I have been hoping to understand the approach of Rav shach in removal of objects that can cause damage, but (outside of some basic ideas) I have not gotten far. I have a local beit midrash within walking distance, so I have been able to look at the gemara Bava batra page 18 and one of Rav shmuel Rozovski's books on bava Batra. [[I think one volume of his is missing] I think I need to continue in this subject, but I have to say that the small pamphlet on this subject in Rav shach's avi ezri is still a mystery to me.

someone using Torah to make money to me seems completely wrong

There is a pretty straight forward law that one is not allowed to make money by learning or teaching Torah. But as for shechita I can see the point of having a rav to check the knife and signs of possible traif. I can also see the point of a Kollel where people accept charity in order to continue learning Torah. That is to say, that I can see in positive light the yeshivot and kollels where people really want to learn Torah, and accept a stipend in order to be able to continue to learn. But the position of someone using Torah to make money to me seems completely wrong. Rav Naftali Troup was one of a few great Torah sage in Lithuania before WWII, and there were problems in Europe with the Litvak Torah World. Somone wrote a letter to Naftali Troup why asking, "Why he did not come to America?" And he answering a letter all rabanim in the USA use Torah to make money. In his words, “In America, Torah is a business.” And he added, “They are all trying to sell their brand.” The problem in the USA in the religious world is that religious people think that they are righteous.

אם אתה מסתכל על רבינו יצחק בעמוד י''ח של בבא בתרא אז הנושא נראה ברור. רבא הולך כמו החכמים שמחייבים את הגורם לנזק להוציא את חפצו מהמקום. ואף על פי שכל הפוסקים מחזיקים בדין כר' יוסי שגורס שמי שיכול להינזק צריך להוציא את חפצו מהמקום, וכמעט אוניברסליים המחזיקים בדעת שרבא חזר בו, וחל רק במקרה של חפירת בור ליד גבול, עדיין אני חושב שהפוסקים נמשכו לשני כיוונים מנוגדים. מצד אחד הגמרא אומרת אחר כך שהדין הוא כמו ר' יוסי. מאידך, הדין תמיד כרבא חוץ ביע''ל כג''ם. הדרך היחידה להחזיק בשני הניגודים הללו היא ללכת עם רבינו תם ולקבוע שר' יוסי מסכים כאשר מדובר ב"החצים שלו גורמים נזק ישיר" ולומר שלזה רבא מתכוון. ולי נראה שהכי טוב ללכת עם רבינו יצחק שמסביר את הנושא בצורה פשוטה יותר. לפיכך, הנושא יהיה כזה. "אם רבא צודק, אז איך נמצא מקרה של הדבורים ליד הגבול כפי ר' יוסי? עונה רב פפא "מדובר במכירה", [והדבורים אינן גורמות נזק לדעת החכמים, אבל לר' יוסי כן והדבורים באו אחר החרדל. ובנקודה זו, כיון שר' יוסי סובר שהדבורים גורמות נזק, היה אומר גם אם היו שם קודם, יש להרחיקן]. אז למה שהחכמים יקבעו שיש להרחיק את פשתן(משרה) מהירקות? תשובה: על כל מה שגורם לנזק שיילקח מהמקום. ורבא הוא כמו החכמים. אם היית הולך עם רבינו תם, קשה לראות מדוע, ובאיזה נקודה בגמרא שהוא אמור לחזור בו מגישתו, זה מלבד שאר השאלות שהרמב''ן מביא נגד הדרך של רוב ראשונים מבינים ר' תם ור' חננאל. איך לענות על הסתירה בהלכה? הייתי אומר סוגיות חלוקות

If you look at Rabbainu Izhak in page 18 of Bava Batra then the subject looks clear. Rava is going like the sages that hold it Rabbainu Izhak in page 18 of Bava Batra

If you look at Rabbainu Izhak in page 18 of Bava Batra then the subject looks clear. Rava is going like the sages that hold it Rabbainu Izhak in page 18 of Bava Batra the obligation of the one who causes damage to remove his object from the scene. And even though all the poskim hold the law is like R. Yose who holds that the one who can be damaged should remove his object from the scene, and they almost universally that hold the opinion of Rava was retracted and only applies in the case of the of digging a pit near a border, still I think that the poskim were being pulled in two opposite directions. On one hand, the Gemara says later that the law is like R. Yose. On the other hand, the law is always like Rava except in yal kegam. The only way to hold onto these two opposites is to go with Rabbanu Tam, and to hold that R Yose agrees when it is a case of "his arrows are causing direct damage" and to say that that is what Rava means. And to me it seems best to go with Rabainu Izhak who explains the subject more simply. Thus, the subject would be like this:(the gemara would be read thus): "If Rava is right, then how would we find a case of the bees next to the border like R Yose implies? Answers Rav Papa, “It is a case of a sale,” [and the bees are thought to not cause damage to the opinion of the sages, but to R. Yose they do and the bees came after the mustard. And at this point since R Yose thinks the bees cause damage, he would say even if they were there first, they should be moved away].Then why would the sages hold that the tub of linen must be moved away from the vegetables? Answer: it is upon whatever causes damage to be taken away from the scene." And Rava is like the sages. If you would go with Rabbainu Tam, it is hard to see why and at what point in the gemara that rava is supposed to have retracted his approach, This is besides the other questions that the Ramban brings against the way most rishonim understand rabainu Tam and rabbainu chananel. How to answer the contradiction in halacha? I would say the two sugiot are not the same. ____________________________________________________________________________________________________ If you look at רבינו יצחק in page י''ח of בבא בתרא then the subject looks clear. Rava is going like the חכמים that hold it the obligation of the one who causes damage to remove his object from the scene. And even though all the פוסקים hold the law is like ר' יוסי who holds that the one who can be damaged should remove his object from the scene, and they almost universally that hold the opinion of רבא was retracted, and only applies in the case of of digging a pit near a border, still I think that the פוסקים were being pulled in two opposite directions. On one hand the גמרא says later that the law is like ר' יוסי. On the other hand, the law is always like רבא except in יע''ל כג''ם. The only way to hold onto these two opposites is to go with רבינו תם and to hold that ר' יוסי agrees when it is a case of "his arrows are causing direct damage" and to say that that is what רבא means. And to me it seems best to go with רבינו יצחק who explains the subject more simply. Thus, the subject would be like this. If רבא is right, then how would we find a case of the bees next to the border like ר' יוסי implies? Answers רב פפא, “It is a case of a sale,” [and the bees are thought to not cause damage to the opinion of the חכמים, but to ר' יוסי they do and the bees came after the mustard. And at this point, since ר' יוסי thinks the bees cause damage, he would say even if they were there first, they should be moved away]. Then why would the חכמים hold that the משרה linen must be moved away from the vegetables? Answer: it is upon whatever causes damage to be taken away from the scene. And רבא is like the חכמים. If you would go with רבינו תם, it is hard to see why, and at what point in the גמרא that he is supposed to have retracted his approach, This is besides the other questions that the רמב''ן brings against the way most ראשונים understand ר' תם and ר' חננאל. How to answer the contradiction in הלכה? I would say סוגיות חלוקות

General Grant in his book on the Civil War

General Grant in his book on the Civil War wrote that the Constitution does not forbid succession, nor allows it. From that fact, I would say that the Federal Government can not go against it because the Federal Government has only enumerated powers. But Grant himself did not draw that conclusion, but rather wrote that since the idea of succession was not stated in the Constitution, therefore the country founded on the Constitution has the right of self-defense. What I think this brings forth is the question of how different politics is different from civil law between individuals. In mean in individuals, what I written in a contract is exactly what I there, nothing more or less—unless things are unclear. And if that would be applied to the Constitution then this issue is not ambiguous, it clearly stated that the government has only enumerated powers. How however politics in terms of nation states is different from civil law between individuals. How much so and why is unclear to me. In the tradition of England [upon which the American concept of government is based] a written document of the government is absolutely binding. But if you look at countries like the ussr, contracts are approximate indication of intention, but what matters is the individuals in power.

Rav shach does not usually state a halacha, but in his pamphlet of keeping damages away, he does actually bring the idea that most first authorities hold with the law of Tophot on page 22 of Bava Batra that the kind of damages that are brought in chapter 2 of Bava Batra are only considered to cause damage if on the other side of the border, there is already placed there something that could cause damage. And also, that if that is the case (that one has placed there something that can cause damage), then it can stay there even after the other person has placed his object there. And example would be like a tub used to soak linen that can cause vegetables on the other side of the border to absorb the noxious fumes. so, if that tub was already there, then even if the neighbor plants vegetables on the other side of the border, the tub can stay there [within three handbreaths of the border].

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