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

This shiur will investigate the feasibility of a fundamental distinction between two similar concepts. The first is the Heter Smicha which allows Reuvain to locate his potential Mazik on the border of Shimon's field because Shimon has yet to establish his Davar HaNizak in his field. The second is Rav Papa's case of an owner of a field that has a Mazik located within it who sells half of his field. In the first case Reuvain will not be compelled to move his Mazik even when Shimon sets up his Nizak in his field. In the second case, the seller will be responsible for his Mazik and can be forced to implement Harchaka.