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Week 105 - Wednesday - 28 November 2001

BAVA BATRA: CHAPTER 2: MISHNAH 5

One must place a ladder four amot away from a dovecote, so that a weasel will not jump, and a wall four amot from a gutter so that he will be able to set up the ladder. One must place a dovecote fifty amot from a city; and a person may not build a dovecote within his own, unless he owns fifty amot in every direction. R. Yehudah says, The space for sowing four kors, the flight distance of a dove. And if he bought it, even if it is the space of sowing a quarter, it is confirmed.

Kehati

This mishnah continues to teach that a person is not even permitted to act within his own property if this might cause harm to others. As a general rule, a person is permitted to do whatever he wishes in his own property if at that time he causes no damage. This is so even if this will, at a later time, cause damage to another, as the other has the opportunity to take steps to prevent such damage. On the other hand, if what he does on his own property causes immediate damage to another's property, he is not allowed to do it, unless he takes proper precautions to prevent such damage. Otherwise he is like one standing in his own yard and shooting arrows into his neighbor's domain. (Rambam).

One must place a ladder four amot away from a dovecote - If A has a dovecote in his courtyard, close to the common wall between his and B's courtyards, should B wish to set up a ladder, he must ensure that it is at least four amot from the dovecote, so that a weasel will not jump - from the ladder to the dovecote and devour the doves; and a wall four amot from a gutter - Similarly, one may not set up a wall within four amot of another's roof gutter, so that he will be able to set up the ladder - So that the owner of the house will have access to his gutter should he wish to repair it or clean out any accumulated debris that prevents the water from flowing. One must place a dovecote fifty amot from a city - so that the doves do not devour either the seeds planted in the gardens or those spread out to dry on the roofs.

And a person may not build a dovecote within his own - field, unless he owns fifty amot in every direction - so that his doves will not cause loss to the fields of others. While doves can fly much further than fifty amot, this Tanna holds that they will feed enough in a radius of 50 amot and become sated. R. Yehudah says, The space for sowing four kors - A person may not build a dovecote on his own property unless he owns an area large enough to plant four kors of grain, i.e., a kor in each direction of the compass. The area for planting a single kor is a square approximately 274 amot by 274 amot, (approximately 75,000 square amot), and this is how much space the person must own in each direction from the dovecote, the flight distance of a dove - the distance a dove will fly before settling. The Halakhah does not follow R. Yehudah.

And if he bought it - However, if a person bought an existing dovecote together with the land, even if it is the space of sowing a quarter - i.e., even if there was only space around the dovecote to sow a quarter of a kab, which is an area equal to a square 10.2 by 10.2 amot, approximately 104 square amot, it - the dovecote - is confirmed - The buyer has the same right to raise doves in this cote as did the seller, the presumption being the seller had certainly come to some arrangement with his neighbors (Rashi), or his neighbors had absolved him of any responsibility for losses they might suffer (Gemara).

BAVA BATRA: CHAPTER 2: MISHNAH 6

A young pigeon which is found within fifty amot belongs to the owner of the dovecote; beyond fifty amot - it belongs to its finder. If found between two dovecotes, if close to one - it is his, if close to the other - it is his. Midway - the two divide it.

Kehati

This mishnah rightfully belongs in the second chapter of Tractate Bava Metzia, which deals with lost articles and their return. It is arranged here as a continuation of the discussion of the previous mishnah regarding dovecotes.

A young pigeon - which cannot yet fly, but hops about, which is found within fifty amot - of a dovecote, belongs to the owner of the dovecote - for it certainly fell out of that dovecote; beyond fifty amot - I.e., if there is no dovecote within fifty amot of the young pigeon, it belongs to its finder - For, as the Gemara states, a young pigeon cannot hop more than fifty amot, and since there is no dovecote within that distance, the bird must have been lost by a passerby. As the bird has no identifying feature, the owner gave up hope of recovering it and anyone who finds the bird may keep it.

If - the dove - is found between two dovecotes - within fifty amot of each, if close to one - it is his, if close to the other - it is his - i.e., it belongs to the one whose dovecote was closer. Midway – If it was found equidistant from two dovecotes, the two divide it - between them. The Gemara explains that this applies only where each dovecote contains the same number of doves. Where, however, the dovecote of A contains more birds than that of B, we assume that the bird came from the dovecote with the greater number of birds, and it belongs to A. This rule applies to both cases above so that if A has the greater number of birds, even if it was found closer to B's dovecote, it still belongs to A. The reason for this ruling is the general Talmudic principle that majority (rov) has a greater claim than proximity (karov).

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