Commentary for Bava Batra 5:7
מאי קמ"ל דכי לית ביה דין חלוקה כי רצו פליגי תנינא אימתי בזמן שאין שניהם רוצים אבל בזמן ששניהם רוצים אפילו פחות מכאן חולקין אי מהתם הוה אמינא אפילו פחות מכאן במסיפס בעלמא קמ"ל הכא כותל
The Mishnah then tells us [according to this] that where there is no right of division, they may still divide, if they so agree. We have learnt this already, [in the following passage]: 'When does this rule apply?<span class="x" onmousemove="('comment',' That a courtyard is not to be divided if each part will not be large enough to be still called a courtyard. ');"><sup>6</sup></span>
Tosafot on Bava Batra
What is it teaching us? That when it is not subject to the law of division: [The question is asked] even though it is teaching that it is considered damage. This is [the question's] explanation: What is it teaching us by that which it is speaking about when it is not subject to the law of division? Let it make us understand about when it is subject to the law of division that [even though they did not want] (when they wanted), they must divide it. It is [however still] a wonder! Behold it is teaching us that even when it is not subject to the law of division - that it can be said that [when] one [agreed to a partition, but] did not agree to making a wall, [he must still do so], as it explained earlier.
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