The Jerusalem Talmud Jerusalem Talmud Bava Batra 1.5

English · Heinrich W. Guggenheimer

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; 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.

2

English · Heinrich W. Guggenheimer

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. They said in the House of Rebbi Yannai: the chicken coop also has four cubits.

3

English · Heinrich W. Guggenheimer

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.

4

English · Heinrich W. Guggenheimer

Rebbi Joḥanan in the name of Rebbi Eleazar ben Rebbi Simeon. If anybody does not want to participate in 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. But was it not stated: “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.

5

English · Heinrich W. Guggenheimer

Rav Huna said, a courtyard is divided by the number of doors. 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.” “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.” “Five apartments 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. 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.”

6

English · Heinrich W. Guggenheimer

“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].

Jerusalem Talmud Bava Batra 1.5

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