The EB Sit edition, an audio series of the Talmud Bavli, Masechet Bava Kamma, has been generously sponsored in our Daf Yomi program by our good friend and patron, Siahu Ashar HaKohen, and his dear wife, Rina. May they continue to have success, prosperity in all their endeavors, health, happiness, and much nachat from their children. May they enjoy many years of shalom bayit, tranquility, and peace of mind. Amen. Today’s Daf is being studied for the elevation of the souls of Bradzik bat Matya, Yafa bat Sara, and Avraham ben Ester. May their souls be bound in the bond of life. Amen. Additionally, we are studying for the complete recovery of Moshe ben Dina, Oshri bat Rachel, and Chaim ben Salcha. May their healing come swiftly, and may it be God’s will. Amen.
We begin today’s Daf on Peh Bet, Amud Alef, Shora 1, at the top of the Amud. The discussion revolves around the ten takkanot that Yehoshua bin Nun established when he settled Eretz Yisrael. The Gemara poses a question: What do you mean there are only ten? There is an eleventh one. The Gemara states, “And when Rav Avin came, he said in the name of Rabbi Yochanan…” We are questioning this because we learned there are ten and no more. Rabbi Yochanan, as an Amora, cannot contradict the Baraita that states there were ten takkanot made by Yehoshua. What, then, is this eleventh one? The Gemara continues, “And when Rav Avin came, he said in the name of Rabbi Yochanan, ‘One is a tree that overhangs into someone else's field, and one is a tree that is close to the border of someone else's field…’”
In this scenario, the issue arises because the tree’s roots extend underground into the neighboring field, drawing sustenance from it. The question is whether one must give bikkurim from such a tree, as the Torah specifies that bikkurim must come from “your land.” The Gemara clarifies that one may bring fruits from these trees and recite the section of bikkurim, as this was part of the conditions that Yehoshua established for the Jewish people when they entered the land. This raises a halachic question: Do we truly consider it “your land” if the tree is drawing sustenance from a neighboring field? Yehoshua bin Nun instituted a takkanah because this situation constitutes gezel, theft, regarding bikkurim, as the tree is not truly nourished by its own land. Therefore, the takkanah established by Yehoshua allows the owner to bring bikkurim without being labeled a gazlan.
The Gemara then asks who is the author of the statement regarding the ten takkanot. It concludes that the one who stated there were ten was Rabbi Yehoshua ben Levi. This means that Rabbi Yochanan, as an Amora, can argue against Rabbi Yehoshua ben Levi. The Gemara cites a proof from a place called Bei Katil, where Rav Tanchum and Rav Baryas stated in the name of an elder, who is identified as Rabbi Yehoshua ben Levi. This confirms that Rabbi Yehoshua ben Levi was indeed the source of the ten takkanot, allowing for Rabbi Yochanan to engage in debate regarding this matter.
Next, the Gemara discusses the ten takkanot instituted by Ezra HaSofer, the leader in Eretz Yisrael when the Jewish people returned from Galut Bavel after the destruction of the Beit HaMikdash. The first Biah occurred during the time of Yehoshua, while the second Biah took place during Ezra’s time. Ezra established ten takkanot, which include: reading from the Sefer Torah on Shabbat Mincha, reading on Mondays and Thursdays, having the Beit Din available on those days, laundering clothes on Thursday in honor of Shabbat, eating garlic on Erev Shabbat, and ensuring that women rise early to bake bread for Shabbat.
The Gemara elaborates on each of these takkanot. The reason for reading on Shabbat Mincha is to accommodate those who are unable to attend during the week due to work commitments. This additional reading ensures that everyone has an opportunity to hear the Torah. The Gemara explains that the reading on Mondays and Thursdays was already established in the times of Moshe Rabbeinu, as the people needed to hear Torah regularly to avoid spiritual fatigue. The prophets instituted readings to ensure that the people would not go three days without Torah, which could lead to negative influences.
Ezra’s takkanah to have three aliyot—three people reading from the Torah—was a development from the earlier practice, which allowed one person to read multiple pesukim or several people to read one pasuk each. This adjustment ensured that there would always be enough people present in the synagogue to form a minyan. The Gemara continues to explain the reasons behind the various takkanot, emphasizing the importance of community involvement in Torah study and practice.
As the discussion progresses, the Gemara returns to the topic of Jerusalem, stating that there are ten specific rules regarding the city. For instance, one cannot sell a house permanently in Jerusalem, and the city does not bring an eglah arufah. The houses in Jerusalem are not subject to the tumah of neg'aim, nor can they be declared an Ir Hanidachas. Furthermore, Jerusalem does not have protrusions or garbage dumps, nor does it allow for the raising of chickens, as they could contaminate the area.
In conclusion, the Gemara emphasizes the sanctity of Jerusalem and the unique halachic status it holds in relation to other cities. The discussion illustrates the intricate relationship between the laws established by the sages and the spiritual significance of these practices within the context of Jewish life. Each takkanah serves a purpose, enhancing the community’s engagement with Torah and fostering a sense of unity and sanctity in their observance.