Bava Basra 99b

בבא בתרא צ״ט ע״ב

Bava Batra 99b

Learn Bava Basra 99b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Rights of passage and use on someone else's land: inner gardens, water channels and their banks, and moving a public road

Overview

The amud opens with the last words of the previous discussion: the homeowner may put his own lock on the door because of a concern about his wife. A new משנה follows. Someone whose garden can only be reached through his חבר's garden may pass only at normal hours, may not bring in תגרין, and may not use it as a shortcut, and the outer owner may plant on the path. If a side path was set up with both owners' agreement, he may come and go freely and bring תגרין, but nobody may plant on that path. The גמרא brings שמואל's rulings on how much land comes with a sold water channel and who may grow things on its banks. It then discusses whether the channel owner may repair collapsed banks with earth from the field, where רב פפא replaces שמואל's reason with a condition of the sale. A second משנה teaches that a man who moves a public road to the side of his field loses both roads, and it lists standard widths for paths and roads. The גמרא asks whether this proves a person may never enforce his own rights, and two answers in רבא's name show that it does not.

Opening lines

The steps (16)

1. ResponseThe reason for the homeowner's lock: suspicion about his wife
2. StatementAn inner garden reached through a neighbor's garden
3. StatementA side path set up with both owners' agreement
4. StatementHow much land comes with a sold water channel
5. QuestionWho may sow the channel's banks?
6. ResponseTwo reports of שמואל: sow or plant
7. StatementExplaining the gap between the two versions
8. StatementFixing collapsed banks with the field's earth
9. Challengeרב פפא: your water washed it away
10. ResolutionA new reason: the field owner agreed to it
11. StatementNew משנה: moving a public road to the side
12. StatementStandard sizes of paths, roads, and the mourners' standing place
13. ChallengeWhy can't he just guard the old road himself?
14. ChallengeDoes this prove a person may never enforce his own rights?
15. Resolutionרב זביד: a special decree in case he gives a crooked road
16. Resolutionרב משרשיא: the משנה only means when he actually gives a crooked road