Tuesday, September 8, 2009

Tuesday's Thoughts on the Daf - Bava Basra 18

On Bava Basra 18, the gemara continues a series of questions which were posed to Rava's position in relation to the use of property within close proximity of a neighboring property.

On Bava Basra 17b, Rava had stated that the laws preventing one from making use of his own property (when it was situated close to a property of another) applied even when the object which could potentially be damaged (usually a fence) was not yet present on the neighboring property. The gemara then began to question Rava by mentioning other beraisos in which neighbors were told not to perform certain acts near the border of their property - such as not planting, plowing or urinating near the border as it would damage the fence. The gemara then opined - since the beraisa mentioned a fence by name, it must only be where there is a fence that the activity is banned. However, where there is no existing fence, the activity would be permitted --thus contrary to Rava's position. The gemara then answered that the use of the fence in the example was only to teach that these activities (which cause moisture) are banned because they damage fences, however even if there was no fence up yet the actions are still barred.

I would like to briefly discuss two of the questions posed to Rava on Bava Basra 18a. One of the situations involved distancing a mill from the border. The gemara indicates that the vibrations from the mill could damage the fence. Rabbeinu Gershom offers two rationales - one that the use of the mill will cause vibrations which would damage the fence. The other explanation is that the use of the mills will cause sound waves which could damage the fence. This grasp of physics by a Rishon was quite striking to me.

The other example dealt with the planting of mustard seed in proximity to a neighbor's bee hive. The gemara recites that the planting should be barred because the mustard seed was damaging to the bees. Rashi explains that the bees would eat the mustard seed and then have a sharp taste in their mouths. They would then return to their hive and eat the honey, thus damaging the neighbors yield from the hive. As a result the Rabbanan prohibit the planting of the mustard seed. The gemara then (in the hava meena) recites that R' Yosi allows the planting as the mustard seed owner could say to his neighbors - you distance your bees from my mustard as they will eat my plants and damage my yield.

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