Bartenura on Mishnah Bava Batra

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1.1.1
השותפין שרצו לעשות מחיצה – we are speaking of a courtyard where there is no law of division in it, where there lacks by the way four cubits for each one of the partners. For this reason, it (i.e., the Mishnah) taught " "שרצו/that they wanted, which implies that especially, two of them want [to make a partition] but neither one of them is able to force his fellow, for if in a courtyard which has a law of division, each one of them is able to force his fellow to divide, but now, it comes to teach us that since they wanted to divide it, and each one of them had taken possession of the direction that is entitled for him according to what they had compromised, they build the wall in the middle, and this one gives from his portion one-half of the place the thickness of the wall and also this one.
1.1.2
גויל – stones which are not trimmed or fixed.
1.1.3
גזית – stones which are trimmed and planed with a saw.
1.1.4
כפיסין – a small brick/girder which is a one-half brick which is a handbreadth-and-a-half (i.e., one handbreadth equals 3.65 inches or 9.34 cm) and a brick is three handbreadths.
1.1.5
הכל כמנהג המדינה – "הכל"/everything includes a place where they have the practice to make a partition with the sprouts of vine and the branches of trees that they make according to the custom, as long as the partition is wide enough so that neither one of them cis able to see that of his fellow for visual damage is called damage, and the height of the wall and the partition is not less than four cubits.
1.1.6
זה נותן שלשה טפחים – that the wall of untrimmed stones requires an additional handbreadth more than the wall of hewn stones because of the tops of the stones that protrude outward which are not smooth.
1.1.7
ובכפסים זה נותן טפחי – that the thickness of the wall of the one-half/small/girder brick is a handbreadth greater than the width of a wall of full brings because he places a small brick/bond-timber on one side and a small brick/bond-timber on the other side, which are three handbreadths and a handbreadth in the middle in which they place there plaster to attach them, but the wall made from bricks, one places a full brick along the thickness of the wall which is three handbreadths and there is no need for plaster in the middle.
1.1.8
המקום והאבנים של שניהם – this tells us that even though the stones fell into the domain of one them, or alternatively, that one of them first removed them into his domain, you might have thought that it belongs to the other – for the claimant must produce the evidence. But this comes to tell us that this is not the case.
1.2.1
וכן בגנה – this is what he said, "וכן בגנה"/and likewise in the case of a garden, undefined, as a place where it was they had the custom to fence it in.
1.2.2
אבל בבקעה – undefined, it is like a place where they had the custom to not fence it in, and we don’t require it, other than if his fellow wanted to fence it in, he moves it back to his own part
1.2.3
ועושה לו חזית – a sign for recognition that the wall is his. And the sign is explained in the Gemara (Talmud Bava Batra 4b): he spreads the top of the wall a cubit with plaster to the side of his fellow, but not to his side lest his fellow all spread from his side. And he says that the wall belongs to both. But when he spreads to the side of his fellow, he doesn’t plaster on to his side. It is a sign that the wall is his, but if his fellow peels/scrapes It off, it is known as peeled.
1.2.4
ועושין חזית מכאן ומכאן – to announce that both of them made it.
1.3.1
אין מחייבין אותו – for it doesn’t benefit him at all, for his land is still open. But, if he (i.e., the other partner) fenced in the fourth side, for now, it absolutely benefits him, we require him to pay one-half the cost of the purchase at the cheapest rate. But not half of his outlay, for he says to him: For me it is enough for me with a partition of reeds, and I don’t need an outlay of a stone fence.”
1.3.2
מגלגלין עליו את הכל – one-half of his outlay according to what he fenced in. And there is the difference between the first Tanna/teacher and Rabbi Yosi. And the Halakha is according to Rabbi Yosi. And we don’t have to say if he himself is the one who fenced in the fourth side, for he revealed his intention that he is pleased with what his fellow fenced in that we make him bear the expenses for the fencing in of everything, and he pays his fellow half of his outlays.
1.4.1
כותל חצר – of partners.
1.4.2
עד ארבע אמות – for with this, it is sufficient for him for proof of damages.
1.4.3
בחזקת שנתן – when this one claims half the outlay, and the other one says, I have already given my portion, he is believed, until the claimant brings witnesses who claimed that he had not given. For this judgment is revealed to all that the obligation is upon him to assist him for he would not have built it on his own but rather, he would bring him to the Jewish court.
1.4.4
סמך לו כותל אחר – after he built the first [wall] a great deal higher than four cubits (i.e. a cubit = 22.08 inches or 56.1 cm.), and he did not want to assist him in raising it higher, he built another wall opposite this wall in order to put cover it with boughs and to place a roof from wall to wall, even though he did not as yet place upon it a roof, we make him bear the expenses for everything, for he has revealed his intention that it is pleasing to him for the raising of this one.
1.4.5
בחזקת שלא נתן – if the first person came and made a claim against him to judgment after he built his other wall placing it near the first wall. And he said to him (i.e., his partner): “Give your part for what I raised it.” But the other responded: “I gave my part.” But he is not believed other than with witnesses, for this judgment was not visible to all, and until the Jewish court made him liable, he would not have given.
1.5.1
כופין אותו – [we force] the member resident of the courtyard who doesn’t want to assist the members of the courtyard.
1.5.2
לבנות – [to build] for the courtyard a gate house to be a guard for the opening who sits there in the shade and to distance the members of the public domain from looking into the courtyard.
1.5.3
ודלת – for the gate of the courtyard.
1.5.4
לא כל החצרות ראויות לבית שער – a courtyard which is not close by to the public domain is not worthy of havng a gate house. But the Halakha is not according to Rabban Shimon ben Gamaliel for even if it is not close to the public domain, there are times when the masses pressure and enter [and come in].
1.5.5
לא כל העיירות ראויות לחומה – a city which is not close by to the border of enemies does not require a wall. But the Halakha is not in accordance with Rabban Shimon ben Gamaliel, for even if it is not close by the border of enemies, it needs a wall, for sometimes, it happens that invaders come.
1.5.6
ויהא כאנשי העיר – to bear with them the burden/yoke.
1.5.7
שנים עשר חדש – but now that they are unsteady, the general practice is thirty days.
1.6.1
אין חולקין את החצר – one of the partners cannot force his fellow to divide the courtyard until there are four cubits to each one of the partners, other than the openings, for every house in the courtyard requires [that there will be] in front of his door four cubits in order to unload the burden that is upon his donkey. And outside of those four cubits, one needs in the courtyard another four cubits to each one of the partners for his other uses. And then there will be in the courtyard the law of division.
1.6.2
רבי יהודה אומר ט' חצאי קבין – this person like his place, and that person like his place. But they don’t dispute that in the places of Rabbi Yehuda they would make grain – a field that has nine half-kabs, is like the field of nine kabs in the place of the Rabbis.
1.6.3
בית רובע – a place to seed in it a square kab. And the Jewish legal decision is that the law of division on lands that stand for plough and sewing, other than if there remains for each one of the partners enough land in order that there is the work of one day of ploughing or sewing, and similar things.
1.6.4
מורן וטרקלין – kinds of palaces.
1.6.5
כדי לזה וכדי לזה – as it is explained further on, and after they would divide it up and each one takes his part, there would be in the part of each of them a place worthy of being called a reception/dining room and a compartment of the house/peristyle, that would remain on part of it the name that was for all of it.
1.6.6
בזמן שין שניהם רוצים – one cannot force his fellow to divide it by force, but he can force hi regarding the manner of "גוד או אגוד"/either fix you a price for my share, or I shall do so (and buy your share (see Talmud Bava Batra 13a), meaning to say, purchase my portion or sell me your portion for what it is worth.
1.6.7
ובכתבי הקודש – Torah, Prophets and Writings.
1.6.8
לא יחלקו – and specifically when they are in one volume, but in many volumes, each book separately, if they want, they can divide it.
2.1.1
לא יחפור. בור – round.
2.1.2
שיח – long or short
2.1.3
מערה – it is covered with an arched ceiling.
2.1.4
נברכת הכובסין – a square pit. And rain waters gather in it as it is made to launder clothing.
2.1.5
אלא אם כן הרחיק מכותלו – it is saying from the wall of his cistern. And the thickness of the wall of his cistern is not less than three handbreadths, it is found that from the cavity/space of his cistern to the cavity/space of his fellow’s cistern is six handbreadths. But it is prohibited for a person to rely upon one of the damages to the end of his boundary equally, other than if he distanced it the appropriate measurement, even though his fellow lacks a wall there, lest his fellow decide that he will build on the side of his boundary, and it is found that this causes damage.
2.1.6
וסד בסיד – the walls of his pit.
2.1.7
הגפת – the refuse of the olives after they were gathered together in the olive press.
2.1.8
הסלעים – stones where the light comes out from them, for all of these are hard for the fortification and weaken the wall, and we are not referring to the wall of the cistern now.
2.1.9
זרעים – they are hard for the wall for they undermine the grounds (through their roots – see Talmud Bava Batra 19b) and bring up crushed, loose earth.
2.1.10
ואת המחרישה – even though there are no seeds, as, for example, when they plow for trees, it is hard for the wall.
2.1.11
מי רגלים – they make loathsome the bricks which are of dry plaster. Therefore, someone who urinates close by the wall that is made of bricks needs to distance himself three handbreadths. But with a wall of stones, he distances himself a handbreadth, and of a hard stone such as granite, he does not have to distance himself at all.
2.1.12
הריחים – they are hard on the wall because they shake the ground with the force of its rolling.
2.1.13
מן השכב – from the lower millstone.
2.1.14
הרכב – this is the upper one that rides on this. But it is shorter by a handbreadth of the lower one.
2.1.15
שלשה מן הכליא – the base upon which they build from plaster/clay and stones that they place the oven upon it, and It is wide from the bottom and narrow from the top, and upper rim of the belly of the stove is where the stove sits. It is like the measurement of the oven and one must distance the base from the wall three handbreadths from its underbelly, which are four [handbreadths] from the its upper rim, because the vapor of the oven damages the wall.
2.2.1
גובה דא אמות – the space from the lip of the oven until the ceiling, in order that the fire not ignite the ceiling.
2.2.2
עד שיהא תחתיו מעזיבה – [plaster of] clay three handbreadths, so that the lower ceiling of the attic not burn, and above it a space of four cubits.
2.2.3
ובכירה – they place the pot on its cavity/space and they don’t make it in a large fire as they do for an oven.
2.2.4
ואם הזיק – after there were there all of these measurements,
2.2.5
he pays for the damage that he caused, and nevertheless, they prevent him with all of these measurements lest he kindle their homes, and he doesn’t have what with to pay. But the Halakha is not according to Rabbi Shimon.
2.3.1
ביין התירו – The smoke that goes up from the baker’s oven and from the dyer’s shop is not difficult for the wine, for the heat actually improves the wine that is in the Land of Israel. And in a place where it is known that the heat damages the wine, even under the wine storehouse, one should not not open a dyer’s shop or of a baker.
2.3.2
חנות שבחצר – one of the members of the courtyard that comes to open a store in the courtyard and the members of the courtyard prevent him.
2.3.3
לא מקול התינוקות – school children. And even though that the sound comes on account of others, they cannot protest, because of making the Torah great and glorious. But, if he is not teaching children Torah, but rather trades or accounting or תשבורת he can protest and say to him that he is not able to sleep because of the young children coming in and leaving.
2.4.1
מי שהיה כותלו סמוך לכותל חבירו – in the form of a גא"ם/Gamma – an angle, and he comes to make a second wall opposite the wall of his fellow until he makes the three walls like the form of the [Hebrew letter] "בי"ת"/Bet, his fellow will prevent him, until he distances it from opposite him four cubits, in order that the place between the two walls will be wide and many will be able to tread there. For the walking of feet on the ground nearest the wall strengthens the foundations of the wall and preserves them. And especially the wall of a garden or he wall of a courtyard that is in a new city where many have not [yet] tread, and the ground was not strengthened as much as needed through treading of the feet [of people]. But, in the wall of a courtyard that is in an old city is supported and there is no need to distance it. And similarly, if the wall of his fellow was not four cubits or more, he doesn’t have to distance it, for a wall that is less than four cubits does not need strengthening.
2.4.2
ובחלונות מלמעלן מלמטן ומכנגדן ד' אמות – he had a wall above his wall and his fellow built a wall opposite the window from below. If there remained from the top of the wall that he built up until the window less than four cubits in height, he forces him to lower the wall in order tha the not stand on the top of the wall and look out through the window.
2.4.3
מלמטן – the window was lower than the wall, he forces his fellow to raise the wall that he built opposite him at the height of four cubits from the window in order that he should not see him.
2.4.4
ומכנגד – he must distance the wall from the window four cubits in order that he will not obscure his light.
2.5.1
מרחיקין את הסולם – whomever has a dovecote of doves in his courtyard near to the wall that is between the two courtyards and his fellow comes to put up a ladder near the wall, he must distance the latter four cubits from the dovecote, in order that a marten will not jump, and it is small creature, into the dovecote and kill the doves.
2.5.3
מזחילה – it is a large spout that is placed on the length of the wall, and the waters of the roof flow into it, and if his wall would go along the face of the courtyard of his fellow and with the spout on top of it, he would have to distance it from it if he comes to build a wall on its side four cubits in order that a ladder can stand upright to go up and to repair his spout, to clean it from dust and from rocks that fall in it and prevent the continuous flow of water.
2.5.5
מרחיקים את השובך מן העיר – for the doves cause the loss of the seeds of the gardens.
2.5.6
אא"כ יש לו חמשים אמה – so that the doves do not cause the loss in the field of his fellow.
2.5.7
בית ארבעה כורין – an area requiring a Kor of seed in every direction, and the Kor is thirty Se’ah, but the Halakha is not according to Rabbi Yehuda.
2.5.8
מלא שגר היונים – race of their flying at one time [for food].
2.5.9
ואם לקחו – [if he bought it] (a field with a dovecote already in it) in its natural condition with the ground, even if he lacks all around him other than an area of a quarter-Kab (104 1/6 square cubits).
2.5.10
הרי הוא בחזקתו – since he was the first to have legal presumption of possession.
2.6.1
ניפול – a pigeon.
2.6.2
הנמצא בתוך חמשים אמה – of the dovecote.
2.6.3
בין שני שובכות – within fifty of both of them.
2.7.1
מרחיקין את האילן מן העיר – because it is beauty to the city (see Talmud Bava Batra 24b) when there is a wide expanse before it.
2.7.2
חרוב ושקמה – their branches are numeous.
2.7.3
אילן סרק – (see Mishnah Kilayim, Chapter 6, Mishnah 5 for a detailed definition) – it is a disgrace to the city.
2.7.4
ונותן דמים – to the person who owns the city.
2.7.5
ספק – cuts it down and he doesn’t make payment, because there was a judgment as to whether this one came first (i.e., the city) or that one came first (i.e., the tree), he cuts it down. After he cut it down, we say to the owner of the tree: “Bring proof that the tree came first and take [the money].”
2.8.1
גורן קבע – a threshing floor that has a large pile that they winnow it with a winnowing shovel is called a permanent threshing floor. But if the pile is not large, and he doesn’t have to winnow the chaff with a winnowing shovel, but rather, the wind blows it into a pile, and the chaff is driven off on its own, is called a threshing floor that is not permanent.
2.8.2
חמשים אמה – because the chaff that damages the members of the city when it is winnowed.
2.8.3
ומנירו – [newly ploughed field] of his fellow. A ניר/newly broken or ploughed field. This is a ploughing done during summertime in order that the roots of the thorns and grasses will die.
2.8.4
כדי שלא יזיק – What is the reason that this is said? What is the reason that we distance this from the crops of his fellow and from his newly broken/ploughed field fifty cubits? In order that the chaff not damage his plants and his newly broken/ploughed field, which is made of manure and ruins the newly broken field and dries out the plants/trees.
2.9.1
את הנבילות ואת הקברות – because of the bad smell.
2.9.2
הבורסקי – a place where they work the hides.
2.9.3
אלא למזרח העיר – for the east wind is not hard, other than if it comes for retribution. But when it comes in is normal manner, it is warm and blows gently, therefore, it does not bring the smell to the city.
2.9.4
חוץ מן מערבה – he can make it in any direction and distance it fifty cubits from the western wind, which doesn’t do anything because they pray to that direction where God’s presence is in the west. But the Halakha is not according to Rabbi Akiva.
2.10.1
המשרה – a place where the steep the flax and cause loss to the vegetables that are near them.
2.10.2
הכרישין – leeks in the language of the Talmud, and they destroy the onions that are near them.
2.10.3
ואת החרדל מן הדבורים – which destroys the honey and makes it pungent and sharp.
2.10.4
רבי יוסי מתיר בחרדל – because he can say to him (i.e., his fellow): “Until you tell me: Distance your mustard plant from my bees; distance your bees from my mustard plant because they come and eat the buds of my mustard plants.” And the Halakha is according to Rabbi Yosi.
2.11.1
ובחרוב ובשקמה – their roots are numerous.
2.11.2
בין מלמעלה – because one of them is above in height of the slope of the mountain.
2.11.3
בין מן הצד – on level ground.
2.11.4
ונותן דמים – for since he planted with permission, that he doesn’t damage until a great time [passes], the Sages did not require him to cut it down without payment because of the wind/blast of an individual [tree].
2.11.5
רבי יוסי אומר – And the Halakha is according to Rabbi Yosi.
2.12.1
סמוך לשדה חבירו – whether it is a bright field lacking shade or it is a cultivated field in which trees grow.
2.12.2
אלא אם כן החיק ממנו ארבע אמות – in order for the word of the vineyard, for when he ploughs his trees, there should not be a need to bring his plough into that (i.e., the field) of his fellow. And these words refer to the Land of Israel, and places like it where their ploughs are long. But in Babylonia and in other countries where their ploughs are short, a distance of two cubits is sufficient, and especially with vines to [other] vines, and trees to trees, where two cubits are sufficient. But, one who comes to plant in an orchard near the vines, even in Babylonia, and places similar to it, one has to make a distance of four cubits.
2.12.3
מעמיק שלשה טפחים – the owner of the field whose fellow’s tree roots went out into his field, he cus them at a depth of three handbreadths and does not worry.
2.12.4
והעצים שלו – of the owner of the field, and this will be the place where he ploughs sixteen cubits or more from the tree of his fellow, but less than this, the wood belongs to the owner of the trees, for up to sixteen cubits, they absorb sap, more than this, they don’t suck the sap.
2.13.1
קוצץ – [he cuts] the branches until the height of the handle protruding over the plough (i.e., the ox-goad), to not prevent him from bringing his plough there (see Talmud Bava Batra 27b).
2.13.2
מרדע – which teaches the cattle [sense].

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org Licence: CC-BY. Source.