We now begin the last of the "Bavas", a trio of tractates related to
torts and property claims. (I've been told that they were originally
one very large tractate.)
Bava Batra begins by talking about fences.
If joint owners of a courtyard (that is, the owners of the houses bordering
it) agree to build a wall, they should make it down the middle and each
should contribute half of the building materials. If in the future the
wall falls, it is assumed that the place it occupied and the stones/bricks
belong to both equally. In a place where fences are not customary, like
in a cornfield, one who wants to build a fence cannot compel the other
to share in the effort. If they don't agree, the one who wants the fence
must build it set back from the property line, making a facing on the
other side. If the wall later falls, we assume that it will all still
be on his property and it will be clear that the land and the materials
belong to him. (2a)
Today's daf is 4, and it's in the middle of the g'mara discussing this
mishna.
Originally posted at
http://cellio.dreamwidth.org/1995750.html.
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