Bava Batra 3

חֶזְקַת הַבָּתִּים וְהַבּוֹרוֹת וְהַשִּׁיחִין וְהַמְּעָרוֹת וְהַשּׁוֹבָכוֹת וְהַמֶּרְחֲצָאוֹת וּבֵית הַבַּדִּין וּבֵית הַשְּׁלָחִין וְהָעֲבָדִים וְכָל שֶׁהוּא עוֹשֶׂה פֵרוֹת תָּדִיר, חֶזְקָתָן שָׁלֹשׁ שָׁנִים מִיּוֹם לְיוֹם. שְׂדֵה הַבַּעַל, חֶזְקָתָהּ שָׁלֹשׁ שָׁנִים, וְאֵינָהּ מִיּוֹם לְיוֹם, רַבִּי יִשְׁמָעֵאל אוֹמֵר, שְׁלֹשָׁה חֳדָשִׁים בָּרִאשׁוֹנָה וּשְׁלֹשָׁה בָּאַחֲרוֹנָה וּשְׁנֵים עָשָׂר חֹדֶשׁ בָאֶמְצַע, הֲרֵי שְׁמֹנָה עָשָׂר חֹדֶשׁ. רַבִּי עֲקִיבָא אוֹמֵר, חֹדֶשׁ בָּרִאשׁוֹנָה וְחֹדֶשׁ בָּאַחֲרוֹנָה וּשְׁנֵים עָשָׂר חֹדֶשׁ בָּאֶמְצַע, הֲרֵי אַרְבָּעָה עָשָׂר חֹדֶשׁ. אָמַר רַבִּי יִשְׁמָעֵאל, בַּמֶּה דְבָרִים אֲמוּרִים, בִּשְׂדֵה לָבָן. אֲבָל בִּשְׂדֵה אִילָן, כָּנַס אֶת תְּבוּאָתוֹ, מָסַק אֶת זֵיתָיו, כָּנַס אֶת קֵיצוֹ, הֲרֵי אֵלּוּ שָׁלֹשׁ שָׁנִים:

The chazakah (possession period regarded as evidence of ownership) for houses, boroth, shichin, and ma'aroth (see 2:1), dove-cotes, bath-houses, an olive-press, an irrigated field, bondsmen, and all things which produce fruit constantly — their chazakah is three years, from day to day. [If one lost his bill (of purchase), and he brought witnesses that he was in possession in each of the instances adduced in our Mishnah, he is believed to state that he is the purchaser, and he is not told: "Bring your bill of purchase." For up to three years one takes care of his bill (of purchase), but not longer than that. And the claimant is told: If you had not sold it to him, you should have protested before two (witnesses): "Know that that man is 'eating' my land in theft," and the matter would have come to his ears, and he would have been heedful with his bill (of purchase). For "Your friend has a friend, and your friend's friend has a friend." And since you did not protest, it is your loss. ("an irrigated field":) Since it is constantly superintended for purposes of irrigation, it is constantly productive. And the chazakah of something which is constantly productive is three years from day to day. ("bondsmen":) And though we rule: "Godroth (sheep, as in Numbers 32:16: 'gidroth tzon,' (i.e., sheepfolds) have no chazakah," and the same applies to all living things — it is an immediate chazakah that they do not have. That is, if the sheep or the bondsman were known to belong to one man and they entered the house of another, and the second claimed that he had bought them and was in possession of them, this is no chazakah, for they are accustomed to go from house to house. But if he held a bondsman for three years, this is a chazakah and he needs no bill of purchase.] The chazakah of a rain-fed field, [which is productive only once a year] is three years, [not requiring "from day to day."] R. Yishmael says: Three months the first (year), three months the last, and twelve months in the middle — eighteen months. [For there is produce which grows in three months, such as barley, oats, and lentils — so that one may eat three crops in eighteen months.] R. Akiva says: One month in the first, one month in the last, and twelve months in the middle — fourteen months. [Some things grow in thirty days, such as young corn and greens. Therefore, if he ate from it fourteen months, it is a chazakah.] R. Yishmael said: [(R. Yishmael holds that the eating of young corn and greens does not establish a chazakah, but only the eating of real grain and fruit.)] When is this so? [that eighteen months are needed for a rain-fed field?] With a grain field, [all of whose produce is picked in one period, for which reason three years are required.]; but with a tree field, [whose fruits are picked in different periods: grapes, in one period; olives in another; and figs, in another], if he gathered in his produce [grape-wine], harvested his olives, and gathered in his figs [i.e., If he harvested them, dried them, and brought them into his house], this is [a chazakah, as if it were] three years. [The halachah is neither in accordance with R. Akiva nor with R. Yishmael.]

שָׁלֹשׁ אֲרָצוֹת לַחֲזָקָה, יְהוּדָה וְעֵבֶר הַיַּרְדֵּן וְהַגָּלִיל. הָיָה בִיהוּדָה וְהֶחֱזִיק בַּגָּלִיל, בַּגָּלִיל וְהֶחֱזִיק בִּיהוּדָה, אֵינָהּ חֲזָקָה, עַד שֶׁיְּהֵא עִמּוֹ בַמְּדִינָה. אָמַר רַבִּי יְהוּדָה, לֹא אָמְרוּ שָׁלֹשׁ שָׁנִים אֶלָּא כְדֵי שֶׁיְּהֵא בְאַסְפַּמְיָא, וְיַחֲזִיק שָׁנָה, וְיֵלְכוּ וְיוֹדִיעוּהוּ שָׁנָה, וְיָבֹא לְשָׁנָה אַחֶרֶת:

There are three lands for chazakah: Judah, Trans-Jordan, and the Galil. [Three lands in Eretz Yisrael are separate from each other vis-à-vis chazakah, so that if one held one of these lands and the owner were in a different land, his chazakah is no chazakah, for caravans are not frequent from one to the other. And even a time which is not one of danger or war is regarded as such a time relative to them, (i.e., It is assumed that) if the owner protested, no one could apprise the holder of the land thereof. Therefore, the holder of the land should have held on to his bill(of purchase), and since he failed to do so, the loss is his.] If he (the owner) were in Judah and he (the other) held (land) in the Galil — if he were in the Galil, and he held in Judah, it is not a chazakah; but he must be with him in the same land, [e.g., both in Judah or both in Trans-Jordan, even if one were in one city, and one in another. For caravans being frequent, he should have protested; and since he did not protest, he is the loser.] R. Yehudah said: They posited three years only, in consideration of: one year for his (the owner's) being in Spain, and his (the other's) holding it, one year for their (messengers') going and apprising him (the owner), and the next year for his (the owner's) coming (and protesting). [R. Yehudah holds that the rationale for chazakah is not that one guards a bill (of purchase) for three years but not longer. For a man does not allow his land to be eaten even for one hour without protesting. Rather, the reason three years were posited is that if the owner were in Spain, etc. But if he (the owner) were with him (the holder) in the same city, then it is a chazakah immediately. And in these three lands between which caravans are not frequent, three years are a chazakah. The halachah is not in accordance with R. Yehudah.]

כָּל חֲזָקָה שֶׁאֵין עִמָּהּ טַעֲנָה, אֵינָהּ חֲזָקָה. כֵּיצַד, אָמַר לוֹ, מָה אַתָּה עוֹשֶׂה בְתוֹךְ שֶׁלִּי, וְהוּא אָמַר לוֹ, שֶׁלֹּא אָמַר לִי אָדָם דָּבָר מֵעוֹלָם, אֵינָהּ חֲזָקָה. שֶׁמָּכַרְתָּ לִי, שֶׁנָּתַתָּ לִי בְמַתָּנָה, אָבִיךָ מְכָרָהּ לִי, אָבִיךָ נְתָנָהּ לִי בְמַתָּנָה, הֲרֵי זוֹ חֲזָקָה. וְהַבָּא מִשּׁוּם יְרֻשָּׁה, אֵינוֹ צָרִיךְ טַעֲנָה. הָאֻמָּנִין וְהַשֻּׁתָּפִים וְהָאֲרִיסִין וְהָאַפּוֹטְרוֹפִּין, אֵין לָהֶם חֲזָקָה. אֵין לָאִישׁ חֲזָקָה בְּנִכְסֵי אִשְׁתּוֹ, וְלֹא לָאִשָּׁה חֲזָקָה בְּנִכְסֵי בַעְלָהּ, וְלֹא לָאָב בְּנִכְסֵי הַבֵּן, וְלֹא לַבֵּן בְּנִכְסֵי הָאָב. בַּמֶּה דְבָרִים אֲמוּרִים, בְּמַחֲזִיק, אֲבָל בְּנוֹתֵן מַתָּנָה, וְהָאַחִין שֶׁחָלְקוּ, וְהַמַּחֲזִיק בְּנִכְסֵי הַגֵּר, נָעַל וְגָדַר וּפָרַץ כָּל שֶׁהוּא, הֲרֵי זוֹ חֲזָקָה:

Every chazakah unaccompanied by a claim [justifying one's holding (what was once) his neighbor's] is no chazakah. How so? If he said to him: "What are you doing in what is mine?" and he answered: "No one ever said anything to me," this is not a chazakah. But if he said: "You sold it to me," You gave it to me as a gift," "Your father sold it to me," "Your father gave it to me as a gift," this is a chazakah. And what comes through inheritance, [his having held it three years as his father's inheritance, it having belonged to his father on the day of his death] requires no claim [justifying his father's holding it. However, proof is required of his father's having lived there (at least) one day.] Craftsmen, partners, tenant-farmers, and caretakers have no chazakah. [Artisans, who repair vessels, have no chazakah. If they hold the vessels of others, they cannot claim to have acquired them, even if they are not the type of vessels which are wont to be lent or rented. This, when the vessel is before us in the hand of the craftsman. But if the vessel is not before us in the hand of the craftsman, but one came and claimed that he had given the craftsman a vessel to repair and asked that it be returned, and the craftsman replied that he had it, but that the other had sold it to him, the craftsman is believed with a miggo, viz. Had he wished, he would have denied ever having received it; or he could have claimed that he had returned it. Likewise, if the craftsman claimed that the other had agreed to pay him a certain amount and the other said that it was less, if the vessel is before us in the hand of the craftsman, the owner of the vessel is believed. And if not, the craftsman is believed with an oath, even if he (the owner) had given it to him with witnesses — miggo: Had he wished, he could have said: "I returned it to you." ("partners":) If two hold land in partnership, and one of them ate all of the fruits for three years, this is no chazakah. This, when there is no law of division for the land (see 1:6); but if there is, and one of them ate for three years, it is a chazakah. ("tenant-farmers":) who go down (to get a portion) of the (produce of the ) land — a half, a third, or a fourth. If they ate all of the fruits for three years, this is not a chazakah. And this, only with the tenant-farmers of fathers' houses, who are like caretakers for the children. But others, whom the owners themselves brought down (to the land) — If they ate all of the fruits for three years, it is a chazakah.] A man has no chazakah in the property of his wife. [Even if he wrote her while she were still betrothed: "I have no rights to your property nor to its produce," in which instance he does not eat the fruits by right, and then he brought proof that he ate fruits for three years, it is not a chazakah. For women tend to allow their husbands to eat the fruits of their property, whether by right or not by right.] And a woman has no chazakah in the property of her husband. [Even if he set aside land for her sustenance and she ate fruits form other lands of her husband for three years, still, it is not a chazakah. For men tend to allow their wives to eat of their property even if they have no rights to it.] And a father has no (chazakah) in the property of his son, and a son, in the property of his father. [For they are like caretakers vis-à-vis each other.] When is this so? [that it is not a chazakah] With holding, [i.e., with one's holding under protest, his neighbor claiming it to be stolen.] But one who gives a gift [(before us and says to the receiver: "Go, take hold and acquire," etc.) All of those mentioned above in the Mishnah as not having a chazakah, when they "take hold" (of the object) they are as all receivers of gifts; they do acquire, and the giver cannot retract. And a woman who gave or sold to her husband her melog property (see Yevamoth 4:3) — when the husband "takes hold" of it, he acquires it, and she cannot say: "I was just giving pleasure to my husband." For it is only with tzon-barzel property, or with land that her husband set aside for her kethubah that we say her sale is no sale and her gift is no gift in that she can say: "I was just giving pleasure to my husband." For her husband has some connection with those lands. But with melog property with which he has no essential connection whatsoever, she cannot say: "I was just giving pleasure to my husband." Likewise, a man who sold some of his property to his wife — If the money whereby she acquired it were not "secreted with her," the sale stands; the property reverts to the woman, and the husband eats fruits. And if that money were secreted with her, the sale is void. For he can say: "I 'concocted' the sale only to 'ferret out' the money secreted with her."] ("But one who gives a gift") and brothers who divide (the inheritance), [ (each, "taking hold" of his portion, cannot retract.) ] and one who "takes hold" of the property of a proselyte, [(who died without heirs, in which instance whoever is first to take hold of his property acquires it)] — If he made somewhat of a door, or of a wall, or of a breach [in it], this is a chazakah.

הָיוּ שְׁנַיִם מְעִידִין אוֹתוֹ שֶׁאֲכָלָהּ שָׁלֹשׁ שָׁנִים, וְנִמְצְאוּ זוֹמְמִין, מְשַׁלְּמִין לוֹ אֶת הַכֹּל. שְׁנַיִם בָּרִאשׁוֹנָה, וּשְׁנַיִם בַּשְּׁנִיָּה, וּשְׁנַיִם בַּשְּׁלִישִׁית, מְשָׁלְשִׁין בֵּינֵיהֶם. שְׁלֹשָׁה אַחִים וְאֶחָד מִצְטָרֵף עִמָּהֶם, הֲרֵי אֵלּוּ שָׁלֹשׁ עֵדֻיּוֹת, וְהֵן עֵדוּת אַחַת לַהֲזָמָה:

If two testified that he had eaten (from the field) three years, and they were found to be zomemim (scheming witnesses - See Deuteronomy 19:19), they pay him (the field's owner) everything. If two (testified for the first year, two for the second, and two for the third (and they were found to be zomemim), they "third" it among themselves. [Each pair gives a third, for they are three pairs for three years.] If they were three brothers, [one brother for each year], and another joining them [i.e., testifying with each of them] they constitute three testimonies [For what one (pair) testifies, the other does not, for which reason their testimony is kasher], and they constitute one testimony for [purposes of] hazamah (scheming witness), [so that if they are found to be zomemim, they "third" it among themselves. And they do not become zomemim until all (three pairs) are so found.]

אֵלּוּ דְבָרִים שֶׁיֵּשׁ לָהֶם חֲזָקָה, וְאֵלּוּ דְבָרִים שֶׁאֵין לָהֶם חֲזָקָה. הָיָה מַעֲמִיד בְּהֵמָה בֶחָצֵר, תַּנּוּר, וְכִירַיִם, וְרֵחַיִם, וּמְגַדֵּל תַּרְנְגוֹלִין, וְנוֹתֵן זִבְלוֹ בֶחָצֵר, אֵינָהּ חֲזָקָה. אֲבָל עָשָׂה מְחִצָּה לִבְהֶמְתּוֹ גְּבוֹהָה עֲשָׂרָה טְפָחִים, וְכֵן לַתַּנּוּר, וְכֵן לַכִּירַיִם, וְכֵן לָרֵחַיִם, הִכְנִיס תַּרְנְגוֹלִין לְתוֹךְ הַבַּיִת, וְעָשָׂה מָקוֹם לְזִבְלוֹ עָמֹק שְׁלֹשָׁה אוֹ גָבוֹהַּ שְׁלֹשָׁה, הֲרֵי זוֹ חֲזָקָה:

With these things chazakah obtains [If he "held" his neighbor's field in regard to them, it is a chazakah], and with these things, chazakah does not obtain: If he kept in the courtyard a beast, an oven, a stove, a mill; if he raised chickens there or placed his fertilizer there, it is not a chazakah. [This tanna is speaking of a courtyard of partners, where they do not object to (the other's) keeping a beast or the like. For this reason, it is not a chazakah even if one held it for this purpose for three years.] But if he made a partition for his beast ten handbreadths high, and so for an oven, and so for a mill; and if he brought chickens into his (neighbor's) house, or made a place for his fertilizer three (handbreadths) deep or three (handbreadths) high, it is a chazakah. [For in such an instance one would certainly object, so that if he remained silent for three years and did not protest, it is certainly a chazakah. Maimonides explains that with a partner, who objects to the erecting of a partition, if his partner made a partition and he did not object, it is a chazakah immediately. But with one in general (i.e., not a partner), even if he made a partition and the other did not protest, it is not a chazakah until after three years.]

הַמַּרְזֵב אֵין לוֹ חֲזָקָה, וְיֵשׁ לִמְקוֹמוֹ חֲזָקָה. הַמַּזְחִילָה יֶשׁ לָהּ חֲזָקָה. סֻלָּם הַמִּצְרִי אֵין לוֹ חֲזָקָה, וְלַצּוֹרִי יֶשׁ לוֹ חֲזָקָה. חַלּוֹן הַמִּצְרִית אֵין לָהּ חֲזָקָה, וְלַצּוֹרִית יֶשׁ לָהּ חֲזָקָה. אֵיזוֹ הִיא חַלּוֹן הַמִּצְרִית, כָּל שֶׁאֵין רֹאשׁוֹ שֶׁל אָדָם יָכוֹל לִכָּנֵס לְתוֹכָהּ. רַבִּי יְהוּדָה אוֹמֵר, אִם יֶשׁ לָהּ מַלְבֵּן, אַף עַל פִּי שֶׁאֵין רֹאשׁוֹ שֶׁל אָדָם יָכוֹל לִכָּנֵס לְתוֹכָהּ, הֲרֵי זוֹ חֲזָקָה. הַזִּיז, עַד טֶפַח, יֶשׁ לוֹ חֲזָקָה, וְיָכוֹל לִמְחוֹת. פָּחוֹת מִטֶּפַח, אֵין לוֹ חֲזָקָה, וְאֵין יָכוֹל לִמְחוֹת:

Chazakah does not obtain with a marzev [a small spout placed at the end of a roof gutter], but it does obtain with its place. [If there were a marzev there, and the owner of the courtyard came to remove it completely, so that the roof waters not spill into his courtyard, he may not do so; for the other already has a chazakah that his roof waters spill from that marzev. But if he came to turn it around, e.g., if it were positioned in the south, and he came to position it in the north, the owner of the marzev cannot stop him, for he loses nothing thereby, and he has no chazakah that it was always positioned on one side. "marzev" — the place whence the drop of rain flows. "mar" = a drop, as in (Isaiah 40:15): "Behold, nations are as a drop (mar) out of a bucket."] Chazakah does obtain with a mazchilah [a roof gutter. Being a fixed object, it has a chazakah.] Chazakah does not obtain with an Egyptian ladder. [Since it is small and not fixed, one does not object to another's placing it in his courtyard in order to go up to his (own) roof or dove-cote, for which reason it has no chazakah.] Chazakah does not obtain with an Egyptian window. [A small aperture, not large enough for a man's head to go through has no chazakah. And if the owner of the courtyard wishes to build opposite the window and block it, the owner of the window cannot tell him: "I already have a chazakah in it, and you may not block it." For the other can tell him: "I allowed it only because it caused me no damage." And even so, if he wished, he could have stopped him from making it in the first place, even if it were higher than four cubits. For he could have told him: "(I object), for you might put a bench under the window to gaze at me." And after having allowed him to make it, too, he has no chazakah.] And chazakah obtains with a Tyrian window, [an aperture through which a man's head can fit, even if it is higher than four cubits. Or an aperture made to admit light, even if it is very small. Or a window below four cubits. All of these three apertures — If one allowed them to be made, chazakah obtains with them, and he (the owner of the courtyard) can no longer build opposite them and block them. For chazakah obtains where there is (acquiescence in) damages, with the exception of (damages of) smoke, dust, and privy (i.e., a foul odor), chazakah not obtaining with these three, even after the passage of many years. But chazakah does obtain with (acquiescence in) sight damages. And three years of chazakah are not required for damages; but it obtains as soon as he (the "damager") can tell the damaged one: "You experienced the damage and did not protest."] Which is an Egyptian window? Whatever a man's head cannot fit through. R. Yehudah says: If it has a frame, [such as a lintel above and a cross-piece below], even if a man's head cannot fit through, chazakah obtains with it. A ziz [wood or stone projecting from a wall into the courtyard of one's neighbor], until a handbreadth, chazakah obtains with it. [If it is a handbreadth or more, chazakah obtains with it and the owner of the courtyard may not build against it and block the ziz, the other having a chazakah in it.] And he can protest. [If the owner wishes to insert a ziz, a handbreadth or more, the owner of the courtyard may protest against his doing so.] With less than a handbreadth chazakah does not obtain, and he cannot protest. [If it is less than a handbreadth, it is not a fixed object, for which reason chazakah does not obtain with it, so that the other may build against it and block it. And if the owner of the wall wishes to insert such a ziz to begin with, the owner of the courtyard cannot stop him.]

לֹא יִפְתַּח אָדָם חַלּוֹנוֹתָיו לַחֲצַר הַשֻּׁתָּפִין. לָקַח בַּיִת בְּחָצֵר אַחֶרֶת, לֹא יִפְתְּחֶנָּה לַחֲצַר הַשֻּׁתָּפִין. בָּנָה עֲלִיָּה עַל גַּבֵּי בֵיתוֹ, לֹא יִפְתָּחֶנָּה לַחֲצַר הַשֻּׁתָּפִין. אֶלָּא אִם רָצָה, בּוֹנֶה אֶת הַחֶדֶר לִפְנִים מִבֵּיתוֹ, וּבוֹנֶה עֲלִיָּה עַל גַּבֵּי בֵיתוֹ וּפוֹתְחָהּ לְתוֹךְ בֵּיתוֹ. לֹא יִפְתַּח אָדָם לַחֲצַר הַשֻּׁתָּפִין פֶּתַח כְּנֶגֶד פֶּתַח וְחַלּוֹן כְּנֶגֶד חַלּוֹן. הָיָה קָטָן, לֹא יַעֲשֶׂנּוּ גָדוֹל. אֶחָד, לֹא יַעֲשֶׂנּוּ שְׁנָיִם. אֲבָל פּוֹתֵחַ הוּא לִרְשׁוּת הָרַבִּים פֶּתַח כְּנֶגֶד פֶּתַח וְחַלּוֹן כְּנֶגֶד חַלּוֹן. הָיָה קָטָן, עוֹשֶׂה אוֹתוֹ גָדוֹל. אֶחָד, עוֹשֶׂה אוֹתוֹ שְׁנָיִם:

One may not open his windows to a courtyard held in partnership, [and, it goes without saying, to his neighbor's courtyard, because of "sight damage."] If one (of the partners to the courtyard) bought a house in a different courtyard [close to the first], he may not open it [i.e., he may not open an entrance in it] to the common courtyard, [for he thereby increases passage into it by the inhabitants of that house.] If he built an upper story on his house, he may not open it to the common courtyard. But if he wishes, he may build a room inside his house, [in which instance he adds nothing, but simply divides his house in two. (For even without this, he may fill up his house with dwellers if he wishes)], and he may build an upper story atop his house and open it into his house. One may not open to a common courtyard a door opposite a door, or a window opposite a window, [it being written (Numbers 24:2): "And Bilam opened up his eyes and he saw Israel dwelling according to its tribes." What did he see? He saw that their (tent-) openings were not opposite each other.] If it were small, he may not make it large. [For the other can say: "With a small opening, I could conceal myself from you; with a large one, I cannot."] If it were one, he may not make it two. [For the other can say: "With one opening I can conceal myself; with two, I cannot."] But a door may be opened opposite a door, and a window opposite a window, to a public domain. If it (the opening) were small, he may make it large. If it were one, he may make it two. [For he can tell the other: "In any event, you have to conceal yourself from those in the public domain."]

אֵין עוֹשִׂין חָלָל תַּחַת רְשׁוּת הָרַבִּים, בּוֹרוֹת שִׁיחִין וּמְעָרוֹת. רַבִּי אֱלִיעֶזֶר מַתִּיר כְּדֵי שֶׁתְּהֵא עֲגָלָה מְהַלֶּכֶת וּטְעוּנָה אֲבָנִים. אֵין מוֹצִיאִין זִיזִין וּגְזֻזְטְרָאוֹת לִרְשׁוּת הָרַבִּים, אֶלָּא אִם רָצָה כּוֹנֵס לְתוֹךְ שֶׁלּוֹ וּמוֹצִיא. לָקַח חָצֵר וּבָהּ זִיזִין וּגְזֻזְטְרָאוֹת, הֲרֵי זוֹ בְחֶזְקָתָהּ:

One may not make a cavity in the public domain: boroth, shichin, and ma'aroth (see 2:1) [even if he took upon himself all damages resulting therefrom. For people do not wish to incur damage and litigate for compensation.] R. Eliezer permits it [so long as he covers it securely], so that a stone-laden wagon can ride over it, [and we do not fear that the covering will give way with time. The halachah is not in accordance with R. Eliezer.] Small boards and large beams are not projected outwards into the public domain, [lest the passersby stumble over them]. But if one wishes, he may move back into his domain [their corresponding length] and project them. If he bought a courtyard containing boards and beams, they remain in their former status. [ We argue for the buyer and assume that the seller had moved them into his domain.]