Soncino English Talmud
Bava Batra
Daf 59a
We learnt: THERE IS HAZAKAH FOR A ROOF-GUTTER. This fits in with the first two of the views [just adduced] but on the view that [the Statement that 'there is no hazakah for a gutterpipe' means that] if the owner of the courtyard wants to build under it he may do so, what does it matter to him [the owner of the gutter]? — We are dealing here with a gutter of stone, the owner of which can say, I do not want my stonework to be weakened [by building carried on underneath]. Rab Judah said in the name of Samuel: If a man has a pipe [on his roof] from which water drips into his neighbour's courtyard and he wants to stop it up the owner of the courtyard can prevent him, saying, Just as you have property in the courtyard for pouring your water into It, so I have property in the water that comes from your roof. It has been stated: R. Oshaia said that the owner of the courtyard may prevent him, but R. Hama said he may not. They went and asked R. Bisa, who replied that he can prevent him. Rami b. Hama applied to him [R. Oshaia] the verse, A threefold cord is not easily broken. This [he said], is exemplified in R. Oshaia the son of R. Hama who is the son of R. Bisa. THERE IS NO HAZAKAH FOR AN EGYPTIAN LADDER. How is an Egyptian ladder to be defined? — The school of R Jannai defined it as one which has not four rungs. THERE IS NO HAZAKAH FOR AN EGYPTIAN WINDOW. Why should a definition be given [in the Mishnah] of an Egyptian window and not of an Egyptian ladder? — Because [in regard to the size of the window] the dissentient opinion of R. Judah was to be recorded in the next clause. R. Zera said: There is hazakah [for a Tyrian window] if it comes lower than four cubits [from the floor of the room], and the owner of the courtyard can prevent [one from being made in the first instance]; but if it is more than four cubits from the floor, there is no hazakah for it and the owner of the courtyard cannot prevent [it from being made]. R. Elai, however, said that even if it is more than four cubits from the floor there is no hazakah for it, and [yet] the owner of the courtyard can prevent it from being made. May we say that the point at issue between them [R. Zera and R. Elai] is whether or not we force a man to abandon a dog-in-the manger attitude, one [R. Zera] holding that we do and the other that we do not? — No. Both are agreed that we do, and here [R. Elai] makes a difference because the [owner of the courtyard] can say to the other, You might at times place a stool under yourself and stand on it and see [into my courtyard]. A certain man appealed to R. Ammi. The latter sent him to R. Abba b. Memel, telling him, Decide according to the opinion of R. Elai. Samuel said: If [a window is necessary] to let in light, however small it is there is hazakah for it. MISHNAH. FOR A SPAR [WHICH PROJECTS NOT LESS THAN] A HAND BREADTH THERE IS HAZAKAH
Sefaria
Ketubot 62b · Ecclesiastes 4:12 · Ecclesiastes 4:2 · Eruvin 77b · Makkot 2b
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