Commentary for Bava Batra 1:1
הַשֻּׁתָּפִין שֶׁרָצוּ לַעֲשׂוֹת מְחִצָּה בֶּחָצֵר, בּוֹנִין אֶת הַכֹּתֶל בָּאֶמְצַע. מְקוֹם שֶׁנָּהֲגוּ לִבְנוֹת גָּוִיל, גָּזִית, כְּפִיסִין, לְבֵנִים, בּוֹנִים, הַכֹּל כְּמִנְהַג הַמְּדִינָה. בְּגָוִיל, זֶה נוֹתֵן שְׁלֹשָׁה טְפָחִים, וְזֶה נוֹתֵן שְׁלֹשָׁה טְפָחִים. בְּגָזִית, זֶה נוֹתֵן טְפָחַיִם וּמֶחֱצָה, וְזֶה נוֹתֵן טְפָחַיִם וּמֶחֱצָה. בִּכְפִיסִין, זֶה נוֹתֵן טְפָחַיִם, וְזֶה נוֹתֵן טְפָחַיִם. בִּלְבֵנִים, זֶה נוֹתֵן טֶפַח וּמֶחֱצָה, וְזֶה נוֹתֵן טֶפַח וּמֶחֱצָה. לְפִיכָךְ אִם נָפַל הַכֹּתֶל, הַמָּקוֹם וְהָאֲבָנִים שֶׁל שְׁנֵיהֶם:
If partners wished to make a partition in a courtyard, they build the wall in the middle. [The "courtyard" here is one for which there is no law of partition, there not being four cubits for each of the partners, for which reason we have "if they wished," i.e., It is only if they both wished it that they do so, but one cannot compel the other to do so. For in a courtyard subject to the law of partition, each one can compel his neighbor to divide. And now we are being apprised that since they wished to divide and each one appropriated the section accorded him by mutual consent, they build the wall in the middle, each providing from his section half the space of the thickness of the wall.] In a place where it was the custom to build with untrimmed stones, planed stones, laths, [half (the width) of a brick, one and a half handbreadths to a brick's three handbreadths], or bricks, they do so — all according to the custom of the land ["all," to include a place where it was the custom to make a partition with vine sprouts and tree branches. The custom of the land is followed so long as the partition is thick enough to keep each from looking into his neighbor's domain, for "gazing damage" is called damage. And the height of the wall or the partition may not be less than four cubits.] For (a partition of) untrimmed stone, each provides three handbreadths. For planed stones, each provides two and a half handbreadths. [A wall of untrimmed stones requires a handbreadth more than a wall of planed stones to allow for rough, projecting stone heads.] For laths, each provides two handbreadths. For bricks, each provides one and a half handbreadths. [A lath wall is a handbreadth thicker than a brick wall, for a lath is placed on either side, three handbreadths, and a handbreadth (is left) in the middle, where clay is placed to join them. The thickness of a brick wall is that of a whole brick, three handbreadths, no clay being required in the middle.] Therefore, if the wall fell, the space and the stones belong to both. [We are hereby being apprised that even if the stones fell into the domain of one of them, or if one of them came forward and cleared them into his domain — I might think that "the burden of the proof is upon him who would exact (payment) from his neighbor"; we are, therefore, apprised otherwise.]
Bartenura on Mishnah Bava Batra
English Explanation of Mishnah Bava Batra
The first mishnah of Bava Batra deal with neighbors who share a courtyard. The mishnah is concerned with the building of a wall to separate the neighbors and with the ability of one neighbor to force the other neighbor to share the costs of building the wall.
Bartenura on Mishnah Bava Batra
English Explanation of Mishnah Bava Batra
1) If two partners wish to make a partition in a courtyard they build the wall in the middle.
2) In a place where the custom is to build of unshaped stones, or of hewn stones, or of half-bricks, or of whole bricks, so they should build it—everything is according to local custom.
a) [If the wall is made of] unshaped stones this one supplies [from his property] three handbreadths, and this one supplies [from his property] three handbreadths.
b) [If the wall is made of] hewn stones this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths.
c) [If the wall is made of] half-bricks this one supplies [from his property] two handbreadths, and this one supplies [from his property] two handbreadths.
d) [If the wall is made of] whole bricks this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths.
Bartenura on Mishnah Bava Batra
English Explanation of Mishnah Bava Batra
In the time of the mishnah most homes did not have openings to the street but rather would open onto a common courtyard. The courtyard was used for all sorts of purposes and was the common property of the owners of the houses surrounding it. Our mishnah states that if the two partners wish to build a wall separating the courtyard they should build the wall in the middle and when they do, they should build the wall with the materials customary used in their place. There are four kinds of building materials mentioned in the mishnah, and the mishnah lists each one.
Clauses 2a through 2d all state how much of a person’s property he should allocate for the thickness of the wall. This space will depend on the thickness of the building materials. Unshaped stones are (on average) 6 handbreadths wide and therefore each partner must allocate three handbreadths of his property for the building of the wall. Hewn stones are only 3 handbreadths wide and therefore each partner allocates one and a half handbreadths. A whole brick is 3 handbreadths wide, and therefore each partner allocates one and a half handbreadths. Half bricks are one and half handbreadths wide. In order to make a wall with them they would use two half-bricks, placing mortar in between the two. The total width of the wall would be four handbreadths, and therefore each partner would allocate two handbreadths.
Bartenura on Mishnah Bava Batra
English Explanation of Mishnah Bava Batra
• Mishnah one: If one partner wished to build with half-bricks and one partner with whole bricks, and the custom of the land was to use hewn stone, what type of wall should they build?
• What laws in modern society are similar to these types of laws? How are they different?
If two partners wish to make a partition in a courtyard they build the wall in the middle.
In a place where the custom is to build of unshaped stones, or of hewn stones, or of half-bricks, or of whole bricks, so they should build it everything is according to local custom. [If the wall is made of] unshaped stones this one supplies [from his property] three handbreadths, and this one supplies [from his property] three handbreadths. [If the wall is made of] hewn stones this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths. [If the wall is made of] half-bricks this one supplies [from his property] two handbreadths, and this one supplies [from his property] two handbreadths. [If the wall is made of] whole bricks this one supplies [from his property] one and a half handbreadths, and this one supplies [from his property] one and a half handbreadths.
The first mishnah of Bava Batra deal with neighbors who share a courtyard. The mishnah is concerned with the building of a wall to separate the neighbors and with the ability of one neighbor to force the other neighbor to share the costs of building the wall.
In the time of the mishnah most homes did not have openings to the street but rather would open onto a common courtyard. The courtyard was used for all sorts of purposes and was the common property of the owners of the houses surrounding it. Our mishnah states that if the two partners wish to build a wall separating the courtyard they should build the wall in the middle and when they do, they should build the wall with the materials customary used in their place. There are four kinds of building materials mentioned in the mishnah, and the mishnah lists each one.
Clauses 2a through 2d all state how much of a person’s property he should allocate for the thickness of the wall. This space will depend on the thickness of the building materials. Unshaped stones are (on average) 6 handbreadths wide and therefore each partner must allocate three handbreadths of his property for the building of the wall. Hewn stones are only 3 handbreadths wide and therefore each partner allocates one and a half handbreadths. A whole brick is 3 handbreadths wide, and therefore each partner allocates one and a half handbreadths. Half bricks are one and half handbreadths wide. In order to make a wall with them they would use two half-bricks, placing mortar in between the two. The total width of the wall would be four handbreadths, and therefore each partner would allocate two handbreadths.