Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 14:10

כופין אותו לבנות בית שער ודלת לחצר: תניא רבן שמעון בן גמליאל אומר לא כל חצרות ראויות לבית שער אלא חצר הסמוכה לרשות הרבים ראויה לבית שער ושאינה סמוכה לרשות הרבים אינה ראויה לבית שער ורבנן זימנין דדחקי בני רשות הרבים ועיילו ואתו:

and the other there is no latch. Or again I may say that in both cases there is a latch and still there is no difficulty, because in the one case the latch is inside and in the other outside.<span class="x" onmousemove="('comment',' If the latch is inside the poor man cannot open the door with it, and so cannot make his voice heard. ');"><sup>16</sup></span> HE MAY BE COMPELLED TO CONTRIBUTE TO THE COST OF A PORTER'S LODGE AND A DOOR. It has been taught: Rabban Simeon b. Gamaliel Says: Not all courtyards require a porter's lodge; a courtyard which abuts on the public thoroughfare requires a lodge, but one which does not abut on the public thoroughfare<span class="x" onmousemove="('comment',' Being somewhat drawn back into private ground. ');"><sup>17</sup></span>

Tosafot on Bava Batra

They collect according to the wealth of each individual: Since there is no life-threatening danger, we do not assess according to wealth. And this is also true in the last chapter of Bava Kamma (116b): A caravan traveling in the desert, and a troop of bandits stood over it, we assess according to wealth, for there is not danger to life since in the troop is attacking only for money. And even though it says in Sanhedrin (72a) that a tunneling thief is judged according to his end. And Rava explains that this is because there is an assumption that a person would not stand by idly while his money is threatened [and therefore, the fact that the homeowner would defend himself will lead the thief to respond with violence...thus a thief coming to steal money is prepared to act violently] even so, we assess [the caravan attacked by bandits] according to wealth, sinc the bandits only want to seize money, and if the caravan does not defend itself, they bandits will not physically harm them. Therefore, this is not considered a situation of danger. But in the case of bandits, if the caravan comes to terms with them, the amount is assessed by wealth. But when people get lost in the wilderness, it says there that the assessment is per capita, since when people get lost, there is danger to life.
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