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Baba Basra 1:5-6

Baba Basra 1:5

A person can be compelled to chip in towards a gatehouse and a door for his courtyard. Rabban Shimon ben Gamliel says that not every courtyard requires a gatehouse. Everyone can be compelled to contribute towards a wall, double doors, and a lock for the city; Rabban Shimon ben Gamliel says that not every city requires a wall. In order to be considered a resident of a city (and therefore responsible to contribute), one has to live there for 12 months. If a person bought a home there, he is considered a resident immediately.

Baba Basra 1:6

Someone cannot be compelled to partition his courtyard unless there is a plot of four cubits (about six feet) for each resident. Likewise, one is not compelled to divide a field unless there is sufficient area for each resident to plant nine kav of grain (3,750 square cubits each); Rabbi Yehuda says nine half-kav for each resident (1,875 square cubits). One is not compelled to divide a garden unless there is enough area for each resident to plant a half-kav (208.3 square cubits); Rabbi Akiva says a quarter-kav each (104.17 square cubits). One is not compelled to divide a hall, a tower, a pigeon coop, a cloak, a bathhouse or an olive press unless there is enough to be usable by each party. The general principle is that anything that retains its name when divided can be divided, otherwise not. This is only the case when joint owners don’t agree; if they both agree, then anything be divided regardless of its size. A jointly-owned book of Tanach may not be divided even if the owners both agree (because doing so is disrespectful).

Hear Rabbi Novak's original shiur here.

Author: Rabbi Jack Abramowitz