If one owns a well inside his neighbor's house (so that he must pass through the house to reach the well), he enters at a time when men are wont to enter, [i.e., in the daytime, so that he does not constrain his neighbor to arise at night], and he leaves when men are wont to leave. And he does not bring his animal in to give it to drink from his well; but he fills up (from his well) and gives it to drink outside. And this one makes a lock for himself, [so that the house owner not steal water from his well], and that one makes a lock for himself, [at the entrance to the well, so that the other (the well owner) will not be able to draw water without the house owner's knowledge and will not come to his house unless he is there. (This, to prevent infidelity.)]
Bartenura on Mishnah Bava Batra
בשעה שבני אדם נכנסים – during the daytime and not to trouble him to get up at night.
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English Explanation of Mishnah Bava Batra
Introduction
The mishnah which we will learn today deals with a person who owns a cistern behind another person’s property and hence requires a passage through the other’s property to get to his cistern or garden. The mishnah provides rules to both the property owner and the cistern owner to ensure that the latter receives access without trespassing on the former.
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Bartenura on Mishnah Bava Batra
זה עושה לו פותחת – so that the owner of the house will not steal from his cistern, and the owner of the house makes another lock on the same door that opens to the well, so that he cannot come to draw water without the knowledge of the owner. And, he will not ever come into the house of the owner of the house other than if the owner of the house is at home, and they established this because of the suspicions of his wife.
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English Explanation of Mishnah Bava Batra
If he had a cistern behind his fellow’s house, he may go in and out only at the time when others are accustomed to go in and out. And he may not bring in his cattle and let them drink from his cistern, rather he must draw water and let them drink outside. He and the owner of the house should each make themselves a lock. This mishnah discusses the case where a person owns a cistern that exists behind another person’s property. In such a case the person is allowed to enter the other’s property in order to reach his cistern, but he must do so at the time when people customarily draw water from their cisterns. He is further restricted from bringing his cattle or other animals onto the other’s property. Rather he must draw the water and carry it outside. Finally, the mishnah demands that each of them make a lock. The cistern owner should make a lock for the cover of the cistern so that the house owner doesn’t steal any water. The house owner should make a lock on his door so that the cistern owner doesn’t enter when he is not allowed to.
