Bava Basra 100a

בבא בתרא ק׳ ע״א

Bava Batra 100a

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Topic

Public paths through private fields: why the owner cannot swap or reclaim them, acquiring a path by walking, and the standard widths of paths

Overview

This amud continues the משנה about an owner who moves a public path from the middle of his field to the side. רב אשי explains why the owner never gets the old path back: any side path is a winding route, closer for some people and farther for others. The גמרא then asks why the owner cannot take back the new path he gave. It answers that the משנה follows רבי אליעזר, who holds that a path the public chooses for itself is theirs. רב גידל in the name of רב limits this to a path that was lost in that field. A different report of רב rules against רבי אליעזר, and under that view the reason is רב יהודה's rule that a strip the public has taken over may not be ruined. The גמרא explains that for רבי אליעזר walking acquires land, based on ה׳ telling אברהם to walk the land. חכמים reject that proof, but they agree that a path through vineyards is acquired by walking. The amud ends with the widths of paths: a vineyard path, a private path (four cubits, which is the same as a loaded donkey's width), a road between cities (eight cubits), and a public road (sixteen cubits).

Opening lines

The steps (21)

1. Resolutionרב אשי: every side path is a winding route
2. ChallengeWhy can't the owner take back the new path he gave?
3. ResolutionThe משנה follows רבי אליעזר: a path the public chose is theirs
4. ChallengeDoes רבי אליעזר let the public steal?
5. Resolutionרב גידל: the case is a path that got lost in that field
6. ChallengeThen why does רב rule against רבי אליעזר?
7. ResolutionTwo different reports of what רב said
8. QuestionWhy can't the owner take back the path he gave?
9. ResponseBecause of רב יהודה's rule about a public border strip
10. QuestionHow does the public acquire the path according to רבי אליעזר?
11. ResponseWalking acquires: the ברייתא of רבי אליעזר and חכמים
12. Proofרבי אליעזר's source: אברהם walking the land
13. RejectionHow חכמים read the פסוק about אברהם
14. Statementחכמים agree for a path through vineyards
15. Statementרב יצחק בר אמי sets the width of a vineyard path
16. StatementThe wide measure applies only when fences close in the path
17. Statementאחרים measure a private path by a loaded donkey
18. Statementדייני גולה give two and a half cubits
19. Challengeרב הונא seems to contradict himself
20. ResolutionBoth opinions describe the same width
21. StatementA road between cities is eight cubits