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22.2.25

I have two questions on the approach of Rabainu Izhak in Bava Batra page 18.

I have two questions on the approach of Rabainu Izhak in Bava Batra page 18. Both relate to the answer of Rav Papa that the Mishna is a case of a sale. In the approach of the R"I (Rabainu Izhak), the situation before the answer of Rava Papa is the bees are at the border, and they do damage. The question is on Rava, "If so, how do we find this?" But to Abaye there is no question because the owner of the bees did something slightly wrong by putting the bees near the border where the owner of the mustard was going to put his mustard. Even though it is allowed to do so to Abaye, still it was slightly wrong. Then Rav Papa says it is a case of a sale. That means to R"I that now the mustard is at the border, and the sages hold the bees do no damage, but R. Jose keeps the original assumption that they do damage. He agrees that now the mustard is at the border. The question is if you assume the owner of the bees did something slightly wrong by putting his bees next to the boundary, then why not say the same thing now about the mustard? R. Jose could say owner of the mustard did something slightly wrong, and so the owner of the bees can put the bees next to the boundary. However, this question can be answered thus. The changing of the position is also to the sages. They say now the bees do no damage, so where ever they are, the mustard must be kept away 6 handbreadths. To that R. Jose replies that “I would have said if the bees are at the border, the owner of the mustard can put the mustard there because of the bees doing something wrong. Also if the mustard is at the border (also because of wrong doing), then the owner of the bees can put the bees there also. However, in the first case I would not say to put the mustard next to the bee since it is a case of a sale. I only meant if the mustard is already there then it can stay.” [That means that he agrees the mustard does more damage than the bees. so, he would not say, "Put it next to the bees" in the case they bees are already there. But, if the mustard is there first, it can stay, and presumably the bees can be put next it the mustard.] Another question is that R. Jose ought to say the same thing about the two pits. But Tosphot already answered this that in any case the digging causes damage so neither one can be right next to the border and if it already, it needs to be moved._______________________________________________I have two questions on the approach of רבינו יצחק in בבא בתרא page י''ח. Both relate to the answer of רב פפא that the משנה is a case of a sale. In the approach of the הר''י the situation before the answer of רב פפא is the bees are at the border and they do damage the question is on רבא, "If so, how do we find this?" But to אביי there is no question because the owner of the bees did something slightly wrong by putting the bees near the border where the owner of the mustard was going to put his mustard. Even though it is allowed to do so to אביי, still it was slightly wrong. Then רב פפא says it is a case of a sale. That mean to הר''י that now the mustard is at the border and the חכמים hold the bees do no damage, but ר' יוסי keeps the original assumption that they do damage, but agrees that now the mustard is at the border. The question is if you assume the owner of the bees did something slightly wrong by putting his bees next to the boundary, then why not say the same thing now about the mustard? ר' יוסי could say owner of the mustard did something slightly wrong, and so the owner of the bees can put the bees next to the boundary. However, this question can be answered thus. The changing of the position is also to theרבנן . They say now the bees do no damage so where ever they are, the mustard must be kept away ששה טפחים. To that ר' יוסי replies that I would have said if the bees are at the border, the owner of the mustard can put the mustard there because of the bee doing something wrong an also if the mustard is at the border also because of wrong doing, then the owner of the bees can put the bee there also. However, in the first case I would not say to put the mustard next to the bee since it is a case of a sale. I only meant if the mustard is already there then it can stay. [that means that he agrees the mustard does more damage than the bees. so, he would not say put it next to the bees in the case they bee are already there. But if the mustard is there first it can stay and presumably the bees can be put next it the mustard.] Another question is that ר' יוסי ought to say the same thing about the two pits. But תוספות already answered this that in any case the digging causes damage so neither one can be right next to the border and if it already, it needs to be moved.