Bava Basra 6b
בבא בתרא ו׳ ע״ב
Bava Batra 6b
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Topic
How far a renter may use the outside of a large building; when resting a beam on a neighbor's wall becomes a חזקה; and אביי's rule about roof fences for two houses facing each other across a רשות הרבים
Overview
The amud opens at the end of a ruling about what a renter in a large building may use: its walls and projections, but not the front garden. רב נחמן in his own name and then רבא each widen this, first to the front garden and then to the back yard. רבינא teaches when a beam resting on a neighbor's wall becomes a חזקה: after 30 days, after 7 days for a סוכה, and right away if it is set in clay. אביי rules that two houses facing each other across a רשות הרבים must each fence half a roof. The גמרא explains why the public street matters and why the rule is not obvious. Next, שמואל requires a four-אמות fence between a roof and a neighbor's courtyard, while רב נחמן requires only a ten-טפחים partition. The גמרא explains that this partition marks a theft boundary and defends it against a ברייתא. רב הונא and רב חסדא then argue about who builds the wall between courtyards at different heights, and a ברייתא supports רב חסדא. The amud ends with a story of a collapsed lower floor whose owner asks the upstairs neighbor to rebuild. The ruling comes on the next amud.
Opening lines
בְּבִירָה גְּדוֹלָה,
In a large building,
מִשְׁתַּמֵּשׁ בְּזִיזֶיהָ וּבִכְתָלֶיהָ
he may use its projections and its walls
עַד אַרְבַּע אַמּוֹת,
up to four cubits,
וּבְעוֹבִי הַכּוֹתֶל – בִּמְקוֹם שֶׁנָּהֲגוּ,
and the thickness of the wall, in a place where they are accustomed to do so;
The steps (22)
- StatementWhat a renter may use in a large building
- Statementרב נחמן in his own name allows the front garden
- Statementרבא allows even the back yard
- StatementA shade beam on a neighbor's wall becomes a right after thirty days
- StatementA סוכה beam takes seven days, and a beam set in clay is a right at once
- StatementTwo houses across a public area each fence half a roof
- ChallengeWhy mention a public area at all?
- ResolutionA public area was needed to block a possible excuse
- ResolutionWhy a neighbor's view is worse than the public's
- ChallengeIsn't the half-roof fence rule obvious?
- ResolutionWhen one neighbor already built his half
- StatementA roof next to a neighbor's courtyard needs a four-אמות fence
- Statementרב נחמן's own view: ten טפחים is enough
- ChallengeWhat is the ten-טפחים partition for?
- ResolutionThe partition removes the excuse of a trespasser
- ChallengeA ברייתא seems to require no fence at all
- ResolutionOnly the four-אמות fence is not required
- Statementרב הונא: each owner builds from his own level
- Statementרב חסדא: the upper owner helps from the bottom
- ProofA ברייתא supports רב חסדא
- StatementThe lower floor collapses and its owner asks for help rebuilding
- StatementThe upper owner refuses because he is living comfortably