Mishnah
Mishnah

Reference for Bava Batra 1:4

כֹּתֶל חָצֵר שֶׁנָּפַל, מְחַיְּבִין אוֹתוֹ לִבְנוֹתוֹ עַד אַרְבַּע אַמּוֹת, בְּחֶזְקַת שֶׁנָּתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁלֹּא נָתָן. מֵאַרְבַּע אַמּוֹת וּלְמַעְלָה, אֵין מְחַיְּבִין אוֹתוֹ. סָמַךְ לוֹ כֹתֶל אַחֵר, אַף עַל פִּי שֶׁלֹּא נָתַן עָלָיו אֶת הַתִּקְרָה, מְגַלְגְּלִין עָלָיו אֶת הַכֹּל, בְּחֶזְקַת שֶׁלֹּא נָתַן, עַד שֶׁיָּבִיא רְאָיָה שֶׁנָּתָן:

If a courtyard wall [of partners] fell, he (i.e., each one of the partners) is required to rebuild it until (a height of) four cubits, [this sufficing to prevent "gazing damages"]. He is deemed to have given unless it is proved that he has not given. [i.e., If one claims half the expenses and the other says that he has already given his share, he is believed, unless the claimant can bring witnesses that he claimed and the other did not give. For all know that each must give his share, and the other would not have built alone (without the first having contributed), but he would have brought him to beth-din.] From four cubits and above, he (the second) is not obligated (for half the additional height). If he adjoined another wall to it, even if he did not roof it, all is imposed upon him. [i.e., If after the first built well above four cubits and the second did not wish to assist him in it, he (the second) adjoined another wall to it in order to roof it from wall to wall — even if he had not yet roofed it, all is imposed upon him, he having made it evident that he favors the additional height.]

Explore reference for Bava Batra 1:4. In-depth commentary and analysis from classical Jewish sources.

Previous VerseFull ChapterNext Verse