Mishnah
Mishnah

Related%20passage for Bava Batra 1:3

הַמַּקִּיף אֶת חֲבֵרוֹ מִשְּׁלשׁ רוּחוֹתָיו, וְגָדַר אֶת הָרִאשׁוֹנָה וְאֶת הַשְּׁנִיָּה וְאֶת הַשְּׁלִישִׁית, אֵין מְחַיְּבִין אוֹתוֹ. רַבִּי יוֹסֵי אוֹמֵר, אִם עָמַד וְגָדַר אֶת הָרְבִיעִית, מְגַלְגְּלִין עָלָיו אֶת הַכֹּל:

If one surrounded his neighbor (with fields) from three sides, and he fenced the first, the second, and the third, he (the neighbor) is not obligated (to share the fencing expenses), [for he (the first) did not benefit him at all, his land still being open. But if he (the first) fenced the fourth side, in which instance he definitely benefits him, he (the neighbor) is obligated to pay, nominally, half the cost of reeds (i.e., of a reed fence), but not half of his (the first's expenses. For he (the neighbor) can say to him: For me, a reed partition is sufficient, and I do not want the expense of a stone fence.] R. Yossi says: If he (the first) arose and fenced the fourth (side), all is imposed upon him (the neighbor) [that is, half of the actual fencing expenses. And this is the difference between the first tanna and R. Yossi. The halachah is in accordance with R. Yossi. And it goes without saying that if the surrounded one fenced the fourth side, making it evident that he favors his neighbor's fencing, all is imposed upon him, and he pays half of his neighbor's expenses.]

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