Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra,  Bava Kamma,  Bava Metzia 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

In this shiur, we will attempt to reconcile the Sugya of Makif & Nikaf here in Bava Batra as an extension of "yored" with the parallel Sugya of Makif & Nikaf in Bava Kama as an extension of "neheneh". The problem raised by the Achronim is the seeming contradiction between the two Sugyot. If the Nikaf pays for the wall as an application of "yored", then he pays the cost of the wall. If he pays as a "neheneh", then he pays for the increment in the market price of the field. We will study a very obscure essay in the Chiddushei HaGrach al HaShas, and try to define "neheneh" under one of two fundamentally different categories: "Mazik" and "Gazlan". With Rav Chaim's insight in our back pocket, we will try to reconcile the two Sugyot.