Chasidut for Bava Metzia 10:3

הַבַּיִת וְהָעֲלִיָּה שֶׁל שְׁנַיִם שֶׁנָּפְלוּ, אָמַר בַּעַל הָעֲלִיָּה לְבַעַל הַבַּיִת לִבְנוֹת, וְהוּא אֵינוֹ רוֹצֶה לִבְנוֹת, הֲרֵי בַעַל הָעֲלִיָּה בּוֹנֶה אֶת הַבַּיִת וְדָר בְּתוֹכוֹ עַד שֶׁיִּתֶּן לוֹ אֶת יְצִיאוֹתָיו. רַבִּי יְהוּדָה אוֹמֵר, אַף זֶה דָּר בְּתוֹךְ שֶׁל חֲבֵרוֹ, צָרִיךְ לְהַעֲלוֹת לוֹ שָׂכָר, אֶלָּא בַעַל הָעֲלִיָּה בּוֹנֶה אֶת הַבַּיִת וְאֶת הָעֲלִיָּה וּמְקָרֶה אֶת הָעֲלִיָּה, וְיוֹשֵׁב בַּבַּיִת עַד שֶׁיִּתֶּן לוֹ אֶת יְצִיאוֹתָיו:

A house and an upper story belonging to two, [the house to one and the upper story to the other], which fell — If the owner of the upper story told the owner of the house to build [the wall and the lower ceiling, which he is obliged to build], and he refused, the owner of the upper story builds the house and lives in it until he (the other) pays him his expenses. [He builds the house and the lower ceiling and dwells in it until he recovers his expenses, and then he vacates it and builds his upper story.] R. Yehudah says: This one, too, lives in his neighbor's (dwelling), and he must pay him! [i.e., If so, when the expenses are returned to the upper story dweller, he is found to have lived all of these days in his neighbor's dwelling. And even though the other (the house owner) loses nothing thereby, for he would not have built in any event, still, the upper story dweller benefits; for if not for this house, he would not have a place to live. And R. Yehudah holds that if one benefits from another and the other loses nothing thereby, the first is (nonetheless) liable.] Rather, the upper story dweller builds the house and the upper story, and he roofs in the upper story and dwells in the house until he recovers his expenses. [He dwells in the lower house, and he is not regarded as one benefitting from another, for his upper story is ready for him to live in. And the other (the house owner) loses nothing thereby, for he would not have built it in any event.]

Explore chasidut for Bava Metzia 10:3. In-depth commentary and analysis from classical Jewish sources.