Bava Metzia 117 - June 24, 18 Sivan

Study Guide Bava Metzia 117

Today’s daf is sponsored by the Hadran Women of Long Island in honor of the birth of a granddaughter, daughter of Aliza and Chesky Gewirtz, to our friend and co-learner Deena Rabinovich. "May the Rabinovich and Gewirtz families see much nachat as the new "Hadran Daf Addition" grows to Torah (and Daf), chuppa and maasim tovim, and may this simcha bring joy, peace, and healing to the Jewish nation and the world." 

If the landlord lives downstairs and the tenant lives upstairs and there is a hole in the upstairs floor, the tenant can move downstairs. Does the owner need to move out? If not, is the tenant allowed to use the same entrance or can only enter from the upstairs? What if there were three floors, if the hole is in the middle floor, can the tenant be moved upstairs? If two people share a house (one upstairs and one downstairs) if the limestone that covers the floor upstairs wears away and there is a leak from the upstairs to the downstairs, who is responsible for fixing it? Is it connected to the debate in our Mishna between the rabbis and Rabbi Yosi about a tenant/landlord and who fixes the plaster when there is a hole in the floor upstairs? The Gemara rejects the comparison to the Mishna but connects it to a different debate in Bava Batra 25b about whose responsibility it is to prevent future damage - the one who may damage or the one whose items may become damaged? If a house collapses and the lower owner does not want to rebuild, what options does the upper floor owner have?  Is there a pattern that can be found in various halachic decisions of Rabbi Yehuda that he holds that one cannot benefit from the money/property of another without the other's consent? The Gemara first brings three opinions of Rabbi Yehuda in different contexts to prove this, but each is then explained based on different reasoning. In rebuilding a house that fell apart, the upstairs and downstairs owners must each be careful to use the same type of bricks/ceilings/height/number of windows as before unless the change will not negatively affect the other owner. What changes are good/bad for each owner? If one has an olive press built into a rock and another has a garden above it, if the ceiling of the olive press collapses, the garden owner can plant on the floor of the olive press. If one's tree or wall fell/collapsed into the street, the owner is not responsible for damages, unless the owner was warned by the court and did not take it down. If it fell onto another's property, what are the rights of the owner/neighbor regarding the debris?