Laws of Division of Shared Property

Sources

MISHNA: The court does not divide a courtyard at the request of one of the joint owners unless there will be in it four by four cubits for this one and four by four cubits for that one, i.e., this minimum area for each of the joint owners. And the court does not divide a jointly owned field unless there is space in it to plant nine kav of seed for this one and nine kav of seed for that one…

Bava Batra 11a:7-11b:4

§ It is taught in a baraita that Rabbi Yosei says: When brothers divide their father’s estate between them by lottery, i.e., after dividing the property into equal shares they draw lots to determine which brother is to receive which portion, once the lot for one of them is drawn, they all acquire the remainder of the property, and they can no longer retract their decision to divide the estate in this manner. The Gemara asks: What is the reason for this? Drawing lots is not one of the recognized modes of acquisition…

Bava Batra 106b:4-5

Rav Huna further asked: When a king issues a billeting order to the residents of a courtyard, obligating them to house his soldiers in their homes, is the burden divided according to the number of people in each household, or is it divided according to the number of entrances that each house has opening into the courtyard? Rabbi Ami said to him: It is divided according to the number of people in each household. The Gemara comments: That opinion is also taught in a baraita: The dung in a courtyard which the…

Bava Batra 11b:6

§ The Gemara has so far presented one version of the discussion of the mishna. A different version relates the discussion as follows: The Sages initially assumed: What is the meaning of the term meḥitza mentioned in the mishna? A division, not a partition, as it is written: “And the division of [meḥetzat] the congregation was” (Numbers 31:43). According to this interpretation, the mishna means to say: Since they wished to divide the jointly owned courtyard…

Bava Batra 3a:2-3b:4

MISHNA: Partners who wished to make a partition [meḥitza] in a jointly owned courtyard build the wall for the partition in the middle of the courtyard. What is this wall fashioned from? In a place where it is customary to build such a wall with non-chiseled stone [gevil], or chiseled stone [gazit], or small bricks [kefisin], or large bricks [leveinim], they must build the wall with that material. Everything is in accordance with the regional custom.…

Bava Batra 2a:1-5

§ The mishna teaches: In a place where it is customary to build a wall of non-chiseled stone, or chiseled stone, or small bricks, or large bricks, they must build the partition with that material. Everything is in accordance with the regional custom. The Gemara asks: What does the word everything serve to add? The Gemara answers: It serves to add a place where it is customary to build a partition out of palm and laurel branches. In such a place, the partition is built from those materials…

Bava Batra 4a:10-14

MISHNA: Craftsmen who are in possession of items that they are repairing, and partners, and sharecroppers, and stewards [veha’apotropin] do not have the ability to establish the presumption of ownership with regard to property in their possession, as their possession is not indicative of ownership. Similarly, a man does not have the ability to establish the presumption of ownership with regard to his wife’s property, and a wife does not have the ability to establish the presumption of ownership with regard to her…

Bava Batra 42a:8-9

§ The mishna teaches that a hall, a drawing room, and the like should not be divided unless the two parties will be able to use their respective portions in the same manner that they had previously used them. The Gemara asks: What is the halakha if there is not enough for this one and that one? What is to be done if one of the parties wishes to dissolve the partnership? Rav Yehuda said: There is a halakha of: Either you set a price or I will set a price…

Bava Batra 13a:2-13b:8

A house that has a sealed entrance still has the four cubits adjoining that entrance because the entrance can be reopened. If one broke its doorposts and sealed the entrance, the entrance is completely negated, and it does not have the four cubits adjoining it.

Bava Batra 12a:1

We learned in the baraita: And everyone agrees that one may perforate an old hole that was sealed ab initio. Rav Yehuda said that Shmuel said: They only taught this in a place where the hole is made to strain the wine from the sediment; however, if it was made to reinforce the barrel, it is prohibited (ge’onim). The Gemara asks: What are the circumstances in which a hole is considered to have been made to strain and what are the circumstances in which a hole is meant to reinforce the…

Shabbat 146b:2-3

The Gemara asks: But didn’t we learn in a mishna: One divides the courtyard at the request of one of the heirs or partners only if its area is sufficient so that there will be in it four by four cubits for this partner or heir and four by four cubits for that partner or heir? Apparently, in order to divide a courtyard it must be at least four by eight cubits. Rather, emend the baraita and say that the halakha of division like that of a courtyard does not apply to it…

Sukkah 3b:10-11

The following rules apply when a person purchases half of a field from a colleague, two people together purchase a field from a colleague, they both inherited a field, a field was given them as a gift, or they took possession of ownerless land or property belonging to a convert who died without leaving Jewish heirs - i.e., any situation in which two people own land in partnership.
If one of the partners asks to divide the property and take his portion alone, and the property is large enough to be divided, we compel the other partners to divide the property with him…

Mishneh Torah, Neighbors 1-2

MISHNA: In a case where there are two brothers, one poor and one rich, and their father left them a bathhouse or an olive press as an inheritance, if the father had built these facilities for profit, i.e., to charge others for using them, the profit that accrues after the father’s death is shared equally by the two brothers. If the father had built them for himself and for the members of his household to use, the poor brother, who has little use for these amenities…

Bava Batra 172a:10

And Shmuel says that each brother, upon receiving his portion, has foregone his right to be reimbursed if his portion is lost, as he holds that brothers who divided property received as an inheritance are considered as purchasers from each other. And each one is considered like a purchaser who bought his portion without a guarantee that if the field is seized in payment of a debt, the seller will compensate the buyer for his loss. Accordingly…

Bava Batra 107a:4

And Shmuel says that each brother, upon taking his portion, relinquished any rights to be reimbursed if his portion were lost, as he holds that brothers who divided their inheritance are considered to be like buyers of their respective portions, and each one is considered to be similar to a buyer who bought his portion without a guarantee that would have provided him with a right to be reimbursed if his portion were seized by a creditor.

Bava Kamma 9a:16

i.e., Mar Yenuka and Mar Kashisha, sons of Rav Ḥisda, said to Rav Ashi: The Sages of Neharde’a follow their usual line of reasoning, as Rav Ḥama, who was from Neharde’a, issued his ruling in accordance with the opinion of Shmuel, who was also from that city. As Rav Naḥman says that Shmuel says: In the case of brothers who divided their father’s estate, they do not have a right-of-way against each other. Although the father would traverse the outer field from the inner field to access the public domain…

Bava Batra 7b:1

The Gemara asks: The mishna was taught in Eretz Yisrael; what practice should be followed in Babylonia? Rav Yosef said: In Babylonia, a parcel of land the size of which is the area of a day’s plowing is considered a field; if each of the parties will receive less than that, the field should not be divided. The Gemara asks: What is meant by a parcel of land the size of which is the area of a day’s plowing? If it means a day’s plowing in the planting season, i.e…

Bava Batra 12a:8-11

Two people that share a courtyard and are coming to divide [it], how should they build the wall. And there are 13 clauses in it. A shared courtyard that is subject to the law of division, or that they divided willingly even though it is not [large enough to be] subject to the law of division - each one of them may compel his fellow to build a wall in the middle so that his fellow not see him when he is using his portion. And even if they remained like this many years without a partition, he may compel him to make a partition anytime he wants…

Shulchan Arukh, Choshen Mishpat 157:1-5

Laws of Sharing Land: The law is that damage to visual privacy is considered damage. Hence two people sharing a courtyard: If it is subject to the law of division, each one of them can compel his fellow to divide [it] and even to make a partition between them to prevent each one from looking into his fellow's [section]. But if it is not [large enough to be] subject to the law of division and each one does not recognize what is his portion, none of them may compel his fellow to divide [it]. And even if they consented to divide [it], they can retract…

Tur, Choshen Mishpat 157-158

Property Lawדיני רכוש

Laws of the Release of Loans

Laws of Selling Ancestral Fields

Laws of Selling Property in a Walled City

Laws of the Methods of Acquisition

Laws of Retraction of a Transaction before its Completion

Laws of Cancellation of a Transaction and the Seller's Responsibility

Stipulations of a Purchased Acquisition

Intent of the Seller and the Purchaser

Laws of Ownerless Property

Laws of Gifts

Sheetsדפי מקורות

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