi Brais who introduce the Beraisa.
Whom do they quote?

Answers to questions

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