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Bava Basra 3a

בבא בתרא ג׳ ע״א

Bava Batra 3a

Learn Bava Basra 3a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 3a in Gemara Clarity

Topic

Partners dividing a courtyard: היזק ראיה, binding the agreement with a קנין, the wall's building materials and thickness, and the אמה טרקסין

Overview

This amud opens with the last words of the first version of the discussion about the משנה's wall between partners. Then the גמרא gives a second version. It asks whether מחיצה means 'division' or 'wall', and whether היזק ראיה (damage from being seen) counts as real damage. After a back-and-forth about the wording, the 'division' reading stands. רבי יוחנן explains that the משנה is about a courtyard too small to be divided by force, which is split only when both partners agree. Our משנה teaches that a real wall is then required, and a later משנה is needed for its rule that holy books are never divided. The גמרא then asks why an agreement binds the partners at all. It answers that they made a קנין on specific sides of the courtyard, or, according to רב אשי, each took possession of his own part. Next the גמרא defines the building materials גויל, גזית, כפיסין and לבנים, and רב אשי teaches that these meanings come from tradition. אביי learns that the gap between a wall's rows is a טפח, and the גמרא discusses how thick a wall must be, using the אמה טרקסין of the first מקדש. The amud ends with a dispute over whether the second מקדש was 'greater' in its building, and that dispute continues on the next amud.

Opening lines

דְּאִיצְטַנַּע מִינָּךְ.

so that I can be hidden from you.

לִישָּׁנָא אַחֲרִינָא אָמְרִי לַהּ:

Another version says it this way:

סַבְרוּהָ, מַאי ״מְחִיצָה״ – פְּלוּגְתָּא,

They assumed: what does "מחיצה" mean? A division,

דִּכְתִיב: ״וַתְּהִי מֶחֱצַת הָעֵדָה״;

as it is written: "And the division of the congregation was";

The steps (42)

  1. ResolutionClosing words of the first version: so I can hide from you
  2. ProofSecond version: מחיצה means a division, so seeing is damage
  3. RejectionMaybe מחיצה means a wall, as in the vineyard משנה
  4. ChallengeIf they had to agree, seeing is not damage
  5. ChallengeIf it means 'wall,' the wording should be 'build it'
  6. ChallengeIf it means 'division,' the wording should be 'to divide'
  7. ResolutionPeople really do say 'let's make a division'
  8. ChallengeWhy does the משנה need both partners to want it?
  9. ResolutionThe משנה is about a courtyard too small to divide by force
  10. ChallengeWe already learned this in another משנה
  11. ResolutionOur משנה teaches that a real wall is required
  12. ChallengeThen why is the other משנה needed?
  13. ResolutionThe other משנה was needed for its rule about holy books
  14. ChallengeAnother version: why can't a partner simply back out?
  15. ResolutionThey made a formal act of acquisition
  16. ChallengeWhy not teach the bigger case?
  17. ResolutionWithout our משנה we would think agreement does not force a wall
  18. ChallengeThe later משנה already teaches this
  19. ResolutionThe later משנה is about a light partition
  20. ChallengeThen the later משנה seems unnecessary
  21. ResolutionThe later משנה is needed for holy books
  22. ChallengeIf the courtyard cannot be divided by law, why can't they back out?
  23. ResolutionThey made a binding קנין
  24. ChallengeA קנין on mere words does not work
  25. ResolutionThe קנין was on the actual sides of the courtyard
  26. ResolutionEach partner took possession of his own part
  27. StatementDefining the four building materials
  28. ChallengeMaybe גויל means half-width smoothed stones
  29. ProofBacking up the challenge with the case of כפיסין
  30. ResolutionThe meanings are known by tradition
  31. ChallengeAnother version: maybe כפיסין are rough stones
  32. ResolutionAgain: the meaning is a tradition
  33. Statementאביי learns that the gap between rows is always a handbreadth
  34. StatementFirst version: the handbreadth rule is for mortar
  35. StatementSecond version: the handbreadth rule is for gravel
  36. ChallengeChallenge from the thin, tall wall in the first Temple
  37. ResolutionThe extra handbreadth kept it standing
  38. QuestionWhy the second Temple had no אמה טרקסין
  39. ResponseSix handbreadths only works up to thirty cubits
  40. QuestionHow do we know the second Temple was taller?
  41. ResponseThe verse: the latter house will be greater
  42. StatementA dispute over what 'greater' means