MISHNAH: Condominium owners who want to make a separation in the courtyard build the wall in the middle. At a place where commonly one builds with unhewn stones, or hewn stones, or half-bricks 2:11 the word means “wood splinter”. , or bricks, everything follows local custom. For unhewn stones, each partner gives three handbreadths. For hewn stones, each gives two and one half handbreadths. For half-bricks, each gives two handbreadths. For bricks, each gives one and a half handbreadths. Therefore, if the wall collapsed the place and the stones belong to both of them.
HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.
MISHNAH: Similarly for a vegetable garden; a place which customarily is fenced in, he must fence in. But in an agricultural area, a place which customarily is not fenced in, one does not obligate him. But if he wishes, he builds inside his land and makes a façade to the outside; therefore if the wall collapses both land and stones are his. But if they did it with mutual agreement they build the wall in the middle and make façades on both sides; therefore if the wall collapses both land and stones belong to both of them.
HALAKHAH: “Similarly for a vegetable garden,” etc. It was stated: For a vegetable garden, whether it be a place where it is customary to build a fence, or a place where it is not customary to build a fence, one forces. But in an agricultural area, at a place where it is customary to build a fence one forces; where it is not customary to build a fence one does not force.
MISHNAH: Somebody’s [property] surrounded another’s on three sides. If he fenced in the first, and the second, and the third sides, one does not hold [the other] liable. Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him. If the wall of a courtyard collapsed, one obligates him to rebuild up to four cubits. There is a presumption that he gave, unless he brings proof that he did not give. Higher than four cubits one does not obligate him, but if he built an adjacent wall, even though he did not put on roofing, one rolls everything over to him. There is a presumption that he did not give, unless he brings proof that he gave.
HALAKHAH: “Somebody’s [property] surrounded another’s,” etc. Halakhah 5: “If the wall of a courtyard collapsed,” etc. Rav Ḥuna said, only at the rate he is building now. For if he built it arched, he had to build arched. But here if it was built arched and he built it with bricks, he can collect the cost of arches, and if it should collapse, he has to rebuild it.
“Rebbi Yose said, if the latter then fenced in the fourth side, one rolls everything over to him.” Rav Ḥuna said, one rolls over the length of the wall to him.
So far lengthwise. What about its width? Rebbi Nasa said, the wall of the courtyard is only made to save for him. They intended to say that if he wanted to make a roof, he cannot make a roof. Rebbi Yose ben Rebbi Abun said, explain it by his beams.
MISHNAH: One forces him to build a porter’s lodge and a door for the courtyard 11:17 , the condominium can force an absentee landlord to contribute to this but to nothing else. . Rabban Simeon ben Gamliel says, not all courtyards are appropriate for a porter’s lodge. One forces him to build a wall for the town with double doors and bolt. Rabban Simeon ben Gamliel says, not all towns are appropriate for a wall. How long does he have to stay in a town to be like an inhabitant of the town? Twelve months; if he bought an apartment he immediately is an inhabitant of the town.
HALAKHAH: “One forces him to build,” etc. Rebbi La said: So it is; the way of a provident person is to build himself a wall, as it is said 10:15 . : “The wealth of the rich is the fortification of his might, etc.” It was stated 8:7 (Notes 105–106 ), Tosephta Peah 4:9 . : “If he stayed there for thirty days he is like the townspeople for the charity chest, for clothing six months, for assessments and penalties 1:1, Note 84 . These are extraordinary taxes imposed by the imperial government. twelve months.” After all these, was twelve months said only for assessments and penalties? Rebbi Yose ben Rebbi Abun said for Passover wheat, both to take and to give 10:1 ) or to receive welfare support in this matter. .
MISHNAH: One does not divide the courtyard unless there be four cubits for each one, nor the field unless there be nine qab for each one is short for bet qab, the area to be sown by one qab, 1/6 se’ah, of seed grain. The bet se’ah is defined as 2500 square cubits. Therefore, the bet qab is 416 2/3 square cubits. The rules will prevent the division of estates from resulting in plots too small to be worked on. For the majority, the minimal size of an inherited field is 3750 square cubits. ; Rebbi Jehudah says, nine half qabbim for each one. Not the vegetable garden unless there be half a qab for each one; Rebbi Aqiba says, the area of a quarter [ qab ]. Not the dining hall, nor the storage room, nor the dovecote, nor the stole, nor the bathhouse, nor the olive press unless there is one for each of them. This is the principle: Anything which is divided and retains its name one divides, otherwise one does not divide. When is that? If the two of them do not agree. However, if both of them want it, they may divide even if it is less. But Holy Scripture they should not divide even if both of them want it.
HALAKHAH: “One does not divide the courtyard,” etc. Rebbi Joḥanan said, the four cubits which they mentioned are outside the four cubits of the doors. Bar Kappara stated thus: One does not subdivide a courtyard unless there be eight cubits for each party. Rebbi Joḥanan said, the four cubits which they mentioned are not acquired by him but they are for him to park his animal temporarily and unload his package. Rebbi Jonathan asked: did they only say for him to park his animal temporarily and unload his package temporarily? It was found stated: also the circular enclosure of a cistern has four cubits 11:15 . The area around the common cistern has to be kept clear so that the dwellers in the courtyard have free access and are able to put their pails there. Both the cistern and the circular area surrounding it clearly are condominium property; there is no basis for R. Jonathan’s question. . They said in the House of Rebbi Yannai: the chicken coop also has four cubits.
5:1, Notes 16–20 . The courtyard is there for entering and leaving the houses. Any other use is possible only if it does not disturb other inhabitants of the courtyard. Rebbi Joḥanan in the name of Rebbi Banaiah. Everything the co-owners can prevent one another from doing in the courtyard except laundering because of the honor of the daughters of Israel. Rebbi Mattaniah said, this is at a place where women do the laundering, but not at a place where men do the laundering. And what was said, except laundering because of the honor of the daughters of Israel, only that in his own four cubits he may prevent it. And what was said, everything the co-owners can prevent one another from doing in the courtyard, in the entire courtyard except in the other person’s own four cubits where he cannot prevent him. But if the place was at an incline, even in the other person’s own four cubits he can prevent him, since he may tell him: you are pouring out in your domain but it flows down into mine.
7:11, 24d lines 12–16. Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon. If anybody does not want to participate in an ‘eruv 19:26: “Nobody shall leave his place on the Sabbath day.” It is agreed that this implies that one may carry things at will at “one’s place”, i. e., in one’s house, and that one may not carry in the public domain. As a matter of principle, it is agreed that a condominium space, such as a courtyard, does not qualify as “one’s place.” In pharisaic interpretation, this is only a rabbinic interpretation; it is not biblical. As a consequence, there is a rabbinic possibility to turn the courtyard into a common space by collecting contributions to symbolically prepare food for a common meal of all dwellers around the courtyard and depositing it in one of the houses. This is called “ ‘eruv (mixing) of courtyards”. The whole idea of ‘eruv is rejected by Sadducees who consider reliance on it as a breach of the biblical Sabbath prohibition. It is similarly possible to turn a dead-end alley into a common courtyard of all dwellers there by affixing either a vertical lath or an horizontal beam at the entrance to the alley and then treating the alley and all courtyards which open into it as one large courtyard where then carrying is permitted. But if even one dweller in a courtyard or a dead end alley rejects the entire idea of ‘eruv, no ‘eruv can be made. The presence of Gentiles is irrelevant for purposes of making an ‘eruv. one enters his house and makes the ‘eruv against his will. But was it not stated: if he does not want to make an ‘eruv, if he does not refuse one enters his house and makes the ‘eruv against his will? Because he does not refuse. But not if he does refuse impossible for the entire dead end alley. No Sadducees are known from after the time of the war of Bar Kokhba except Samaritans. . But was it not stated 11:18 ; Babli ‘Eruvin 80a. : “The dwellers at a dead end alley may force one another to make a lath or a beam for the dead end alley.” Rebbi Yose ben Rebbi Abun said, not that he refused but out of ill-will he does not want to participate in an ‘eruv to refuse anything which does not hurt himself but will benefit others. .
Rav Huna said, a courtyard is divided by the number of doors 2:1) condominium ownership in the courtyard is determined by the number of doors opening into it from each house. . Rav Ḥisda said, the baraita refers to manure. It was stated as follows: “For the cooking stove one handbreadth, for manure according to doors, for the covered walkway according to people.11:12 . The manure mentioned here is not animal excrement but the garbage thrown into the courtyard from the houses, which is broken by people stepping on it and in time transformed into material which can be used as fertilizer. From time to time this is swept together and then divided up among the different owners. Since one assumes that every door is used to throw garbage into the courtyard, it is reasonable to distribute the fertilizer proportional to the number of doors. The “covered walkway”, ἐξέδρα, should be read as “quartering”, ξενία (אכסניא), soldiers to be given quarters by the population. They are to be given quarters proportional to the number of dwellers in each house. ” 11:21 ; Babli Bava meṣi‘a 108a . Both Babylonian sources speak of “5 vegetable gardens.” If a water counduit has to be repaired, every user has to pay for the repairs up to the place where he syphons off the water. “Five courtyards which were using a water conduit and it broke. All of them repair together with the uppermost. The uppermost repairs at its place; the others with the second one. The second one repairs at its place; the lowest one repairs with all of them and at its place.” 11:20 . Since a multi-storey house whose ground floor crumbles must be torn down, it is clear that one must read with the Tosephta בִּיב “pipe, sewage pipe” instead of בַּיִת “house, ground floor apartment.” Every apartment which uses the sewer is required to contribute to its repair from the point of its connection to the sewage system. “Five apartments 1:6, Note 200 . One should read with E מִשְׁתַּמְּשׁוֹת בְּבִיב “they use the same sewer ”. are built above a house which broke. All of them repair with the lowest. The lowest repairs at its place; the others with the second one. The second one repairs at its place; the uppermost repairs with all of them and at its place. refers to a crumbling sewer system, not a crumbling house. If it was a storm sewer they can prevent it being used for laundry. For laundry they cannot prevent it being used as storm sewer.”
“But Holy Scripture they should not divide even if both of them want it.” Rebbi Hoshaia said, for example, Psalms and Chronicles. But Psalms and Psalms one may divide. Rebbi Uqba said, even Psalms and Psalms one may not divide. Since one may not divide, each of them comes and reads in the other’s [book].