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 Ritva sheds a new light on the exemption from Harchakat Nezikin in the case of a sale. The buyer acquires more than just the property mentioned explicitly in the bill of sale. Additionally, he receives rights to enjoy the maximum benefit from the land he purchased, and receives rights to dig a Bor & force the seller to uproot the tree that threatens the life span of his Bor. On the flip side, if the seller sold the tree, the buyer acquires rights to maintain his tree exactly where it is. The Ritva applies the universal rule of Mocher BiAyin Yafe Hu Mocher to the laws of Harchakat nezikin. In this shiur we will analyze the Ritva and its implication of the Machloket between Rashi & the Rivam.