Mishnah
Mishnah

Related%20passage 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.]

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