Venue: YU Torah MiTzion Beit Midrash Zichron Dov YU Torah MiTzion Beit Midrash Zichron Dov

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

What causes the damage when one digs a ditch contiguous to his friend's ditch? This shiur will explore the controversy between Rashi and Tos' over this question, and analyze the proof texts to the respective opinions. The talmudic statement: "Every time you strike the earth with your spade you weaken my land" would seem to support the approach of Rashi, and the damage is caused by the act of digging rather than the wetness of the water in the ditch. Yet the statement is not quoted as an explanation for the cause of damage, but rather as an explanation of Rebby Yose's apparent admission that in this case it is the owner of the hazard who is liable to distance himself.