Thanks to dafyomi4women for much of today's daf preparation.
We continue to learn about how to deal with the trees at the side of riverbanks to ensure that boats can be pulled in. A story is shared about a rabbi who was asked to be the first to cut his trees at the shoreline to be an example for others. He argued that if his neighbours were Gentiles and only beholden to the laws of the king and not to Torah law, they would not follow this example anyway. The trees were cut against the will of that rabbi.
The Gemara explains that the rabbis do not need to pay taxes because they are protected by their Torah study. Similarly, rabbis do not need to be part of the community that does the work to build a wall. They are obliged to contribute money to pay for the building of that well, however. We move into a discussion about property laws in a stratified social structure.
The Gemara discuss the different obligations of people who live up at the top of a hill and those who live at the bottom of the hill. Those who live at the top require the help of those at the bottom if the river does not flow at the top, because it only affects those below the blockage. With rainwater blockage, however, all people must help to fix the problem as it affects everyone.
We know that we are not supposed to plant trees at the bank of a river. If a person claims a piece of land by the water by working it for three years with no complaints, he has right to that land, though it is discouraged. A person has rights even into the water up to the place where a horse would be in the water up to its neck.
Examples are shared regarding sale of property to one's neighbour, the laws of bar metrza. Because it is convenient for a neighbour to buy their neighbour's field, neighbours are given first rights when a field is for sale. One example tells about a group of people who do not own land in between two properties. If a person settles there, one opinion is that he cannot be sent away due to bar metrza. Another opinion is that bar metzra are not relevant, but it is chutzpa to take on land in this way. A another opinion is that it is permitted because no-one complained earlier. Finally, one could argue that the property was not divided properly yet, meaning that bar metzra was not valid yet. Some of these opinions are based on 'doing the right thing'. This is the case especially when it is easy to do.
A buyer could speak with the neighbour before buying a property. The neighbour might agree but then changes his mind, and the price of the field changes. In this case, the neighbour should pay what the buyer pays. But perhaps the price was very low or very high. How much does the neighbour pay? The Gemara argues that the neighbour could say that the buyer was his agent and that he was obliged to benefit the neighbour. And what if the land was of a different quality than the land surrounding it? The rabbis even consider conspiracies to buy land that is only attractive because it makes the owner a neighbour, now eligible to bar metzra laws.
The rabbis share many such examples, where property is considered, bought and sold. The notion of "rights to property" is very different in ancient times than today. One example I can think of is a landlord who is permitted to evict a tenant without the usual notice if a family member is moving in.
The Gemara also speaks to the fear of Gentiles in ancient times. People see sale of land to Jews as desirable, for selling to Gentiles could create damage to oneself, one's land, and one's neighbours due to damage and distress.
Considerations of properties might be non-specific, in which case laws of bar metzra do not apply. And if people need money for a funeral, for example, a quick sale might be necessary. One is supposed to announce a sale for at least thirty days to ensure that the price is appropriate. This law dos not apply if there is a need to move quickly. Similarly, for women and others who do not usually buy properties, the rabbis make it easier for transactions to take place. The rabbis also discuss sale of land nearer to fields or nearer to cities. These are all examples of differences in rights for people of different levels of status compared with neighbours. The rabbis even recognize the importance of a good neighbour over a family who wishes to live close by.
Posts
No comments:
Post a Comment