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