Bava batra 4a, HaKol KiMinhag HaMedina, Part I

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Date:
November 06 2011
Length:
1h 11min 34s
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Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:
Bava Batra 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

The sugya derives from the superfluous words in the mishna"hakol keminhag hamedina" that a wall between two neighbors in the middle of a courtyard can be made of palm branches and need not be made out of stones or bricks. Why has this new category of a wall been omitted from the mishna? The Rosh understands that the wall of palm branches is not - in and of itself - a Halachik "mechitza", but can be upgraded to that status thru the medium of Minhag HaMedina. From the Rosh we will move on to study the Rabbenu Yona and the Ramban and attempt to define the status of a wall made of branches.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by the Goldstein, Klavan and Meyers family in memory of Tzvi Hirsh ben Harav Yehoshua, Harry S. Klavan and by Alan and Fran Broder to commemorate the yahrzeit of Raphael Greenspon, Raphael ben Eliezer, a"h