Translate

Powered By Blogger

31.1.25

Even though I can see the importance of the approach of Rabainu Izhak on page 18b of Bava Batra, I cannot understand why assume that R Yose agrees that the mustard does any damage what so ever? I mean to saט that if you assume that as a fact, then Rabbainu Izhak has to get out of what seems to be unnecessary difficulties. Why change the original assumption from the bees being next to the border to the mustard being there? And furthermore, if you change to the mustard being next to the border, then why do you need to claim it is a case of a sale at all? Just say the mustard was there first, and so the bees have to be removed. If you would say that R. Yose holds the bees do all the damage, and the mustard does none, then everything would be fine. R. Yose says the mustard can be put next to the border even when the bees were there first because the mustard does no damage. If the owner of the mustard is not bothered, then he can put the mustard there if he wants. Why would R. Yose claim that he would not allow the mustard to be put there? I might mention here that Rav shach mainly is looking at the question of why the shulchan Aruch says there is a worry about opening up a window into a deserted building because the owner of the building can claim that he wants to build, and when he does so he does not want to go to court to have the owner of the window to shut the window so as not to cause “damage of seeing.” He goes with the major poskim [legal authorities] on the issue, but I am puzzled why the worry about going to court applies to the window into the deserted building, and not in other cases of causes of damage? But in my opinion the law is always like Ravaת and there is always such a worry. __________________________________________________________________________________________ Even though I can see the importance of the approach of רבינו יצחק page י''ח ע''ב of בבא בתרא, I cannot understand why assume that ר' יוסי agrees that the mustard does any damage what so ever. I mean to say, that if you assume that as A fact, then רבינו יצחק has to get out of what seems to be unnecessary difficulties. Why change the original assumption from the bees being next to the border to the mustard being there? And furthermore, if you change to the mustard being next to the border, then why do you need to claim it is a case of a sale at all? Just say the mustard was there first, and so the bees have to be removed. If you would say that ר' יוסי holds the bees do all the damage and the mustard does none, then everything would be fine. ר' יוסי says the mustard can be put next to the border even when the bees were there first because the mustard does no damage. If the owner of the mustard is not bothered, then he can put the mustard there if he wants. Why would ר' יוסי claim that he would not allow the mustard to be put there. I might mention here that רב שך is looking at the question of why the שלחן ערוך says there is a worry about opening up a window into a deserted building because the owner of the building can claim that he wants to build, and when he does so he does not want to go to court to have the owner of the window to shut the window so a not to cause “damage of seeing.” He goes with the major פוסקים [legal authorities] on the issue, but I am puzzled why the worry about going to court applies to the window into the deserted building, and not in other cases of causes of damage? But in my opinion the law is always like רבא and there is always such a worry.