Jan 222017

Study Guide Bava Metzia 117

The gemara discusses various issues concerning those who share a house (one upstairs one downstairs) as to who is responsible for fixing a leak in the limestone that covers the floor upstairs.  Does is connect to a basic argument relating to whose responsibility is it to prevent future damage – the one who is damaging or the one whose items may become damaged?  If a house falls down and the lower owner does not want to rebuild, what options does the upper floor owner have?   Is there a pattern that can be found in various halachic decisions that Rabbi Yehuda made that he holds that one cannot benefit from money/property of another without his consent?   In rebuilding a house that fell apart, the upstairs and downstairs owners much each be careful to use the same type bricks/ceilings/height/number of windows as before unless the change he makes will not negatively affect the other owner.  The gemara discusses which changes are good/bad for each owner.  If one’s tree fell into the street, the tree owner is not responsible for damages.  If it fell into another’s property, what are the rights of the neighbor to the debris?  If one clears it up, can one insist to get paid by the owner?

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