Bava Batra 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.]

וְכֵן בְּגִנָּה, מְקוֹם שֶׁנָּהֲגוּ לִגְדֹּר מְחַיְּבִין אוֹתוֹ. אֲבָל בְּבִקְעָה, מְקוֹם שֶׁנָּהֲגוּ שֶׁלֹּא לִגְדֹּר אֵין מְחַיְּבִין אוֹתוֹ, אֶלָּא אִם רוֹצֶה כּוֹנֵס לְתוֹךְ שֶׁלּוֹ וּבוֹנֶה, וְעוֹשֶׂה חֲזִית מִבַּחוּץ. לְפִיכָךְ אִם נָפַל הַכֹּתֶל, הַמָּקוֹם וְהָאֲבָנִים שֶׁלּוֹ. אִם עָשׂוּ מִדַּעַת שְׁנֵיהֶן, בּוֹנִין אֶת הַכֹּתֶל בָּאֶמְצַע, וְעוֹשִׂין חָזִית מִכָּאן וּמִכָּאן. לְפִיכָךְ אִם נָפַל הַכֹּתֶל, הַמָּקוֹם וְהָאֲבָנִים שֶׁל שְׁנֵיהֶם:

And so with a garden, a place where the custom is to fence, he is obligated to do so. [This is the intent: And so with a garden. It is regarded as a place that it is the custom to fence, and one who took a place there is required to fence it.] But in a valley, a place where the custom is not to fence, he is not obligated to do so. [A valley is regarded as a place where the custom is not to fence, and he is not obligated to do so.] But if he (his neighbor) wishes (to fence) he moves into his (own domain) and builds and makes a border-mark on the outside [a sign that the wall is his. The sign is described in the Gemara. He coats a cubit of the top of the wall with lime on his neighbor's side, and not his own, lest his neighbor coat his side, too, and claim that the wall belongs to both. But when he coats it only on his neighbor's side and not on his own, this is a sign that the wall is his; and if his neighbor peels it, it is noticeable (as having been peeled)]. Therefore, if the wall fell, the place and the stones are his. If they both agreed to build, they build the wall in the middle and make the border-mark on the outside, [as a sign that they both built it.] Therefore, if it fell, the place and the stones belong to both.

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.]

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.]

כּוֹפִין אוֹתוֹ לִבְנוֹת בֵּית שַׁעַר וְדֶלֶת לֶחָצֵר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לֹא כָל הַחֲצֵרוֹת רְאוּיוֹת לְבֵית שָׁעַר. כּוֹפִין אוֹתוֹ לִבְנוֹת לָעִיר חוֹמָה וּדְלָתַיִם וּבְרִיחַ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לֹא כָל הָעֲיָרוֹת רְאוּיוֹת לְחוֹמָה. כַּמָּה יְהֵא בָעִיר וִיהֵא כְאַנְשֵׁי הָעִיר, שְׁנֵים עָשָׂר חֹדֶשׁ. קָנָה בָהּ בֵּית דִּירָה, הֲרֵי הוּא כְאַנְשֵׁי הָעִיר מִיָּד:

He [an occupant of a courtyard who does not wish to assist the others] is compelled to build a gate-house for the courtyard, [where the gate guard can sit in the shade and keep the passersby in the public domain from looking into the courtyard], and (he is compelled to build) a door [for the courtyard gate]. R. Shimon b. Gamliel says: Not all courtyards require a gate-house. [A courtyard not adjoining the public domain does not require a gate-house. The halachah is not in accordance with R. Shimon b. Gamliel. For even if it does not adjoin the public domain, sometimes there is a press of people and they converge upon the courtyard.] R. Shimon b. Gamliel says: Not all cities require a wall. [A city not close to the border of the enemy does not require a wall. The halachah is not in accordance with R. Shimon b. Gamliel. Even if it is not close to the border of the enemy, it requires a wall, for armed bands sometimes come there.] How long must someone be in a city to be regarded as one of its inhabitants [to share in community responsibilities]? Twelve months. [But nowadays, that there is greater movement, the customary period is thirty days.] If one bought a dwelling, he is immediately regarded as a city inhabitant.

אֵין חוֹלְקִין אֶת הֶחָצֵר, עַד שֶׁיְּהֵא אַרְבַּע אַמּוֹת לָזֶה וְאַרְבַּע אַמּוֹת לָזֶה. וְלֹא אֶת הַשָּׂדֶה, עַד שֶׁיְּהֵא בָהּ תִּשְׁעָה קַבִּין לָזֶה וְתִשְׁעָה קַבִּין לָזֶה. רַבִּי יְהוּדָה אוֹמֵר, עַד שֶׁיְּהֵא בָהּ תִּשְׁעַת חֲצָאֵי קַבִּין לָזֶה וְתִשְׁעַת חֲצָאֵי קַבִּין לָזֶה. וְלֹא אֶת הַגִּנָּה, עַד שֶׁיְּהֵא בָהּ חֲצִי קַב לָזֶה וַחֲצִי קַב לָזֶה. רַבִּי עֲקִיבָא אוֹמֵר, בֵּית רֹבַע. וְלֹא אֶת הַטְּרַקְלִין, וְלֹא אֶת הַמּוֹרָן, וְלֹא אֶת הַשּׁוֹבָךְ, וְלֹא אֶת הַטַּלִּית, וְלֹא אֶת הַמֶּרְחָץ, וְלֹא אֶת בֵּית הַבַּד, עַד שֶׁיְּהֵא בָהֶן כְּדֵי לָזֶה וּכְדֵי לָזֶה. זֶה הַכְּלָל, כָּל שֶׁיֵּחָלֵק וּשְׁמוֹ עָלָיו, חוֹלְקִין. וְאִם לָאו, אֵין חוֹלְקִין. אֵימָתַי, בִּזְמַן שֶׁאֵין שְׁנֵיהֶם רוֹצִים. אֲבָל בִּזְמַן שֶׁשְּׁנֵיהֶם רוֹצִים, אֲפִלּוּ בְפָחוֹת מִכָּאן, יַחֲלֹקוּ. וְכִתְבֵי הַקֹּדֶשׁ, אַף עַל פִּי שֶׁשְּׁנֵיהֶם רוֹצִים, לֹא יַחֲלֹקוּ:

The courtyard is not divided until there are four cubits to each (partner). [One partner in the courtyard cannot compel the other to divide it until each has four cubits aside from the doors, each house in the courtyard requiring four cubits before the door for unloading an ass. Aside from those four cubits, an additional four cubits are required for their other purposes before the courtyard becomes subject to partition.] And a field (is not divided) until there are nine measures to each. R. Yehudah says: Until there are nine half-measures to each. [Each speaks of his own place, and they do not differ. For a nine half-measure field in the place of R. Yehudah yielded as much as a nine measure field in the place of the rabbis.] And not a garden until there is a half-measure to each. R. Akiva says: A space to sow a quarter measure. [The halachah is that fields awaiting plowing or sowing are not subject to partition until there remains for each of the partners enough land for one day of plowing, or sowing, or the like.] Nor (do they divide) a traklin or a moran [spacious dwellings], nor a pigeon coop, nor a garment, nor a bath-house, nor an olive press, until there is enough for each. [As explained below: so that after they divide and each takes his share there remains enough for each that it be called "traklin" or "moran" (or the like), i.e., that there remain in the part the name by which the whole was called.] This is the rule: Something which retains its name when it is divided, is divided; if not, it is not divided. When is this so? When both do not wish to divide. [One cannot compel the other to divide against his will; but he can compel "god or agod," i.e.: Buy my part or sell me your part for what it is worth.] But when both wish (to divide), even with less than this (i.e., what is stipulated above) they may divide. And with The Holy Scriptures [Torah, Prophets, and Writings], even if they both wish to do so, they may not divide. [This, only with one volume; but with many separate books, they may divide if they so wish.]