Bava Batra 4b & Bava Kama 20b: Makif and Nikaf: Two Perspectives, Part I

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Date:
November 13 2011
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1h 11min 22s
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Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Collections: Rabbi Berzon: Bava Batra

Description

The Ramban links our Mishna in Bava Batra of Makif & Nikaf with the fundamental principle of "Yored" presented in Bava Metzia 101a. This means that the nikaf pays for the money spent by the Makif to put up a wall and benefit the nikaf. The sugya in Bava Kama, however, subsumes the Mishna of Makif & Nikaf under the principle of "Zea NeHene", which means that the nikaf pays for the "hana'ah" that he received from the makif. From the perspective of Ze NeHene, the nikaf would only pay if he "takes" something away from the Makif (Ze ChaSer") according to one opinion. But if we apply the principle of "yored", the nikaf would pay for the wall because the Makif is working on his behalf and benefitting him. How do we reconcile this contradiction?

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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