Halachos of the Daf - Bava Basra 100

Public Paths

A path that is used by the public is considered public property. Therefore, if a path is used by the public passes through a private field, the owner may not take away the path. Such a scenario can happen if this path was always used, even before this owner came along and bought this field.

Furthermore, if the owner of the field decided to provide a path for the public on the edge of his field instead of the one running through the middle of his field, the public may use both the old and new paths. Even though this seems unfair to the owner, for after all, he has provided an alternate means to walk across his field, nevertheless, they may use both.

The reason Chazal instituted such a law is because they were afraid that the owner would provide a circuitous route, which would inconvenience the public. Another reason is that even if the new path is straight, it will still inevitably inconvenience some people. Since people from both sides of the field use this path, if it’s moved to the right, it will trouble those who come from the left, and vice versa.

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Avraham Walking the Land

By: Reb Avi Lebowitz

The Gemora cites a braisa: If one walked in it through the length and width of it, he has acquired the place where he walked; these are the words of Rabbi Eliezer. The Chachamim, however, say: Walking accomplishes nothing unless he makes a propriety act.

Rabbi Elozar said: What is Rabbi Eliezer’s reason? It is written: (Hashem said to Avraham:) Arise walk through the land in the length and width of it, for I will give it to you. [Evidently, he acquired it through walking.] The Chachamim, however, hold that there, Hashem told him that (since He loved him), that his children will be able to conquer the land with ease (for they will not be accused of being thieves).

There are several explanations in the Chachamim’s opinion.

1. Rashbam - It is a way to demonstrate to the Satan that Eretz Yisroel belonged to Avraham’s descendants and they cannot be accused of stealing it.

2. Ramban in Lech Lecha explains that it was a ma'aseh avos siman l'banim. It was symbolic of the Jews taking over Eretz Yisroel in the future.

3. Rambam and Kesef Mishneh in hilchos Bikkurim write that Avraham became the av hamon goyim - - “the father of all nations,” which means that all the nations of the world could theoretically have an equal claim on Eretz Yisroel. Based on this, we can explain that Avraham had to display ownership over it prior to his name being changed to Avraham.

4. It was a psychological acquisition. The purpose was to make the children of Avraham feel that Eretz Yisroel was theirs, so that they would be moser nefesh to conquer it in the future.

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