meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Bava Batra/English/Sefaria Community Translation.txt"}
text: Mishnah Bava Batra
  משנה בבא בתרא
  Sefaria Community Translation
  
  
  Mishnah Bava Batra
  
  
  
  
  
  [If] joint owners agreed to make a division in a courtyard, they build the wall in the middle. They can build with rough stone, smooth stones, half-bricks, or bricks depending on the custom of the land. If  [the division is made of] rough-stones, each person gives three hand- breadths. If [the division is made of] smooth stones, each person gives two and a half hands-breadths. If [the division is made of] half-bricks, each person gives two hands-breadths. If [the division is made of] full bricks, each person gives one and a half handbreadths. Therefore, if the wall falls, the place where the wall and the materials were will belong to both of them.
  Similarly in a garden; In a place where the custom is to build a fence, one can obligate him to build one. However, in a grain field, in a place where there isn't a custom to build a fence, one cannot obligate him. Rather, if one wants [to do so], one goes within one's own [property] and builds, and makes a sign facing outwards.  Therefore, if the wall falls, the space [where the wall stood] and the bricks belong to that person. If the wall was created according to the will of both people, they build the wall in the middle, and create a sign on both sides. Therefore, if the wall falls, the space [where the wall stood] and the bricks belong to both people:
  If someone surrounds [the property of] his neighbor on three sides, and builds a fence on the first, second, and third side, he  [the neighbor] is not obligated [to contribute to the cost of the fence].  Rabbi Yose says, if [the neighbor] then builds a fence on the fourth side [of his property], we obligate him to contribute to the whole [fence].
  If the wall of a courtyard falls, we obligate him to build up to four cubits. One is assumed to have given, until one brings proof that he has not given. From four cubits and up, we do not obligate him. If he built an adjacent wall, even if he did not put the ceiling above it, we make it all incumbent upon him. One is assumed not to have given, until one brings proof of having given.
  We force a person to build a gatehouse and a door for the courtyard.  Rabban Shimon ben Gamliel says: Not all courtyards are suitable for gatehouses.  We force a person to build for a city a wall, doors, and a deadbolt.  Rabban Shimon ben Gamliel says: Not all cities are suitable for a wall.  How long must a person live in a city to be counted among the people of that city?  Twelve months.  If a person bought a house, he is immediately considered to be a person of that city.
  One may not divide a courtyard unless [it is large enough that] one person will have four cubits and the other person will have four cubits. And not a field, unless one person will have nine <i>kab</i>   [a measure of how much grain could be produced in that amount of land] and the other person will have nine <i>kab</i>. Rabbi Yehudah says: Unless one person will have nine and a half <i>kab</i> and the other person will have nine and a half <i>kab</i>. And not in a garden, unless one person will have half a <i>kab</i> and the other person will have half a <i>kab</i>. Rabbi Akiva says: A <i>beit rova</i> [a fourth of a <i>kab</i>].  And not a hall, and not a palace, and not a dovecote, and not an outer garment, and not a bathhouse, and not a oil press, unless there is a sufficient amount in [each of] them for this one person, and a sufficient amount in [each of] them for the other person. This is the general principle: Anything which may be divided and [still retain, as before] its name upon it, they may divide it. And if not, they may not divide it. When [does this apply]? When they do not both want to [divide], but when they both want to [divide], even with less than that, they may divide.  But if [the shared object is] the Holy Scriptures, even if both parties want to [divide], they may not divide. 
  
  
  
  One should not dig a pit near the pit of his neighbor, nor a ditch, nor a cave, nor an irrigation pool, nor a laundry-pool, unless one distances it from one's neighbor's wall by at least three handbreadths, as well as plastering it.  One should distance olive pulp, manure, salt, plaster, and rocks from one's neighbor's wall by at least three handbreadths, as well as plastering it.  One should distance one's seeds, plow, and urine from one's neighbor's wall by three handbreadths.  One should distance a millstone three [handbreadths] from the base-stone, which is four [handbreadths] from the uppermost stone. And one should distance an oven three [handbreadths] from its base, which is four [handbreadths] from its edge.
  One should not put an oven inside of a house, unless there is a height of four cubits above it.  If one puts it in an attic, one must put below it three handbreadths of mud plaster. With a stove, one handbreadth.  If it causes damage, one pays for what was damaged. Rabbi Shimon says: All of these amounts were said only [to teach] that if it [nevertheless] caused damage, one is exempt from paying. 
  A person should not open a bakery, nor a dye-shop, under the storehouse of one's neighbor.  Nor a cowshed. In truth, they allowed it with wine, but not a cowshed. [If one wishes to open] A store that is in a courtyard, one can protest and say: "I cannot sleep because of the noise of those coming and the noising those going." One who makes items may go out and sell them in the market, but one may not protest and say: "I cannot sleep due to the noise of the hammer, the mill-stone, and the children."
  One whose wall was close to the wall of their neighbor should not add an additional adjacent wall, unless one distances it from the original by four cubits.  And the windows, whether above, below, or across from, [must be distanced] four cubits.
  One must distance a ladder from a dovecote four cubits so that a small animal will not be able to jump, and a wall from the [wall topped by a] rain gutter by four cubits, in order to be able to extend a ladder. One must distance a dovecote from a city by fifty cubits. And one should not make a dove cote within one's own [field] unless there are fifty cubits of space in each direction. Rabbi Yehudah says: [at least the amount of space necessary to plant] Four <i>kor</i> [measure of capacity of seed for a field], the full distance of a dove's initial flight. But if one acquired [a dovecote, with the property], even if there is but one quarter [a <i>kor</i> to each direction], it remains within that person's ownership.
  A fallen bird found within fifty cubits, it belongs to the owner of the dovecote. Outside of fifty cubits, it belongs to the finder. If it is found between two dovecotes, if it is closer to this one, it is his, and if it is closer to this one, it is his. If it is halfway between, they both split it.
  We distance the tree from the city [a distance of] twenty-five cubits, and [in the case of] a carob tree or a sycamore, fifty cubits. Abba Shaul says: Every tree that does not produce fruit, [we distance] fifty cubits. If the city was there first, we cut it and do not pay. If the tree was there first, we cut it and pay. If it is unclear whether the tree or the city came first, we cut it and do not pay.
  They must distance a permanent threshing floor fifty cubits of the town.   One may not make a permanent threshing floor within his own domain unless his ground extends fifty cubits in every direction. And one must distance it from one's fellow’s plants and from that person's furrow  so that it will not cause damage. 
  They must distance animal carcasses, graves and tanneries  from a town by fifty cubits.  And they may not make a tannery except to the east of a city. Rabbi Akiva says:  One may set it up on any side except the west, and one must distance it fifty cubits [from the town]. 
  They must distance a pool for soaking flax  from vegetables, and leeks from onions, and mustard plant from bees.   Rabbi Yose permits mustard plant.    
  They must distance a tree twenty five cubits from a cistern, and fifty cubits if it is a carob or a sycamore, whether it is higher or on the side. If the cistern was there first, one may cut down the tree and give compensation. If the tree was there first, one may not cut it down. If it is in doubt if this came first or if this came first, one may not cut down the tree. Rabbi Yose says:  Even if the cistern was there before the tree one shouldn't cut it down, since this one dug within one's own domain and the other planted within one's own domain.
  A person may not plant a tree near another’s field unless one distanced it four cubits, no matter whether it is a vine or any other kind of tree. If there was a fence between, this one may plant up to the fence on this side and this one may plant up to the fence on this side. If its roots entered within the other’s property, the other may cut them away to a depth of three handbreadths so that they do not hinder the plow. If one dug a cistern, trench or cave, one may cut them away as far down as one digs, and the wood belongs to that person. 
  A tree which leans into the field of a neighbor, one may prune it back as far as is reached by an ox-goad held over the plow. Or, if it is a carob or sycamore, according to the plumb line’s measure. With regard to irrigated field, all trees may be cut away according to the plumb line’s measure.  Abba Shaul says:  All trees that bear no fruit [are pruned] according to the plumb line’s measure. 
  A tree which leans into the public domain, one should prune enough to allow a camel and its rider pass by. Rabbi Yehudah says:  A camel laden with flax or bundles of branches. Rabbi Shimon says:  Every tree [must be pruned] according to the plumb line’s measure, because of impurity. 
  
  
  
  The legal period of <i>chazakah</i> [a presumption of ownership, generally regarding landed property, established by unchallenged, publicly known possession for a certain period of time, together with a legally acceptable claim regarding how the property came into the possessor’s hands] for houses, cisterns, trenches, caves, dovecotes, bath-houses, olive-presses, irrigated fields and slaves and anything which continually produces a yield is three complete years . The legal period of possession [in order to establish ownership] for a field irrigated by rain water is three years and they need not be completed.   Rabbi Yishmael says:  Three months during the first year, and three months during the last year and twelve months during the middle year, which makes eighteen months. Rabbi Akiva says:  One month during the first year and one month during the last year and twelve months during the middle year, which makes fourteen months. Rabbi Yishmael said:  When does this apply?  With regards to a grain field, but when it comes to a field of trees , if he brought in his produce (grapes), harvested the olives and gathered in his fig harvest, this counts as three years.   
  There are three separate areas of land for the purposes of <i>chazakah</i>; [obtaining land through demonstrating ownership for an extended period of time]: Judea, The Eastern Side of the Jordan and the Galilee. If the owner of a piece of land in the Galilee was currently living in Judea and someone occupied on that person's land in the Galilee, that person would not acquire said land and vice versa.  One can only acquire the land if they are living in the same region.  Rabbi Yehuda says, the reason it takes three years to acquire land through occupying it is so that if the owner were in Spain the squatter could squat for one year, people traveling to inform the owner would take one year and then one year to return with the owner's objection. 
  Any [claim of ] <i>chazakah</i> which  is not accompanied by a claim [of legal acquisition] is not valid <i>chazakah</i>. How is this so? If he said to him:  “What are you doing on my property? And the other answered:  “No one ever said anything to me”, this is not <i>chazakah</i>. “You sold it to me”, “You gave it to me as a gift”, “Your father sold it to me”, “Your father gave it to me as a gift”, this is <i>chazakah</i>. One who comes due to inheritance [from the previous owner], does not need to make a claim. Craftsmen, partners, sharecroppers and guardians cannot establish ownership through <i>chazakah</i>. A man cannot establish ownership through <i>chazakah</i> regarding his wife’s property, nor may a wife establish ownership through <i>chazakah</i> regarding her husband’s property, nor a father of his son’s property, nor a son of his father’s property. When is this so? When the person attempts to acquire the land through <i>chazakah</i>. But, when the property was given as a gift, or when brothers shared a piece of their inheritance, or when one claimed title by <i>chazakah</i> of a convert [who died without inheritors], and then he locked up, walled up or broke down anything, behold, this is <i>chazakah</i>.
  If there are two witnesses claiming that someone squatted on a piece of land for 3 years and they were found out to be false witnesses, they must pay the full value of the land the owner would have lost.  If a 2 witnesses testify about the first year, 2 about the second year and 2 about the third year, then they split the value between them.  If the witnesses were 3 brothers [who cannot testify as relatives cannot testify together], and one other witness joined them, they are considered to be 3 separate sets of witnesses but they must all be found to be false witnesses to require them to pay. 
  These are the actions through which <i>chazakah</i> is established and these are the actions through which <i>chazakah</i> is not established.  If he put a beast in a courtyard, or an oven or stoves or mill-stones, or raised fowl or put his manure in a courtyard, this is not <i>chazakah</i>. But if he built for his beast a partition ten hand-breadths high, so too for an oven, so too for a stove, so too for a mill-stone, [or] he brought fowl inside the house, or prepared for his manure a place three hand-breadths deep or three hand-breadths high, this is <i>chazakah</i>. 
  A gutter spout cannot cause title through <i>chazakah</i> but its place does confer title through <i>chazakah</i>. A gutter can give title through <i>chazakah</i>. An Egyptian ladder cannot give title through <i>chazakah</i> but a Tyrian ladder can. An Egyptian window cannot give title through <i>chazakah</i> but a Tyrian window can. What is an Egyptian window?  One through which a man’s head may not enter. Rabbi Judah says:  If it has a frame, even though a man’s head cannot enter through it, it can give title through <i>chazakah</i>.” A projection, if it extends a handbreadth or more can give title through <i>chazakah</i>, and the other [into whose premises it projects] can protest against it. But if it is less than a handbreadth it cannot give title through <i>chazakah</i> and the other cannot protest against it. 
  One may not open a window into a jointly owned courtyard. If one bought a house in another [and adjoining] courtyard, that person may not open it into a jointly held courtyard. If one built an upper story over one's house, one may not make it open into the jointly held courtyard. However, one may, if one wishes, build another room within one's house or build an upper room over one's house and make it open into one's own house. One may not open a door into a jointly held courtyard directly opposite another’s door, or a window directly opposite another’s window. If the window was small one may not make it larger; if it was a single window one may not make it into two. But one may open a door  into the public domain opposite another’s door, or a window opposite another’s window. If the window was small one may make it larger; if it was a single window one may make it into two. 
  One may not hollow out a space underneath the public domain, cisterns, trenches or caves. Rabbi Eliezer permits it if it is such that a wagon loaded with stones can [safely] go over it.   One may not build out projections and balconies into the public domain; but if he wants, he may withdraw [his wall] within his own domain and build out from it. If one bought a courtyard in which were already projections and balconies, they are under that person's rights of possession. 
  
  
  
  One who sold a house has not sold its annex, even though it opens into the house, nor the room that further in [to the property than the house], nor the roof, if it has a railing more than ten hand-breadths high.   Rabbi Yehudah says: If [the entrance to the roof] has the form of a door, even if [the railing] is not ten hand-breadths high, it is not sold. 
  Nor [has he sold] the cistern or the cellar, even though he had written in the deed of sale, “The depth and height."   And [the seller] must buy himself a path [from the new owner to reach his cellar or cistern] - the words of Rabbi Akiva. But the Sages say:  He need not buy himself a path. And Rabbi Akiva agrees that if he had said to him, “Excepting [the cistern or cellar],” that he need not buy himself a path. If he sold [the cellar or cistern] to another, Rabbi Akiva says:  He need not buy himself a path. But the Sages say:  He must buy himself a path. 
  One who sold a house has sold the door, but not the key. He has sold a permanent mortar but not a movable one. He has sold the convex millstone but not the concave one, nor the oven, nor the stove. But if he had said, "It and all that is in it," these are also sold.
  One who sold a courtyard has sold its houses, cisterns, trenches and caves, but not the movable property. In the event that he said, “It and all that is in it,” all of these are also sold.   But in neither case has he sold the bath-house, or the olive press that are in it. Rabbi Eliezer says:  One who sold a courtyard has sold only the space of the courtyard. 
  One who sold an olive press has sold the vat, the mill, and the posts, but he has not sold the pressing-boards, the wheel, or the beam. In the event that he had said, “It and all that is in it," all these are also sold.  Rabbi Eliezer says: One who sold an olive press has sold the beam.  
  One who sold a bath house has not sold the planks or the benches or the curtains. But in the event that he said, "It and all that is in it," all these are also sold.  In neither case has he sold the water containers or the stores of wood. 
  One who sold a town has sold the houses, cisterns, trenches, caves, bath houses, dovecotes, olive presses, and irrigated fields, but not the movable property. But in the event that he said, “It and all that is in it," even if cattle and slaves were in it, all of these are sold. Rabban Shimon ben Gamaliel says: One who sold a town has sold the town watchman. 
  One who sold a field has also sold the stones that are being used for its purposes, and the reeds of a vineyard that are being used for its purposes, and its produce that is attached to the ground, and a partition of reed which covers less than a quarter [<i>kav</i>]’s space of ground, and the watchman’s hut if it was not plastered with mortar, and ungrafted carob trees and young sycamores.  
  But he has not sold the stones that are not being used for its purposes, nor the reeds in a vineyard that are not being used for its purposes, nor the produce that has already been picked from the ground. But if he had said, “It and all that is in it,” all of these are also sold. But either way he has not sold any partition of reeds that covers a quarter-[<i>kav</i>]’s space of ground, or the watchman’s hut if that was plastered with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are in ruin or in use.   And he must purchase a path - these are the words of Rabbi Akiva. But the sages say:  He need not. And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself path. If he had sold them to another, Rabbi Akiva says:  He [that bought them] need not buy himself a path. But the Sages say:  He must buy himself a path. To what do these words refer?  To a seller. But one who gives it as a gift gives all of it. If brothers divided [an inheritance, the one who] has rights to a field has rights to everything that is in it. One who is laying claim to the property of a convert, [once] he lays claim to the [convert’s] field, he lays claim to everything that is in it. One who dedicated a field [to the Temple] has dedicated everything in it. Rabbi Shimon says:  One who dedicated a field [to the Temple] has dedicated only the grafted carob trees and cropped sycamores. 
  
  
  
  One who sells a ship has sold its mast, sail, anchor, and oars, but he has not sold its [attendant] slaves, nor the packing bags, nor the stores. In the event that he said to him, “It and all that it contains,” then all these are included in the sale. One who sold a wagon has not sold the mules. One who sold the mules has not sold the wagon. One who sold the yoke has not sold the oxen. One who sold the oxen, has not sold the yoke. Rabbi Yehuda says: The price indicates [what is to be included in the sale]. How so? [If] he said to him, “Sell me your yoke for two hundred <i>zuz</i>,” it is obvious that a yoke [alone] is not [sold] for 200 <i>zuz</i>. But the Sages say: The price is no proof.
  One who sold his donkey has not sold its accessories.  Nahum haMadi says: He has sold its accessories.  Rabbi Yehuda says: Sometimes they are sold and sometimes they are not sold.  How is it so? There was a donkey before him with its accessories upon it, and he said to him, "Sell me this donkey of yours," its accessories are sold.  "Your donkey" - its accessories are not sold.
  One who sold a donkey has sold its foal. If he sold a cow he has not sold its calf. If he sold a trash heap, he has sold its dung. If he sold a cistern, he has sold its water. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the doves. One who bought the products of a dovecote from his fellow must chase away the first brood. The products of a beehive - he takes three swarms and then alternates. Honeycombs - he must leave two honeycombs. Olive trees to cut down the branches - he must leave two branches. 
  One who bought two trees in his fellow’s field - he has not bought their ground. Rabbi Meir says: He has bought their ground. If they expand, [the owner of the land] may not trim them. Whatever grows from a shoot belongs to him, but what comes up from the roots belongs to the owner of the land. And if they die, the ground is not his. If he bought three trees, he has bought their ground. If they expand, [the owner of the land] may trim them. And what from a shoot or from the roots belongs to him. And if they die the ground is his.  
  One who sold the head of a head of cattle has not sold the feet. If he sold the feet, he has not sold the head. If he sold the windpipe and lungs he has not sold the liver. If he sold the liver, he has not sold the windpipe and lungs. But in the case of a [sheep or goat]: If he sold the head he has sold the feet. If he sold the feet he has not sold the head. If he sold the windpipe and lungs he has sold the liver. If he sold the liver he has not sold the windpipe and lungs. 
  There are four rules regarding those who sell: If one has sold good wheat and it is found to be bad, the buyer may retract. If he sold bad wheat and it is found to be good, the seller may retract. Bad wheat and it is found to be bad, or good wheat and it is found to be good, neither may retract. Dark wheat and it is found to be white; white and it is found to be dark; wood of the olive tree and it is found to be wood of the sycamore; wood of the sycamore and it is found to be wood of the olive tree; wine and it is found to be vinegar; vinegar and it is found to be wine: either of them may retract. 
  [If] one sells produce to his fellow: if the buyer drew it toward himself but did not measure it, he has acquired [it]. If he measured it but did not draw it towards himself, he has not acquired [it]. If he is clever he will rent the location [of the produce]. One who bought flax from his fellow does not acquire it until he moves it from place to place. If it was attached to the ground and he plucked any small quantity of it, he has acquired it. 
  [If] one sold wine or oil to his fellow, and they became more expensive or less expensive: if [the price changed] before the measuring device was filled, [it belongs] to the seller. Once the measuring device was filled, [it belongs] to the buyer. If there was a middleman between them: if the barrel broke, it broke to [the detriment of] the middleman. The seller [of wine or oil] must let three more drops drip [for the buyer]. If he then turned the measuring device over and [the liquid] pooled, this belongs to the seller. And the shopkeeper is not obligated to let three more drops drip. Rabbi Yehuda says: On the eve of Shabbat, once it is dark, is he exempt. 
  [If] one sent his child to a shopkeeper with a <i>pundion</i> in his hand and he measured out an <i>issar</i> worth of oil for him and gave him an <i>issar</i> [in change], [and] the child broke the flask and lost the <i>issar</i>, the shopkeeper is liable. Rabbi Yehuda exempts him, for he did send him for this purpose. And the sages agree with Rabbi Yehuda that if the shopkeeper measured the oil into the flask while it was in the child’s hand, the shopkeeper is exempt. 
  The wholesaler must wipe his measuring devices once every thirty days and the householder once every twelve months. Rabban Shimon ben Gamaliel says:  Vice versa. The shopkeeper must wipe his measuring devices twice per week, and clean his weights once per week, and clean his scales for each and every weighing. 
  Rabban Shimon ben Gamliel said:  To what do these words apply?  To [vessels used to measure] liquid. But [vessels used to measure] dry substances do not require it. And he must tilt the scales by a handbreadth [to the buyer’s advantage]. If he measured what appears [to be exactly even] for him, he must give him the customary addition to the measure: a tenth for liquid measures and a twentieth for dry measures. In places where they are accustomed to measure with small measures, he should not measure with large measures; with large measures, he should not measure with small measures; to smooth down, he should not heap; to heap, he should not smooth down. 
  
  
  
  One who sold produce to his fellow and [its seeds] did not sprout, even if it was flax-seed, he is not liable. Rabban Shimon ben Gamaliel says:  Seeds [sold specifically] for gardening, which are not eaten -  he is liable.
  One who sells produce to his fellow: he accepts [that there will be] a quarter-[<i>kab</i>] of refuse per <i>seah</i>. Figs - he accepts [that there will be] ten that are worm-ridden per hundred. A cellar of wine - he accepts [that there will be] ten barrels gone bad per hundred. Porcelain jars in Sharon - he accepts [that there will be] ten which are not fully dry per hundred. 
  One who sold wine to his fellow and it turned sour is not responsible. But if it was known that his wine would [soon] turn sour, this is a mistaken purchase. If he had said to him, “It is spiced wine that I am selling to you," he must provide him with wine [that will last] until Shavuot. "[It is] old wine," - [it must be] from last year’s. "[It is] aged wine," - [it must be] from three-year-old [wine]. 
  One who sells his fellow a place to build a house, and so, too, one who contracted with his fellow to build him a groom's-house for his son, or a widow’s house for his daughter, builds it four cubits by six - the words of Rabbi Akiva. Rabbi Yishmael says:  That is a cattle-shed. One who wants to build a cattle-shed, builds it four by six. A small house—six by eight. A large house—eight by ten. A dining hall—ten by ten. The height - approximately half its length plus half its breadth. Proof of the matter? The Sanctuary. Rabban Shimon ben Gamliel says: Everything is like the construction of the Sanctuary?
  One who has a well within his fellow’s property may enter at a time when it is way of people to enter, and leave at a time when it is the way of people to leave. And he may not bring in his cattle and give it to drink from his well. Rather he must fill [a vessel] and give it to drink outside. And this one makes a lock for himself, and this one makes a lock for himself.   
  One who has a garden within his fellow's garden may enter at a time when it is the way of people to enter, and leave at a time when it is the way of people to leave. And he may not bring merchants in, and may not enter from within it into another field. [And the owner of] the outer garden may sow on the path. If they gave him a path from the side, by mutual consent, he may enter when he wishes and leave when he wishes. And he may bring in merchants, but he may not enter from within it into another field. And neither of them is allowed to sow [the path]. 
  One through whose field a public thoroughfare passes, if he took it and gave them [an alternative path] by the side of the field, that which he has given he has given, and what which is [now] his does not become his. A private path is four cubits. A public path is sixteen cubits. The king’s highway has no prescribed measure. The path to a grave has no prescribed measure. [A place to] stand [to console the survivors of the deceased]: the judges of Tzippori say: four <i>kab</i>’s space of ground. 
  One who sells a place to his fellow to make a tomb, and so, too, someone who contracted with his fellow to make a tomb, he makes the interior of it four cubits by six, and makes eight niches that open up into it, three on this side, three on that side, and two opposite [the doorway]. And the niches -  their length is four cubits long, their height is seven [handbreadths], and their width is six [handbreadths]. Rabbi Shimon says: He makes the interior of the tomb six cubits by eight, and makes thirteen niches that open up into it, four from this side, and four from the other side, and three across from [the opening] and one to the right of the opening, and one to the left. And he makes an antechamber across the face of the cave that is six [cubits] by six – like the size of a coffin and it's buriers. And opens two chambers into it – one from this side, and one from that. Rabbi Shimon says, four, to the four directions. Rabban Shimon ben Gamliel says: all according to the stone. 
  
  
  
  [If] one says to his fellow, “I will sell you a <i>kor</i>’s space of soil," if there crevices ten handbreadths deep or rocks ten handbreadths high there, these are not included in the measurement. Less than this and they are included in the measurement. If he said to him, “About a <i>kor</i>’s space of soil," even if there crevices ten handbreadths deep or rocks ten handbreadths high there, they are included in the measurement. 
  [He said,] “I will sell you a <i>kor</i>’s space of soil [measured as exactly] as a rope is measured." [If] he gave him less - even a minuscule amount - he may reduce the payment. [If] he gave him a surplus - even a minuscule amount - he must return [the excess]. If he said, “Whether it be missing some, or whether it has a surplus,” even if it lacked a quarter-<i>kab</i>’s space per <i>seah</i>, or exceeded by a quarter-<i>kab</i>’s space per <i>seah</i>, ownership transfers. More than this, a reckoning must be made. With what does he reimburse? Money. But if [the seller] wants, he gives him back the land. And why did they say he could reimburse him with money? To strengthen the power of the seller, for if the remainder from a field was a nine-<i>kab</i> space or, in a garden, a half-<i>kab</i>’s space, or according to Rabbi Akiva a quarter-<i>kab</i>’s space, the buyer must reimburse him with land. And not only must he give back the quarter-<i>kab</i>’s space, but all of the surplus. 
  [If he said] “I will sell you [land measured as exactly] as a rope is measured, whether it be missing some or whether it has some surplus,” [when he said,] “whether it be missing some or whether it has some surplus,” this negates the condition “as measured by the rope." [If he said] “Whether it be missing some or whether it has some surplus, as [measured as exactly] as a rope is measured," [when he said] “[measured as exactly] as a rope is measured,” this negates the condition “whether it be missing some or whether it has some surplus”, the words of Ben Nanas. [If he said,] "[I will sell the space of a <i>kur</i>] by these marks and boundaries," if the difference was less than a sixth, ownership is transferred. If it was as much a sixth, the buyer may reduce the payment. 
  One who says to his fellow, “I will sell you half of the field," they evaluate it, and [the buyer] takes [a portion equal to] half of [the value of] the field . [If he said, “I will sell you] the southern half," they evaluate it and [the buyer] takes the southern [portion that is equal in value to] half [of the field]. He accepts responsibility for [providing the] ground for the fence and the large and small ditches. What is the size of a large ditch?  Six handbreadths. And the small ditch?  Three. 
  
  
  
  There are those who inherit [from] and bequeath [to one another], there are those who inherit [from] but do not bequeath [to one another], there are those who bequeath [to] but do not inherit [from one another] and there are those who neither bequeath [to] nor inherit [from one another]. These inherit [from] and bequeath [to]: a father relative to his sons, and sons relative to their father, and brothers from the same father - these inherit [from] and bequeath [to one another]. A man relative to his mother, and a man relative to his wife, and the sons of [a man's] sisters - these inherit [from] but do not bequeath [to]. A woman relative to her sons, and a wife relative to her husband, and brothers of one's mother - these bequeath [to] but do not inherit [from]. And brothers from the [same] mother [but not father] neither inherit [from] nor bequeath [to]. 
  The order of inheritance is thus: “If a man dies without leaving a son, you shall transfer his property to his daughter” (Numbers 27:8)—the son precedes the daughter, and all the son’s offspring precede the daughter. A daughter precedes [a man's] brothers and the daughter's offspring precede the brothers. Brothers precede the father’s brothers and the brothers’ offspring precede the father’s brothers. This is the general rule: whosoever has precedence in inheritance, his offspring also have precedence, and the father has precedence over all his offspring. 
  The daughters of Tzlofchad received three portions in the inheritence [of land in Israel]: their father's portion, for he was among those who left Egypt; their father's portion among his brothers from the portion of Chefer; and since he was a first born, he received two portions [among his brothers].
  A son and a daughter are alike concerning inheritance, except that only a son [could] take a double portion of the father’s property, though he [could] not take a double portion of the mother’s property. And the daughters are fed from the father’s property, though they are not fed from the mother’s property. 
  One who says, “So-and-so, who is my firstborn, shall not receive a double portion," [or] “So-and-so, my son, shall not inherit with his brothers," has said nothing, for he has stipulated against what is written in the Torah. [If] one apportioned his property to his sons by word of mouth, and [either] increased for one and decreased for another or made the first-born equal to them, his words stand. But if he stated it "as an inheritance," he has said nothing. [However, if] he had written down, whether at the beginning or in the middle or at the end [of the sentence] "as a gift," his words are valid. One who says, “That man So-and-shall inherit from me,” and he has a daughter; or “My daughter shall inherit from me," and he has a son, he has said nothing, for he has stipulated against what is written in the Torah. Rabbi Yohanan ben Baroka says:  If he refers to one who is qualified to inherit from him, his words are valid, but if he refers to one who is not qualified to inherit from him, his words his words are not valid.” One who wrote his property off to others and passed over his sons, what he has done is done, but the sages are not pleased  with him. Rabban Shimon ben Gamaliel says:  If has sons did not behave properly, he should be remembered for good.   
  One who says “this is my son” is believed. "This is my brother" -  he is not believed, though [his supposed brother] does share a claim on his portion. If [the supposed brother] died, the property returns to its source. If [the supposed brother] inherited property from elsewhere, his [known] brothers inherit it together with him. [If] someone died and a will was found bound to his thigh, this counts as nothing. But if, through it, he had granted title to another, whether from among his heirs or from among those who are not his heirs, his words are valid. 
  Regarding one who signs his property [over] to his sons, it is necessary for him to write "from today and after death" - these are the words of Rabbi Yehudah.  Rabbi Yose says: He need not do so. Regarding one who signs his property [over] to his son     "[from today and] after his death", the father is not able to sell it because it is signed [over] to the son; and the son is not able to sell it because it is in the father's possession. If the father sells it, [the fruits] are sold until he dies. If the son sells it, the buyer has no claim on it until after the father dies. The father may pick [from the produce of that property] and feed anyone he wishes [with it], and that which he left behind that was already picked shall surely belong to the inheritors. If one left sons of the age of adulthood [as well as] minors, those who are of age are not financed at the expense of the minors, and the minors are not fed at the expense of those of age. Rather, they divide it equally.  Just as those of the age of adulthood [draw on the estate to] marry, the minors [draw on the estate to] marry. But if, [after the father died,] the minors said, "We will marry in the manner that you married [while father was alive]," we do not listen to them. Rather, that which their father gave to them is given.
  If he left adult daughters and minor daughters, the adult daughters are not financed at the expense of the minor daughters, and the minor daughters are not maintained at the expense of the adult daughters. Rather, they divide equally. Just as the adult daughters [draw on the estate to] marry, the minors [draw on the estate to] marry.  But if, [after the father died,] the minors said, "We will marry in the manner that you married [while father was alive]," we do not listen to them. This is a greater stringency that applies to daughters over sons: daughters are maintained at the expense of the sons, but they are not maintained at the cost of the [other daughters]. 
  
  
  
  [If] one died and left behind sons and daughters: in the event that his possessions are abundant, the sons shall inherit and the daughters shall be maintained. [If his] possessions are sparse, the daughters shall be maintained and the sons shall beg from door to door. Admon says:  "Because I am a male I have lost out!” Rabban Gamaliel says:  I see [the logic of] the words of Admon. 
  [If] he left behind sons and daughters and a <i>tumtum</i> [person with recessed sexual organs whose gender is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such a person is male or female], in the event that his possessions are abundant, the males push [the <i>tumtum</i>] toward the females. If the possessions are sparse, the females push [the <i>tumtum</i>] toward the males. If one says, “If my wife shall bear a male he shall claim a <i>maneh</i>,” if she birthed a male, he claims a <i>maneh</i>. "A female - 200 <i>zuz</i>” - [and] she birthed a female, she claims 200 <i>zuz</i>. "If it is a male, a <i>maneh</i> and if it is a female, 200 <i>zuz</i>” - if she birthed a male and a female, the male claims a <i>maneh</i> and the female claims 200 <i>zuz</i>. If she birthed a <i>tumtum</i>, [the <i>tumtum</i>] does not claim anything. But if he said, “Whatever my wife births shall claim," the <i>tumtum</i> claims. . If there is no heir aside from [the <i>tumtum</i>], [the <i>tumtum</i>] inherits everything. 
  He left behind adult sons and minor sons. If the adult sons improved the value of the property, they improved it for the estate. If they said, “See what father left us. We will work to feed ourselves,” they have improved it on their own behalf. So, too, a woman who improved the value of the property has  improved it for the estate. If she said, “See what my husband left me. I will work to feed myself,” she has improved it on her own behalf. 
  Brothers who are partners - if one of them was retained [by the government] for his craft, [his wage] goes into the estate. If one [of them] became sick and incurred medical costs, his medical costs come from his own [money]. [If] some from among the brothers sent reciprocal wedding gifts while their father was still alive, when the reciprocal wedding gift is reciprocated, it is restored to the estate, for a reciprocal wedding gift can be demanded in court. But one who sends his fellow jugs of wine and jugs of oil, these cannot be demanded in court, for they are expressions of kindness. 
  [If] one sends gifts of betrothal to his father-in-law’s house, [even] if he sent 100 <i>maneh</i>, and then ate a Groom's Meal there worth only a <i>dinar</i>, [the gifts] cannot be recovered. If he did not eat a Groom's Meal there, they can be recovered. If he sent abundant gifts of betrothal that were intended to return with her to her husband's house, they can be  recovered. [If he sent] limited gifts of betrothal intended to be used in her father’s house, they cannot be recovered. 
  One who is lying on his deathbed who wrote all of his property over to others but withheld even a small amount of land, his gift stands [even if he recovers]. If he did not withhold any amount of land, his gift does not stand. If "on his deathbed" was not written: he says he was on his deathbed and they say that he was healthy, he must bring proof that he was on his deathbed - these are the words of Rabbi Meir. And the sages say: "One who wishes to extract [money] from his fellow - the onus of proof is upon him.”  
  One who is dividing [a man's] property according to his spoken word: Rabbi Eliezer says: Whether he be healthy or in danger of dying, property for which there is surety can be acquired with money, contract, and <i>chazakah</i> [a presumption of ownership, generally regarding landed property, established by unchallenged, publicly known possession for a certain period of time, together with a legally acceptable claim regarding how the property came into the possessor’s hands]. [Property] for which there is no surety can be acquired only by being drawn [toward the new owner]. They said to him: "It happened that the mother of the sons of Rokhel was sick, and she said, ‘Give my veil to my daughter’ - and it was worth twelve <i>maneh</i> -and then she died, and they fulfilled her words. He said to them, "May the children of Rokhel be buried by their mother!" And the sages say: On Shabbat his words are fulfilled, since he cannot write, but not on ordinary days. Rabbi Yehoshua says: On Shabbat, they said, and by <i>a fortiori</i> reasoning on an ordinary day!" Similarly, one may claim something for [the benefit of] a minor, and one may not claim something for [the benefit of] an adult - the words of Rabbi Eliezer. Rabbi Yehoshua says:  For a minor, they said, and by <i>a fortiori</i> reasoning for an adult!
  A house fell down upon a man and upon his father, or upon a man and upon any who bequeath to him, while responsibility for a woman's <i>ketubah</i> and toward a creditor were upon him: The father’s heirs say, “The son died first and the father died afterward.” The creditors say, “The father died first and the son died afterward.” Beit Shammai says:  Let them split [the property]. Beit Hillel says: The property remains where it is currently held. 
  A house fell upon a man and upon his wife. The husband’s heirs say, “The wife died first and the husband died afterward.” The wife’s heirs say, “The husband died first and the wife died afterward.” Beit Shammai says: Let them split [the property]. Beit Hillel says:  The property remains where it is currently held, the [settlement of] the <i>ketubah</i>remains with the husband’s heirs, [and] property that comes into [the marriage] and goes out [of the marriage] with her remains with her father’s heirs. 
  A house fell upon a man and upon his mother. Both these [Beit Shammai] and these [Beit Hillel] agree that they split [the property]. Rabbi Akiva said: I agree here that the property remains in its current status. Ben Azzai said to him:  We are distressed over the [previous] disagreements, and you are coming to bring disagreement where they agree. 
  
  
  
  A simple document - it's witnesses [sign] within.  A sewn document - its witnesses sign on the outside. A simple [document] whose witnesses signed on the outside, or a sewn [document] whose witnesses signed within - both are invalid. Rabbi Hanina ben Gamliel says:  A sewn document whose witnesses signed within is valid, since it can be made into a simple [document]. Rabbi Shimon ben Gamliel says:  Everything according to the custom of the land. 
  A simple document [is legitimate] with two witnesses. A sewn document: with three. A simple [document] that has only one witness, or a sewn [document] that has only two - both are invalid. If he wrote in it:  “100 <i>zuz</i> which are 20 <i>sela</i>,” he can claim only 20 <i>sela</i>. If he wrote “100 <i>zuz</i> which are 30 <i>sela</i>,” he can claim only 100 <i>zuz</i>. “Silver <i>zuzim</i> which are …”, and [the rest] was erased - not less that two <i>zuzim</i>. “Silver <i>selaim</i> which are …”, and [the rest] was erased, not less than two <i>selaim</i>. “<i>Darkonot</i> which are …”, and the rest was erased, no less than two <i>darkonot</i>. If “one <i>maneh</i>” was written a the top and “200 <i>zuz</i>” was written at the bottom, or “200 <i>zuz</i>” was written at the top and “one <i>maneh</i>” at the bottom, everything goes according to [what is written] at the bottom. If so, why do they write the one at the top? So that, if a letter from the lower figure below was erased, they can ascertain from the one above. 
  One may write a writ of divorce for a man even if his wife is not with him, or a receipt for a woman even if her husband is not with her, provided that he recognizes them - and the husband pays the fee. One may write a document for the debtor even though the creditor is not with him, but one may not write a document for the creditor unless the debtor is with him - and the debtor pays the fee. One may write a deed of sale for the seller even though the buyer is not with him, but one may not write it for the buyer unless the seller is with him - and the buyer pays the fee. 
  One may not write documents of betrothal or marriage except with the consent of both parties - and the bridegroom pays the fee. One may not write documents of tenancy and sharecropping except with the consent of both parties - and the tenant pays the fee.  One may not write documents of arbitration, or the document of any court action, except with the consent of both parties - and both parties pay the fee. Rabban Shimon ben Gamliel says:  Two documents are written for the two parties, this one for himself, and that one for himself. 
  One who had paid part of his debt and then [rather than write a partial receipt] gave the writ of obligation to a third party and said to him, “If I have given you [the remainder] by such-and-such a day, give [the lender] the writ.” The time came and he had not given the remainder: Rabbi Yose says:  He shall give it to him. Rabbi Yehudah says:  He shall not give it to him. 
  [A lender] whose writ of obligation was erased: witnesses shall testify about it, and he comes before the court and they write a verification: “So-and-so the son of so-and-so's writ of obligation was erased on such-and-such a day, and so-and-so and so-and-so are his witnesses.” If one had paid part of his debt, Rabbi Yehudah says: He should exchange [the writ of obligation for a new one].  Rabbi Yose says: He should write a receipt. Rabbi Yehudah said:  It would turn out that this one will have to guard his receipt from mice. Rabbi Yose said to him:  Such a thing is good for [the borrower], and it does not diminish the power of [the lender].
  There are two brothers, one poor and one wealthy, and their father left them a bath house and an olive press. If he had built them to generate income, the income goes to the estate. If he made them for private use, the wealthy [brother] may say to the poor [brother], “Get yourself some slaves and they can wash in the bath house. Get yourself some olives and prepare them in the olive press.” Two men who were in the same city, one named Yoseph the son of Shimon and other named Yoseph the son of Shimon: they may not bring forth a writ of obligation against one another, and no other person may bring forth a writ of obligation against them. And if someone finds among his documents a document that states, “Yoseph son of Shimon's debt is paid,” both of their writs are [considered as] paid. What should they do?  They should provide a third [generation with their names]. And if they were [similarly named] to the third [generation], they should write a physical description. And if they were described physically [in similar ways], they should write “kohen”. [If] one says to his son, "One of the writs of obligation among my documents has already been paid and I do not know which one it is," then all are [considered to be] paid.  If, [among these documents,] there are two [documents] written to the same [debtor], the large one is [considered as] paid and the small one is not [considered as] paid. One who loaned money to his fellow on a guarantor’s security may not exact payment from the guarantor.   But if he had said, “On the condition that I may exact payment from whom I wish,” then he may exact payment from the guarantor. Rabban Shimon ben Gamliel says: If the borrower had property, [whether he made the condition] or not, he may not exact payment from the guarantor. And thus did Rabban Shimon ben Gamliel also say:  If one was a guarantor for a woman’s <i>ketubah</i> and her husband divorced her, [the husband] must disavow any further benefit from her, lest they conspire for the property of the guarantor and he takes his wife back. 
  One who lent his fellow money by means of a document may collect [even] from property that has been transacted to another. If [he lent money] by means of witnesses, he may collect [only] from unencumbered property. If [the lender] brought forth [a loan document] that attested to [the borrower's] debt with [only the borrower's] signature, the creditor may collect the debt only from unencumbered property. [If] a guarantor's name appears after the signatures of witnesses, the creditor may collect the debt only from [the guarantor’s] unencumbered property. A case came before Rabbi Yishmael and he said, “He may collect only from unencumbered property.” Ben Nanas said to him: “He may recover the debt neither from transacted property nor from unencumbered property.” He said to him: “Why?” He answered, “If a man choked someone in the market, and his fellow found him and said ‘Leave him alone,' he is exempt [from being a guarantor], since [the lender] did not lend [the borrower money] based upon [the guarantor's] trustworthiness. Rather, which type of guarantor is liable? 'Lend him money and I will pay you' -  he is liable, for [the lender] did indeed lend [the borrower] money based [the guarantors] trustworthiness." Rabbi Yishmael said: [If] one wishes to become wise, he should occupy himself with monetary laws, for there is no corner of Torah greater than them, for they are like a flowing spring. And [if] one wishes to occupy himself with monetary laws, let him serve Shimon ben Nanas. 