Bava Batra 2a & 4b: Chazit works for Bikah, does it work for Chatzer?

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Date:
November 16 2011
Length:
1h 1min 2s
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Venue: YU Torah MiTzion Beit Midrash Zichron Dov YU Torah MiTzion Beit Midrash Zichron Dov

Gemara:
Bava Batra 

Collections: Rabbi Berzon: Bava Batra

Description

The Mishna mentions Chazit with regard to Bikah, but omits Chazit in the case of the Chatzar. The Ri Migash derives the conclusion that Chazit was not instituted by the Rabana in the case of a Chatzer and that if Reuvain were to add a chazit to the wall of a chatzer, the chazit would not serve as a proof to support his claim to have financed the wall without any participation of the other neighbor. The Rosh quotes the Ri Migash and rejects his opinion, insisting that chazit applies to chazer just as it does to bikah. In this shiur we will attemt to present the respective opinions of the Ri Migash & the Rosh and analyze them.

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