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Week 105 - Sunday - 25 November 2001

BAVA BATRA: CHAPTER 1: MISHNAH 5

We compel him to build a gate-house and a door to the courtyard. R. Shimon ben Gamliel says, Not every courtyard needs a gatehouse. We compel him to build a wall, double doors, and a bolt for the city. R. Shimon b. Gamliel says, Not every city needs a wall. How long must a person be in a city to be considered as the residents of the city? Twelve months. If he bought a residence there, he is immediately considered as the residents of the city.

Kehati

This mishnah teaches us that all the joint owners of a courtyard must contribute toward the essential expenses of the courtyard, so too must the residents of a city bear the burden of its essential expenditures.

We compel him - I.e., each of the residents of a courtyard compels the other, to build - To participate in the costs of the building of a gate-house and a door to the courtyard - A gatehouse is located at the entrance to the courtyard and is used by a guard who prevents passersby from entering the courtyard; the door refers to the door of the courtyard's entrance which locks it at night. R. Shimon ben Gamliel says, Not every courtyard needs a gate house - Only those courtyards adjacent to a public thoroughfare need a gate-house, while those not adjacent to a public thoroughfare do not require a gatehouse (baraita in the Gemara). The First Tanna, on the other hand, holds that every courtyard needs a gate-house, for passersby sometimes push their way in and enter a courtyard (Gemara). The halakhah follows the First Tanna (Rambam, Hil. Shekhenim 5:1).

We compel him - Every resident of a city, to build - together with the other residents, a wall, double doors, and a bolt for the city - To protect and defend the city. R. Shimon ben Gamliel says, Not every city needs a wall - Only those cities on the border need a wall, but those that are not near the border do not need one (baraita in the Gemara). According to the First Tanna, however, every city needs a wall, because marauding troops may come upon any city. The halakhah follows the First Tanna. (Rambam, Hil. Shekhenim 6:1; note also Tosefot Yom Tov).

How long must a person be in a city to be considered as the residents of the city - And hence to be required to share the burden of the public expenditures. Twelve months - After a person has lived in a city for twelve months, he must pay toward all the public expenditures, i.e., he must pay local taxes. If he bought a residence there - Some say that this applies even if he rented one there for a year (Bet Yosef, in the name of some Aharonim) - he is immediately considered as the residents of the city - and must pay toward all the city expenditures.

BAVA BATRA: CHAPTER 1: MISHNAH 6

A courtyard is not partitioned unless there are four amot for this one and four amot for this one; nor a field unless there are nine kabs for this one and nine half-kabs for this one. R. Yehudah says, Unless there are nine half-kabs for this one and nine half-kabs for this one; nor a garden, unless there is a half-kab for this one and a half-kab for this one. R. Akiva says, A quarter-kab; nor a hall, nor a compartment, nor a dovecote, nor a tallit, nor a bathhouse, nor an olive press - unless there is enough for this one and for this one. This is the general rule: Whatever can be divided and still retain its name may be divided, and if not, it is not divided. When is this so? When they do not both agree, but if both agree, even less than this may be divided. In the case of Holy Scriptures, even if both agree, they may not divide.

Kehati

This mishnah teaches us a general rule as to when joint owners can force each other to divide up joint property. We noted at the beginning of the chapter that certain courtyards are not subject to partition, and the source of this is the present mishnah.

A courtyard is not partitioned - The joint owners of a courtyard cannot compel one another to divide up the courtyard, unless there are four amot for this one and four amot for this one - Four square amot for each of the joint owners, in addition to the four amot at the entrance of each home which opens out to the courtyard (Gemara); nor a field - Nor can the joint owners of a field force each other to divide up the field, unless there are nine kabs for this one and nine kabs for this one - So that each of them will have an area large enough to plant nine kabs of grain (3750 square amot).

R. Yehudah says, Unless there are nine half-kabs for this one and nine half-kabs for this one - R. Yehudah holds that if each person receives an area large enough to plant four and a half kabs of grain (1875 square amot), each can force the other one to divide the field. The Gemara explains that R. Yehudah does not differ from the First Tanna, but in his district the land was very fertile and a plot of land in which four and a half kabs of grain were planted yielded as much as did land planted with nine kabs of grain in the district of the Sages (i.e., the First Tanna); nor a garden - Nor do joint owners of a vegetable garden divide up the garden between them, unless there is a half-kab for this one and a half-kab for this one - The garden must be large enough for each to be able to plant half a kab of seeds (208 1/3 square amot).

R. Akiva says, a quarter-kab - The garden must be large enough for each to be able to plant a quarter of a kab of seeds (104 1/6 square amot), nor a hall - Joint owners cannot force one another to divide up a hall; nor a compartment - Some interpret this to mean a small tower in a garden (Tiferet Yisrael); nor a dovecote, nor a tallit - A wide outer garment in which they used to wrap themselves; nor a bathhouse, nor an olive press - where the olives are pressed and the oil is extracted, unless there is enough for this one and for this one - so that each joint holder, after the division, will have an item still bearing its original name.

This is the general rule: Whatever can be divided and still retain its name - Anything jointly owned, whose separate parts even after division will still be called by the original descriptive title, such as a courtyard, garden, hall, garment, etc. may be divided - Each joint owner can compel the other to divide it. And if not - if there is not sufficient for each to have a portion which can be called by its original name, it is not divided - neither partner may force the other to share-out the jointly owned item. Nonetheless, each can say to the other, "either buy my share, or I will buy your share, as I do not want to continue our partnership" (Gemara).

When is this so - that they may not divide up a common object whose dimensions are smaller than those listed above? When they do not both agree - if one of the owners refuses to divide up the object; but if both agree - if both owners agree to the division, even less than this - Even if each will receive less than the measure listed above, it may be divided - They may divide up the jointly owned object.

In the case of Holy Scriptures - If the Torah, Nevi'im, and Ketuvim are all bound in a single volume, even if both - partners - agree - to divide these between them, they may not divide - they are forbidden to divide these, because it is disrespectful to cut up the Holy Scriptures when they are all bound in the same volume. On the other hand, if two people are joint owners of a number of separate volumes of the Holy Scriptures, they may divide the separate volumes between them.

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