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BAVA BATRA: CHAPTER 6: MISHNAH 5

One who has a cistern within his fellow's house, enters at the time that it is customary for people to enter, and leaves at the time that it is customary for people to leave. And he may not bring in his cattle to water from his cistern, but fills and waters outside. And this one makes himself a lock and this one makes himself a lock.

Kehati

One who has a cistern - with water within his fellow's house - as, for example, when he bought the cistern. In such a case the owner of the cistern has the right to enter the other's house, as we saw before (4: 2, 9 - in accordance with R. Akiva), but he cannot enter whenever he wishes. Instead he enters at the time that it is customary for people to enter, and leaves at the time that it is customary for people to leave - i.e., only during the daytime, and he may not trouble the other to open his house during the night. And he may not bring in his cattle to water from his cistern - He has no right to take his animals through the other person's house to water them at his cistern, but fills and waters outside - Instead, he draws water from the cistern and takes it outside the house, where he may water his animals, for the right of entry does not include the animals of the owner of the cistern (Hameiri).

And this one makes himself a lock and this one makes himself a lock - Both the owner of the cistern and the owner of the house place their own locks on the cistern, the former so that the owner of the house does not draw water from the cistern, and the latter so that the owner of the cistern does not enter the house without his knowledge, so that people will not spread any malicious gossip about the wife of the owner of the house (Nimukei Yosef).

BAVA BATRA: CHAPTER 6: MISHNAH 6

One who has a garden within the garden of his fellow, enters at the time that it is customary for people to enter, and leaves at the time that it is customary for people to leave. And he may not bring in merchants, and he may not enter from it to another field. And the outer one sows the path. If they gave him a path by the side with the consent of both, he may enter whenever he wishes and he may leave whenever he wishes, and he may bring merchants into it, but he may not enter from it to another field; and neither this one nor that one is permitted to sow it.

Kehati

One who has a garden within the garden of his fellow - and who thus has the right to go through the other's garden to enter his own, as with the cistern in the previous mishnah, or where two joint owners divided up their joint property and the owner of the outer garden agreed to give the owner of the inner garden access to it, the owner of the inner garden enters at the time that it is customary for people to enter, and leaves at the time that it is customary for people to leave - as his act of entry harms the outer one's garden, he may only go through that garden at times normal for people entering and leaving their gardens (Rashbam; Hameiri), and he may not bring in merchants - he is not permitted to bring in merchants in order to sell his produce, and he may not enter from it to another field - he may not use the path as a short cut, for his right to use the path through his neighbor's field is limited to working his garden.

And the outer one sows the path - The owner of the outer garden has the right to sow the path leading to the other's garden, because he certainly did not give an unrestricted license to the path limiting himself from using it for his own purposes. If they - If a Bet Din gave him a path by the side - allocated to the owner of the inner garden a path that runs along the side of the outer garden and not through the middle, with the consent of both - where both neighbors agreed to this arrangement, he may enter whenever he wishes and he may leave whenever he wishes - because he causes no damage by using this path, and he may bring merchants into it - He has the right to bring in merchants to sell his produce, but he may not enter from it to another field - But be may not use the path to his garden as a short cut, as he was not granted access for that purpose, and neither this one nor that one - the owner of the outer and the owner of the inner garden is permitted to sow it - as the reason for the path being placed at the side was to offer access to the inner garden, and for no other purpose.

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