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Laws of Mutual Obligations of Neighbors
Property Law
Sources
A
§
Abaye says:
If there were
two houses on two sides of a public domain, this
one, the owner of one of the houses, must
build a fence for half his roof, and that
one, the owner of the other house, must
build a fence for half his roof.
They must position the fences so that
one
fence
is not opposite the other
fence,
and
each one must
add
to his fence a little beyond the midway point, so that each one should not be able to see the activity on the other’s roof…
Bava Batra 6b:3-7a:4
Rav Yehuda says: All
participate in the payment
for the construction of the
city
wall, and
this sum is collected
even from orphans, but not
from
the Torah scholars. What is the reason
for this?
The Torah scholars do not require protection,
as the merit of their Torah study protects them from harm. By contrast, money is collected
for the digging of
a river or
a well
for drinking water,
even from the Torah scholars.
The Gemara adds:
And we said
this
halakha
only if
the town inhabitants do
not go out in a…
Bava Metzia 108a:4-7
MISHNA:
The residents of a courtyard
can compel
each inhabitant of that courtyard
to
financially participate in the
building of a gatehouse and a door to the
jointly owned
courtyard. Rabban Shimon ben Gamliel
disagrees and
says: Not all courtyards require a gatehouse,
and each courtyard must be considered on its own in accordance with its specific needs. Similarly, the residents of a city
can compel
each inhabitant of that city
to
contribute to the
building of a wall, double doors, and a crossbar for the city…
Bava Batra 7b:6-14
The Gemara
raises an objection
from a
baraita
: If
five courtyards open onto an alleyway, all
the residents of the alleyway may
use
that part of the alleyway that faces the entrance to
the outermost
courtyard,
and
the residents of
the outermost
courtyard may
use
only that part of the alleyway adjacent to
its own
entrance.
And
similarly, the residents of
the other
courtyards may
use
that part of the alleyway that faces
the second
courtyard, i.e…
Bava Batra 11b:8-12
MISHNA:
In the case of a dividing
wall
in a jointly owned
courtyard that fell,
if one of the owners wishes to rebuild the wall, the court
obligates
the other owner
to build
the wall with him
up to
a height of
four cubits.
If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless
presumed to have given
his share of the money,
unless
the claimant
brings proof that
the other
did not give
his part…
Bava Batra 5a:5-6
The Gemara answers: This entire matter
is
a dispute between
tanna’im
, as it is taught
in a
baraita
:
The residents of an alleyway can compel one another
to agree
not to allow among them
in that alleyway
a tailor, a tanner, a teacher of children, nor any type of craftsman.
They can bar outside craftsmen from plying their trade in that alleyway.
But one cannot compel his neighbor,
i.e., one who already lives in the alleyway, to refrain from practicing a particular occupation there…
Bava Batra 21b:9-11
The Sages enacted that
the pit that is nearest to the irrigation channel
that supplies water to several pits or fields
is filled first on account of the ways of peace.
They established a fixed order for the irrigation of fields, so that people would not quarrel over who is given precedence.
Gittin 59b:1
§
Rav Huna asked Rabbi Ami:
If
one of the residents of an alleyway
onto which several courtyards open
wishes to alter his entrance to a different alleyway,
i.e., to make an entrance to his courtyard that will open onto a different alleyway, can
the residents of the
other
alleyway prevent him
from opening this entrance,
or can they not prevent him
from doing so? Rabbi Ami
said to him: The residents of
the other
alleyway can prevent him
from making the change.
Bava Batra 11b:5
§
Rav Aḥa bar Adda says in the name of Ulla:
In the case of a resident of the
lower
story who wishes to rebuild the collapsed house,
who comes to change
the structure and now seeks to rebuild it
with untrimmed stones
that are larger than the original ones, the court
listens to him
and accepts his wishes, since an adjustment of this kind only serves to benefit the owner of the upper story. But if the house was previously built with large untrimmed stones and he now wants to rebuild it
with hewn stones,
which are smaller…
Bava Metzia 117b:7-118a:4
When a wall that separates between two partners falls, each of the partners may compel the other to share in its construction until it reaches the height of four cubits, so that they will not see each other. We do not, however, compel a partner to build it any higher than four cubits.
The following rule applies if one of the partners takes the initiative and builds the wall higher than four cubits. If the other colleague comes and builds another wall of his as high as the wall between them, we obligate that partner to pay his share in the additional height that is opposite his wall…
Mishneh Torah, Neighbors 3-6
MISHNA:
If a resident wants to open
a store in
his
courtyard,
his neighbor
can protest
to prevent
him
from doing so
and say to him: I am unable to sleep due to the sound of people entering
the store
and the sound of people exiting. But
one
may fashion utensils
in his house and
go out and sell
them
in the market,
despite the fact that he is not allowed to set up a store in the courtyard,
and
the neighbor
cannot protest
against
him
doing so
and say to him: I am unable to sleep due to the sound…
Bava Batra 20b:15-21a:1
Rabba bar bar Ḥana says
that
Rabbi Yoḥanan says:
With regard to
alleyways that are open to another city,
and through which one would ordinarily travel to reach that other city, if
the residents of the city
in which the alleyways are located
wished to block them
off,
the residents of the city
into which the alleyways open
can prevent them
from doing so, because they have a right to reach their city via those routes. The Gemara explains:
It is not necessary
to state
that they can prevent
them from blocking the alleyways
when there…
Bava Batra 12a:3
Rabbi Shmuel bar Naḥmani says
that
Rabbi Yonatan says:
With regard to
one who purchases a city in Eretz Yisrael,
the court
forces him to purchase a path to
the city
from
all
four
of
its sides, due to
the importance of
settling Eretz Yisrael.
Bava Kamma 80b:16
MISHNA:
A person may not open his windows,
i.e., build an opening in a wall to use as a window,
into a courtyard belonging to partners,
i.e., a courtyard in which he is a partner. If he
purchased a house in another,
adjacent
courtyard,
he
may not open
the house
into a courtyard belonging to partners.
If he
built a loft on top of his house, he may not open it into a courtyard belonging to partners. Rather, if he desired
to build a loft, he may
build a room within his house, or
he may
build a loft on top of his house…
Bava Batra 59b:7-60a:8
MISHNA:
These are
uses of property
that have
the means to establish the
presumption
of ownership,
and these are
uses of property
that do not have
the means to establish the
presumption
of ownership: If one
would stand an animal in a courtyard;
or if one would place
an oven, a millstone, or a stove
there;
or
if one
raises chickens
in a courtyard,
or places his fertilizer in a courtyard,
these actions
are not
sufficient to establish the
presumption
of ownership…
Bava Batra 57a:4-57b:1
Rav Naḥman bar Yitzḥak said: And Rav Huna, son of Rav Yehoshua,
who said that townspeople can bar craftsmen who come from other cities,
concedes with regard to
perfume
salesmen who travel from
one
town
to another
that
the townspeople
cannot prevent
them from entering their town.
As the Master said: Ezra instituted
an ordinance
for the Jewish people that
perfume
salesmen shall travel from town to town so that cosmetics will be available to Jewish women…
Bava Batra 22a:2-5
It is similarly related that
Rav Naḥman bar Rav Ḥisda
once
imposed
payment of
the
poll
tax [
karga
]
even
on the Sages. Rav Naḥman bar Yitzḥak said to him: You have transgressed
the words of
the Torah, the Prophets, and the Writings.
You have transgressed the words of
the Torah, as it is written: “Even when He loves the peoples, all His holy ones are in Your hand”
(Deuteronomy 33:3), which is understood to mean that
Moses said to the Holy One, Blessed be He: Master of the Universe…
Bava Batra 8a:2-7
As
a dispute
was stated
about this issue between
amora’im
: With regard to
a tree that stands on the border
between fields,
Rav says: That
which
tilts to here,
i.e., to this field, its fruit belongs
to
the owner of the field
here, and that
which
tilts to there
belongs
to
the owner of the field
there. And Shmuel says:
The owners of the two fields
divide
all the fruit.
Bava Metzia 107a:8
MISHNA:
One who has
ownership of
a cistern
located
beyond the house of another,
i.e., the cistern can be accessed only by entering the property of the other, and also has access rights to that cistern,
may enter
the house to access his cistern only
at a time when it is usual for people to enter, and may leave
only
at a time when it is usual for people to leave. And
in addition,
he may not bring his animal
into the house
and water
it
from his cistern…
Bava Batra 99a:8-99b:3
And
the Gemara
raises a contradiction
from a
baraita
:
How long shall
one
be in the city and
as a result, his status
will be like
that of
the residents of the city
with regard to giving charity and paying taxes? He is obligated if he remained there
twelve months,
and not thirty days.
Rava says:
This contradiction is
not difficult,
and it may be resolved:
This
period of twelve months is the period required
to become
one
of the citizens of the city…
Sanhedrin 112a:8
Property Law
דיני 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
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