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Bava Basra 002: Where should the gatehouse be built?
alex lebovits asked:
The Gem on 2b brings down a Mishna from 7b stating that all residents were
required to assist in the construction of the gatehouse. In the Artscroll Gem.
a picture is drawn of this, showing that this gatehouse is built in Reshus
Harabaim.
Is this not a problem? Shouldnt it be built INSIDE the Chotzer? If the
residents of the Chotzer are bearing the cost of the material then they should
also have to contribute the land for it. Also, dont we want the Reshus Harabim
to be clear for traffic?
Do we also not see in the Mishna on Daf 27B that if a tree hangs down over
Reshus Harabim one may cut off the branches to provide clearance for a camel +
to pass underneath. So how do we initially allow an impediment to be built in
Reshus Harabim on the ground itself that may end up being 4 amos high?!
Regardless of the above, from the Gem. about Eliyahu Hanavi on 7b we see why
the gatehouse had to be built in Reshus Harabim.
May we thus conclude that Tzorchei Aniyim overrides Tzorchei DRabim and
Tirchei DRabim.
Is this a proper diyuk?
Yet the following disturbs me:
1. Rashi on 2b DH Beis HaShar defines this as a curved wall, opposite and
around the courtyard gate, with a small door on the side to prevent people from
seeing in. This fits in well with the Gem. on 7b. Yet the Bartenura and the
Tiferes Yisroel in the Mishnayis learn Beis Shar simply as a self contained
guardhouse outside the wall. Why dont they learn like Rashi which fits in so
well with the Gem.?
2. Of what use is a small door at the end of the curved wall, if a big door is
required to get things in and out of the Chotzer? Also, it is the second wall
that prevents people from being able to see in; not the size of the opening at
the end of the wall.
The following should be answered as well:
3. Rashi on 7b DH Kofin Oso says that a gatekeeper sits in the shade of the
gatehouse. If this is so, then lets build the gatehouse inside the Chotzer
and since there is a gatekeeper sitting in its shade, then there is only the
one door of the Chotzer between him and the Aniyim and he will be able to hear
them and to let them in!
4. Is 4 amos high enough for this wall, or would everyone agree that it has to
be at least KGamal Verochvo?
Kol Tuv,
alex lebovits, toronto, canada
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The Kollel replies:
Alex Shalom Aleichem! This is another bomber kashya!
I want to answer that the Beis Shaar is actually situated in Tzidei Reshus
ha'Rabim. Rashi Kesuvos 31b DH Tzidei writes that rocks and obstacles were
placed outside the houses to prevent the carts rubbing against the houses.
Rashi Kesuvos 86b DH Tzidei adds that people do not usually walk too near the
walls of the houses because they do not want to scrape against the wall. So it
is in this sidewalk area that the Beis Sha'ar was situated and it did not
disturb the people in the Reshus ha'Rabim that much because anyway they did not
use that area. In contrast, the Mishnah 27b is referring to branches of a tree
which hang over Reshus ha'Rabim itself but if they only hung over Tzidei Reshus
ha'Rabim one would not be required to cut them down.
According to this, the Diyuk that Tzorchei Aniyim overrides Tzorchei Rabim or
Tircha dRabim might not necessarily be inevitable.
1. I think the simple Pshat is that the Bartenura and Tiferes Yisrael are more
concise in their commentary on the Mishnah than Rashi was on his commentary on
the Gemara, so they did not tell us all the details about the Beis Sha'ar.
2. The big door to take things in and out of the Chatzer is not used very much
only when it is necessary to deliver goods etc. and for that short time the
people in the Chatzer will be careful not to do anything very private. The
small door is for people to go in and out of, so we make sure it is small so
that everyone outside will not be able to see things inside the Chatzer every
time one of the inhabitants comes in or goes out.
3. Rashi 7b DH vLo writes that the paupers come and scream and this way the
people inside the Chatzer hear them and have pity on them and want to give them
Tzedakah. Then they will come outside and give them money, but if we would rely
solely on the gatekeeper he, and the dwellers in the chotzer, would not always
want to let the Aniyim inside.
4. I have not yet found anyone who writes specifically about this question but
it seems probable to me (especially since nobody seems to say otherwise) that
four Amos is sufficient for this wall too. Rashi 5a in the Mishnah DH Mechayvin
writes that four amos is enough to remove Hezek Re'iyah. However, of course
this is referring to a wall in the middle of the courtyard between two
partners, while the wall of the Beis Sha'ar is to prevent people looking in
from Reshus ha'Rabim and these people might be riding high on a camel.
Nevertheless I have a hunch that when Rashi 7b in the Mishnah DH Kofin writes
that the Beis Sha'ar is to prevent people in the Reshus ha'Rabim from peeping
into the Chatzer, this is principally aimed at people standing just outside the
Chatzer and having a Shmooze there and in the process also observing everything
that is going on inside. In contrast the fellow riding past on his camel does
not have time to look closely at what is going on inside. In addition
we noted above that he does not go on the Tzidei Reshus ha'Rabim so he does not
really get very close to the Chatzer. Therefore I think that Kedei Gamal
vRochvo is not necssary.
Alex - wishing you a kesivah uChasimah Tova and a very happy and successful
New Year and looking forward to receiving lots more bomber Kashyos from you
and everyone else!
Kol Tuv,
Dovid Bloom
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