Wednesday 8 February 2017

Bava Batra 17: Commonalities of our Pat/Matriarchs; Digging Pits Close to Neighbours

A brief blog today about daf 17, which ends Perek I and begins Perek II.

The rabbis complete their conversation about Job and his character by examining some of the special characteristics of our patriarchs and matriarchs.  They list - and provide proof texts for - who were not affected by the yetzer hara (Abraham, Isaac and Jacob), who were not affected by the Angel of Death (Abraham, Isaac, Jacob, Moses, Aaron and Miriam), who were not swayed by worm or maggot (Abraham, Isaac, Jacob, Moses, Aaron, Miriam, and Benjamin), who died due to the counsel of the primordial snake (Benjamin, Amram f.Moses, Yishai f.David, and Chilab ben David).   There are arguments about Miriam and whether or not she died with a kiss from G-d, like her brother Moses, and Abigail's status.

A new Mishna teaches us that one cannot build a pit - or cave, a ditch, a water channel, a laundering pond - within three handbreadths (and a barrier for the water) from another's pit or property.  One must distance  by three handbreadths any substance which might cause damage from another's property, as well.  This includes things like manure, residue from olives, salt, lime and rocks.  Similarly seeds, plows, and urine must be kept the same distance away from others' properties.  Finally, mills must be distanced from others and the base of ovens must be kept a measured distance from the upper rim of ovens.  These must be kept far from walls, as well.

The Gemara begins by determining what is meant by the wall of a pit.  Must the pit be three handbreadths distant, or must there be a wall of the pit that is three handbreadths wide?  The rabbis consider what should be done about trees and their roots, which can damage others' pits.  What if the tree was planted earlier?  What if the tree was planted later?  How far must a tree be planted from a pit?  How much must a person inconvenience oneself in order to protect another person's property?  What if pits were dug at the same time by two neighbours?  What if a field was not designated for digging pits? And what if one is digging into rock that is soft and crumbles away in one's hands?  

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