Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Choshen Mishpat,  Nezikin 

Collections: Rabbi Berzon: Bava Batra

Description

The Mishna adds the word "Kotel" to teach that Reuvain who dug his ditch before Shimon dug his, distanced his ditch from the border by 3 tfachim. This proves the revolutionary principle of anticipatory 'Harchaka", which is the opinion of Rava. Since this new principle is inherent in the extra word "kotel", the Mishna could not have omitted this word. Thus Tos' rejects the Girsa which has the question "ViLitnei" which drops the word "kotel". Without that word kotel, the word "bor" would mean the "challal" of the bor and would teach us that if Reuvain dug his ditch alongside the border, Shimon would distance his ditch 3 tfachim from the challal of Reuvain's bor & we cannot derive Rava's principle.