A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Bava Metzia 102A - 102B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
February 2, 2007
Duration
56:00

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The discussion begins by clarifying the responsibilities of a landlord and tenant regarding repairs. A "lock" (nagar) from the inside of a door and a "lock" (b'manu) from the outside are considered items requiring professional expertise to fix. The general rule is that anything requiring an expert to repair, such as a pipe issue needing a plumber, is the landlord's responsibility to pay for. Conversely, repairs that any handy person can manage without specialized skill are the tenant's obligation. For example, if a roof beam is not strong, an expert is needed, making it the landlord's responsibility. However, buying a ladder for roof access or creating a fence (ma'akeh) around the roof to prevent falls is the tenant's duty. Similarly, installing a drainage system (marzev) on a flat roof, which involves placing planks to divert water, is a simple task and thus falls to the tenant. Pitching and tarring the roof are also the tenant's responsibility.

The topic then shifts to the obligation of affixing a Mezuzah. While the obligation to affix a Mezuzah rests on the occupant, meaning the tenant, the question arises regarding the cost of preparing the space for it. If the doorpost is stone and requires drilling a hole, necessitating an expert, who pays? The lecture suggests that if it is not considered a professional's work (Maaseh Uman), then the tenant pays. An option presented is using a hollow reed (gavtah dekanya) to hang the Mezuzah, avoiding the need for drilling and thus an expert. In this scenario, the tenant would be responsible. The Mezuzah itself is the tenant's obligation to supply.

A significant halachic point is made: when a tenant's lease ends, they are generally not permitted to remove the Mezuzot. This is because Mezuzot are believed to protect the house and bring the Divine Presence (Shekhinah) into it. Removing them would cause damage to the subsequent tenant or cause the Shekhinah to depart. The outgoing tenant may request compensation for the Mezuzot but cannot take them. An exception is made if the next tenant is not Jewish; in such a case, the Mezuzot must be removed to prevent their desecration. A story is recounted about a person who removed Mezuzot before leaving a rented house and subsequently suffered misfortune, losing his wife and two children. This story is reconciled with the exception for non-Jewish tenants by clarifying that the misfortune occurred when a Jewish tenant was expected to move in, making the removal inappropriate.

The discussion returns to the ownership of manure (zevel). Earlier, it was stated that manure found outside the house belongs to the landlord, while ashes (efer) from the oven or stove belong to the tenant, as they can also be used as fertilizer. A question is raised: if the tenant rented the courtyard and owns the animals producing the manure, why should it belong to the landlord? The answer clarifies that this ruling applies when the courtyard was not rented to the tenant, and the animals either belong to the landlord or are strays that entered the courtyard from the street. The principle of "a person's courtyard acquires for him" (Chasero shel adam koneh lo) means that once the manure lands in the landlord's courtyard, it becomes his property, even without his explicit knowledge or action. This acquisition is so strong that no one else, including the tenant, is permitted to take it. This principle applies even if the owner is not home, as the courtyard acts as an agent of acquisition.

A further clarification on the principle of "a person's courtyard acquires for him" (Chasero shel adam koneh lo) is presented. The Gemara discusses whether this acquisition occurs even without the owner's knowledge (shelo midato). It is taught that if a courtyard is protected (mishtamer), meaning it has a fence, acquisition occurs automatically without explicit knowledge. However, if the courtyard is not protected (eino mishtamer), explicit knowledge is required. An interesting case is posed: what if there's a rumor in the city that a lost object, like a deer with a broken leg or fish washed ashore by a river, has entered a person's field? In such a scenario, even if the field is not fenced, the rumor itself makes it "as if protected" (k'ilu mishtamer). People will assume the owner has already claimed it and will not attempt to take it, effectively creating a state of abandonment (ye'ush) for others. Thus, the field acquires the item for the owner.

The discussion revisits the ownership of manure. If a tenant collects animal dung in a bucket while it is still in the airspace of the courtyard, does it belong to the tenant or the landlord? The question arises because the airspace of the courtyard typically belongs to the landlord. Rava offers a distinction: if the item is destined to land in the courtyard, then merely entering the airspace is sufficient for the courtyard to acquire it. However, if a receptacle (keli) is placed directly beneath the animal, catching the dung before it ever enters the courtyard's airspace or touches the ground, then it belongs to the owner of the receptacle. This is because the item is never destined to land in the courtyard itself. This leads to a debate about a case where a wallet is thrown through a house, entering through the front door and exiting the back. Is it acquired by the house owner because it passed through the airspace, or not, because it was never destined to land there? Rava clarifies that in the wallet case, since nothing separates the wallet from the ground, it's a question. But if a receptacle is positioned to prevent it from reaching the ground, then it's clear the owner of the receptacle acquires it.

The text then addresses the statement that manure found in a barn (refet) or courtyard (chaser) belongs to the landlord. The Gemara asks why two locations are specified. The answer is that even if the courtyard was rented to the tenant, but the barn within it was not, the manure in the barn still belongs to the landlord. This teaches that renting a courtyard does not automatically include the barn within it unless explicitly stipulated.

The discussion returns to the principle of "a person's courtyard acquires for him" (Chasero shel adam koneh lo) even without his knowledge (shelo midato). A challenge is posed from the law of sending away the mother bird (Shiluach HaKan). If a person builds a dovecote (shovach) or birds build a nest on his roof, and the mother bird is sitting on eggs or chicks, the owner is obligated to perform Shiluach HaKan before taking them. This means sending the mother away. The Gemara asks: if the courtyard acquires items for the owner, why is he obligated in Shiluach HaKan? If the eggs are in his courtyard, they should be his property, and the law of Shiluach HaKan only applies to ownerless items (hefker). The explanation offered is that the obligation of Shiluach HaKan applies to eggs that are not yet fully detached from the mother or have not yet fully landed in the nest. At this stage, they are not yet fully acquired by the courtyard. Therefore, if the owner wishes to take them, he must perform Shiluach HaKan. Another explanation is that even if the eggs have fully landed, the owner cannot take them as long as the mother is sitting on them. Since the owner himself cannot take them, the courtyard cannot acquire them for him either. Thus, he is still obligated in Shiluach HaKan.

The discussion further explores why taking these eggs is forbidden due to "ways of peace" (Darkei Shalom). If the eggs are not fully detached from the mother, they are not yet owned, so why would taking them be considered theft (gezel) or lead to conflict? The answer is that once a person sets up a dovecote, he expects the birds and their offspring to be his. Therefore, taking them, even if not strictly theft, would cause disputes. The prohibition is not from the Torah but rabbinic, to maintain peace. The Gemara then considers a case where a minor (katan) takes the eggs. A minor is not obligated in Shiluach HaKan. In this instance, the prohibition of taking the eggs is still due to Darkei Shalom, as it would cause conflict with the owner. The minor's father would be obligated to return the eggs for the sake of peace.

The discussion shifts to rental agreements and the concept of a leap year (ibur chodesh). A Mishnah states that if a person rents a house for "a year" (l'shana) and the year becomes a leap year (adding a 13th month), the tenant benefits and gets the extra month for free. However, if the rental is "by months" (l'chodashim), the extra month goes to the landlord, meaning the tenant must pay for it. A story is presented from Tzipori where someone rented a bathhouse for "twelve gold coins for the year" (bishneim asar zahav lashana) and "one gold coin per month" (medinar zahav lachodesh). In this double stipulation case, Rabban Shimon ben Gamliel ruled that the extra month should be split between the landlord and the tenant. The Gemara questions how this ruling aligns with the Mishnah, which presents only two clear-cut cases. It concludes that the Mishnah is missing words and should be read as having three cases: yearly rental (tenant benefits), monthly rental (landlord benefits), and a double stipulation (split). Rav, however, disagrees with the splitting in the double stipulation case. He holds that the second statement (lashon acharon) is primary. Since the second statement in the story was "one gold coin per month," Rav would rule that the entire extra month's rent goes to the landlord. This is based on the principle of "take the latter language" (tfos leshon acharon), which Rav taught elsewhere regarding a transaction involving "an istira, 100 ma'ot" or "100 ma'ot, an istira." The Gemara explains that Rav needed to reiterate this principle in the rental case because the earlier case could be interpreted not as tfos leshon acharon but as an explanation of the coin's value. In the rental case, it's clearly two distinct stipulations.

Shmuel offers a different interpretation of the Mishnah's splitting ruling. He suggests that the splitting only occurs when the landlord demands payment in the middle of the 13th month. In such a situation, there is a doubt (safek) as to whether the first or second language is primary. For the portion of the month already lived by the tenant, the tenant is considered the "holder" (muchzak) and does not have to pay. For the remaining portion, the landlord is the muchzak of his land, and the tenant would have to pay. Thus, the month is split. If the landlord demands payment at the beginning of the month, the landlord is the muchzak of his land, and the tenant pays for the whole month. If the landlord demands payment at the end of the month, the tenant is the muchzak of having lived there, and gets the whole month for free. The Gemara challenges Shmuel, arguing that he generally holds tfos leshon acharon, so there should be no doubt. Shmuel clarifies that his earlier ruling about tfos leshon acharon also involved a situation where one party was already a muchzak on the item, creating a doubt. Therefore, in the rental case, too, the muchzak status creates a doubt, leading to the splitting of the month. Rav Nachman agrees with Shmuel that there is a doubt, but he argues that the landlord is always the muchzak because it is his land. Therefore, even if the landlord demands payment at the end of the month, the tenant must pay for the entire extra month, as the landlord's ownership of the land (karka) makes him the muchzak throughout. The summary emphasizes that Rav rules according to tfos leshon acharon, always favoring the landlord. Shmuel introduces the concept of safek and muchzak, leading to splitting only if the claim is made mid-month. Rav Nachman extends the muchzak status of the landlord to the entire month, even if the claim is made at the end, due to the landlord's ownership of the land.